9–6–05 Tuesday Vol. 70 No. 171 Sept. 6, 2005

Pages 52893–53042

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i II Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005

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Contents Federal Register Vol. 70, No. 171

Tuesday, September 6, 2005

Agency for Healthcare Research and Quality Environmental Protection Agency NOTICES RULES Agency information collection activities; proposals, Air quality implementation plans; approval and submissions, and approvals, 53018–53019 promulgation; various States; air quality planning purposes; designation of areas: Agriculture Department Arizona; correction, 52926–52930 See Forest Service Air quality implementation plans; approval and NOTICES promulgation; various States: Agency information collection activities; proposals, District of Columbia, 52919–52926 submissions, and approvals, 52979 PROPOSED RULES Air quality implementation plans; approval and Broadcasting Board of Governors promulgation; various States; air quality planning NOTICES purposes; designation of areas: Meetings; Sunshine Act, 52979–52980 Arizona; correction, 52960–52961 Air quality implementation plans; approval and Census Bureau promulgation; various States: NOTICES Oregon, 52956–52960 Agency information collection activities; proposals, NOTICES submissions, and approvals, 52981–52982 Committees; establishment, renewal, termination, etc.: Clean Air Scientific Advisory Committee, 53001–53003 Centers for Medicare & Medicaid Services Meetings: RULES Detection and Quantitation Approaches in Clean Water Medicare: Act Programs Federal Advisory Committee, 53004– Outpatient drugs and biologicals under part B; 53005 competitive acquisition Pesticide programs: Correction, 52930–52935 Risk assessment— Civil Rights Commission Dimethoate, 53005–53008 NOTICES Water pollution control: Meetings; State advisory committees: National Pollutant Discharge Elimination System— Ohio, 52980 Texas; general permit for territorial seas, 53008 South Carolina, 52980 Executive Office of the President Coast Guard See Science and Technology Policy Office RULES Drawbridge operations: Farm Credit Administration Maine, 52917–52919 NOTICES Meetings; Sunshine Act, 53008–53009 Commerce Department See Census Bureau Federal Aviation Administration See Industry and Security Bureau RULES See International Trade Administration Airworthiness directives: See National Oceanic and Atmospheric Administration Boeing, 52899–52902 NOTICES Bombardier, 52902–52903 Agency information collection activities; proposals, Class D airspace, 52903–52904 submissions, and approvals, 52980–52981 Class E airspace, 52905 Committee for the Implementation of Textile Agreements PROPOSED RULES Airworthiness directives: NOTICES BAE Systems (Operations) Ltd., 52947–52949 Bilateral textile consultations: Boeing, 52943–52947 China, 52994–52996 NOTICES Commodity Futures Trading Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 53039–53040 Agency information collection activities; proposals, submissions, and approvals, 52996–52997 Federal Emergency Management Agency RULES Delaware River Basin Commission Flood elevation determinations: NOTICES California, 52939–52940 Meetings and hearings, 52997–52999 Pennsylvania and Georgia, 52938–52939 Various States, 52936–52938 Energy Department Flood insurance; communities eligible for sale: See Federal Energy Regulatory Commission Missouri and Nebraska, 52935–52936

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PROPOSED RULES Industry and Security Bureau Flood elevation determinations: NOTICES Massachusetts, 52961–52962 Meetings: New Mexico and Ohio, 52976–52978 Regulations and Procedures Technical Advisory North Carolina, 52962–52976 Committee, 52982–52983 NOTICES Agency information collection activities; proposals, Interior Department submissions, and approvals, 53022–53024 See Fish and Wildlife Service Disaster and emergency areas: See Land Management Bureau Kansas, 53024 See Minerals Management Service Louisiana, 53024–53025 See National Park Service Wyoming, 53025 See Surface Mining Reclamation and Enforcement Office Meetings: National Fire Academy Board of Visitors, 53025–53026 Internal Revenue Service PROPOSED RULES Federal Energy Regulatory Commission Income taxes: NOTICES Partnerships with foreign partners; obligation to pay Electric rate and corporate regulation combined filings, withholding tax on taxable income; cross reference 52999–53001 Correction, 52952–52953 NOTICES Meetings: Fish and Wildlife Service Taxpayer Advocacy Panels, 53041–53042 NOTICES Meetings: International Trade Administration Aquatic Nuisance Task Force Western Regional Panel and NOTICES Mississipi River Regional Panel, 53026 Antidumping: Oil country tubular goods, other than drill pipe, from— Argentina, 52983–52984 Food and Drug Administration Polyvinyl alcohol from— NOTICES China, 52984 Human drugs: New drug applications— International Trade Commission Penthrane (methoxyflurane) Inhalation Liquid, 99.9 NOTICES percent; approval withdrawn, 53019 Import investigations: Medical devices: Ink sticks for solid ink printers from— Premarket approval applications; list; safety and Korea, 53027–53028 effectiveness summaries’ availability, 53019–53021 Reports and guidance documents; availability, etc.: Justice Department Draft guidance on M5 data Elements and Standards for See Parole Commission Drug Dictionaries, 53021–53022 Land Management Bureau Forest Service NOTICES NOTICES Survey plat filings: Environmental statements; notice of intent: Idaho, 53026–53027 Tongass National Forest, AK; cancelled, 52979 Marine Mammal Commission NOTICES General Services Administration Meetings: NOTICES Acoustic Impacts on Marine Mammals Advisory Agency information collection activities; proposals, Committee, 53028 submissions, and approvals, 53009 Federal Management Regulation: Medicare Payment Advisory Commission Redesignation of Federal Buildings, 53009–53010 NOTICES Meetings, 53028–53029 Health and Human Services Department Minerals Management Service See Agency for Healthcare Research and Quality PROPOSED RULES See Centers for Medicare & Medicaid Services Outer Continental Shelf; oil, gas, and sulphur operations: See Food and Drug Administration NOTICES Marine mammals and threatened and endangered species Grants and cooperative agreements, availability: protection; lessee plans and information submission Afghanistan; Rabia Balkhi Women’s Hospital; improve requirements, 52953–52956 operations and delivery of quality health care, National Aeronautics and Space Administration 53010–53018 RULES Acquisition regulations: Homeland Security Department Contracting and head of contracting activity definitions; See Coast Guard revised, 52940–52941 See Federal Emergency Management Agency Packaging, handling, and transportation, 52941

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National Oceanic and Atmospheric Administration Small Business Administration RULES NOTICES Hydrographic products and services: Disaster loan areas: Distributors certification requirements, 52906–52916 Florida, 53036–53037 NOTICES Maine, 53037 Endangered and threatened species: Wyoming, 53037 Incidental take permits— Meetings: Sea turtles, 52984–52989 Veterans Business Affairs Advisory Committee, 53037– Meetings: 53038 New England Fishery Management Council, 52989 Small business size standards: South Atlantic Fishery Management Council, 52989– Nonmanufacturer rule; waivers— 52990 Sporting and athletic goods manufacturing, 53038 Permits: Applications, hearings, determinations, etc.: Marine mammals, 52990–52994 Odyssey Venture Partners II, LP, 53036

National Park Service Social Security Administration NOTICES PROPOSED RULES Meetings: Supplemental security income: Wekiva River System Advisory Management Commission, Income and resources provision changes, 52949–52952 53027 State Department Nuclear Regulatory Commission NOTICES RULES Agency information collection activities; proposals, Rulemaking petitions: submissions, and approvals, 53038–53039 Leyse, Robert H., denied, 52893–52899 PROPOSED RULES Surface Mining Reclamation and Enforcement Office Early site permits, standard design certifications, and RULES combined licenses for nuclear power plants, 52942 Permanent program and abandoned mine land reclamation plan submissions: Overseas Private Investment Corporation Pennsylvania, 52916–52917 NOTICES Meetings; Sunshine Act, 53029 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Parole Commission Agreements NOTICES Meetings; Sunshine Act, 53028 Transportation Department Science and Technology Policy Office See Federal Aviation Administration NOTICES Meetings: Treasury Department President’s Council of Advisors on Science and See Internal Revenue Service NOTICES Technology, 53029–53030 Agency information collection activities; proposals, submissions, and approvals, 53040–53041 Securities and Exchange Commission NOTICES Joint industry plan: American Stock Exchange LLC et al., 53030 Reader Aids Meetings; Sunshine Act, 53030–53031 Consult the Reader Aids section at the end of this issue for Public Utility Holding Company Act of 1935 filings, 53031– phone numbers, online resources, finding aids, reminders, 53033 and notice of recently enacted public laws. Self-regulatory organizations; proposed rule changes: To subscribe to the Federal Register Table of Contents American Stock Exchange LLC, 53033–53034 LISTSERV electronic mailing list, go to http:// Boston Stock Exchange, Inc., 53034 listserv.access.gpo.gov and select Online mailing list Chicago Board Options Exchange, Inc., 53035 archives, FEDREGTOC-L, Join or leave the list (or change International Securities Exchange, Inc., 53035–53036 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.

10 CFR 50...... 52893 Proposed Rules: 1...... 52942 2...... 52942 10...... 52942 19...... 52942 20...... 52942 21...... 52942 25...... 52942 26...... 52942 50...... 52942 51...... 52942 52...... 52942 54...... 52942 55...... 52942 72...... 52942 73...... 52942 75...... 52942 95...... 52942 140...... 52942 170...... 52942 14 CFR 39 (2 documents) ...... 52899, 52902 71 (4 documents) ...... 52903, 52905 Proposed Rules: 39 (3 documents) ...... 52943, 52945, 52947 15 CFR 995...... 52906 20 CFR Proposed Rules: 416...... 52949 26 CFR Proposed Rules: 1...... 52952 30 CFR 938...... 52916 Proposed Rules: 250...... 52953 33 CFR 117...... 52917 40 CFR 52 (2 documents) ...... 52919, 52926 81...... 52926 Proposed Rules: 52 (2 documents) ...... 52956, 52960 81...... 52960 42 CFR 414...... 52930 44 CFR 64...... 52935 65 (2 documents) ...... 52936, 52938 67...... 52939 Proposed Rules: 67 (3 documents) ...... 52961, 52962, 52976 48 CFR 1802...... 52940 1852...... 52941

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Rules and Regulations Federal Register Vol. 70, No. 171

Tuesday, September 6, 2005

This section of the FEDERAL REGISTER systems (ECCS) and associated guidance including the petition for rulemaking, contains regulatory documents having general documents be amended. The petitioner public comments received, and the applicability and legal effect, most of which asserts that amendments are necessary NRC’s letter of denial to the petitioner, are keyed to and codified in the Code of to correct technical deficiencies in the may be viewed electronically on public Federal Regulations, which is published under correlations and data used for 50 titles pursuant to 44 U.S.C. 1510. computers in the NRC’s Public calculation of metal-water oxidation. Document Room (PDR), O–1 F21, One The Code of Federal Regulations is sold by The petitioner states that the White Flint North, 11555 Rockville the Superintendent of Documents. Prices of correlations and data do not consider Pike, Rockville, Maryland 20852. The new books are listed in the first FEDERAL the complex thermal-hydraulic PDR reproduction contractor will copy REGISTER issue of each week. conditions present during a loss-of- documents for a fee. Selected coolant accident (LOCA), including the documents, including comments, may potential for very high fluid NUCLEAR REGULATORY be viewed and downloaded temperature. The Commission is electronically via the NRC rulemaking COMMISSION denying Mr. Leyse’s petition for Web site at http://ruleforum.llnl.gov. rulemaking (PRM–50–76). None of the 10 CFR Part 50 specific technical issues raised by the Publicly available documents created [Docket No. PRM–50–76] petitioner have shown safety-significant or received at the NRC after November deficiencies in the research, calculation 1, 1999, are also available electronically Robert H. Leyse; Denial of Petition for methods, or data used to support ECCS at the NRC’s Electronic Reading Room at Rulemaking performance evaluations. NRC’s http://www.nrc.gov/reading-rm/ adams.html. From this site, the public AGENCY: Nuclear Regulatory technical safety analysis demonstrates Commission. that current procedures for evaluating can gain access into the NRC’s ECCS performance are based on sound Agencywide Documents Access and ACTION: Petition for rulemaking; denial. science and that no amendments to the Management System (ADAMS), which SUMMARY: The Nuclear Regulatory NRC’s regulations and guidance provides text and image files of NRC’s Commission (NRC) is denying a petition documents are necessary. public documents. If you do not have for rulemaking submitted by Mr. Robert ADDRESSES: The NRC is making the access to ADAMS or if you have H. Leyse (PRM–50–76). The petitioner documents identified in the table below problems in accessing the documents in requests that the NRC’s regulations available to interested persons through ADAMS, contact the PDR reference staff concerning the specified evaluation several means. Publicly available at (800) 387–4209 or (301) 415–4737 or models for emergency core cooling documents related to this petition, by e-mail to [email protected].

Document PDR Web ADAMS

Federal Register Notice—Receipt of Petition for Rulemaking (67 FR 51783; Aug. 9, 2002) ...... X X ML022800472 Letter of Denial to the Petitioner ...... X X ML052220454 Penn State/US NRC ‘‘Rod Bundle Test Facility and Reflood Heat Transfer Program’’ ...... ML023040657 Petition for Rulemaking (PRM–50–76) ...... X X ML022240009 Public Comments for PRM–50–76 ...... X X ML042740105 US NRC Office of Nuclear Research (RES) ‘‘Technical Safety Analysis of PRM–50–76, A Petition for Rule- X X ML041210109 making to Amend Appendix K to 10 CFR Part 50 and Regulatory Guide 1.157’’. US NRC, ‘‘Updated Program Plan for High-Burnup Light-Water Reactor Fuel’’ ...... ML031810103 Studies of Metal Water Reactions at High Temperatures, III. Experimental and Theoretical Studies of the Zir- ...... ML050550198 conium-Water Reaction,’’ L. Baker and L.C. Just, ANL–6548 (May 1962). PWR FLECHT (Full Length Emergency Cooling Heat Transfer) Final Report,’’ April 1971 ...... ML052230221 Zirconium Metal-Water Oxidation Kinetics IV. Reaction Rate Studies,’’ ORNL/NUREG–17, August 1977...... ML052230079

FOR FURTHER INFORMATION CONTACT: (67 FR 51783). The notice of receipt Commission’s regulations, (2) amending Timothy A. Reed, Office of Nuclear requested comment on two questions: Regulatory Guide (RG) 1.157, and (3) the Reactor Regulation, U.S. Nuclear (1) Are the petitioner’s three concerns need for further analysis of the 10 CFR Regulatory Commission, Washington, about ECCS cooling valid, and if so, do Part 50, Appendix K, backup data. DC 20555–0001, telephone (301) 415– these concerns constitute a significant Issue 1: Amending Appendix K to Part 1462, e-mail [email protected]. safety concern? (2) Are there actions 50 SUPPLEMENTARY INFORMATION: available to the Commission other than rulemaking that would effectively The petitioner describes at length Background address the concerns raised by the alleged technical deficiencies in The petition for rulemaking petitioner? Appendix K Section I.A.5, ‘‘Metal-Water designated PRM–50–76 was received by The Petition Reaction Rate.’’ The petitioner claims the NRC on May 1, 2002. A notice of that Section I.A.5 does not accurately receipt of the petition and request for The petition, PRM–50–76, covers describe the extent of zirconium-water public comment was published in the three broad issues: (1) Amending reactions that may occur during a Federal Register (FR) on August 9, 2002 Appendix K to Part 50 of the LOCA. The petitioner states that the

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Baker-Just equation, which is used to • Zircaloy-4 specimens exposed only WCAP–7665 (‘‘PWR FLECHT (Full calculate the metal-water reaction in to steam, rather than fluid conditions as Length Emergency Cooling Heat assessing ECCS performance, does not present in a LOCA. Transfer) Final Report, Westinghouse include any allowance for the complex • No documented heat transfer from Report WCAP–7665, April 1971’’), are thermal-hydraulic conditions during a the Zircaloy surface to the slow-flowing applicable to the calculation of the LOCA, including the potential for very steam. metal-water reaction and shows that the high bulk fluid temperatures within the • Small-scale laboratory testing Baker-Just equation (referenced in cooling channels of the zirconium-clad without conditions typical of the Section I.A.5 of Appendix K for fuel elements. complex thermal-hydraulic conditions calculating the metal-water reaction) is The petitioner cites the abstract of an that prevail during a LOCA. not conservative. The petitioner states Argonne National Laboratory (ANL) • An unexplained shift from the that the data in WCAP–7665, which report (ANL–6548 ‘‘Studies of Metal MaxiZWOK (testing apparatus for includes test run 9573, includes the Water Reactions at High Temperatures, investigations in the temperature range complex thermal-hydraulic conditions III. Experimental and Theoretical 1652 °F to 1832 °F) to the MiniZWOK and Zircaloy-water reactions that Studies of the Zirconium-Water (a different testing apparatus for characterize the reflood portion of the Reaction,’’ L. Baker and L.C. Just, May investigations in the temperature range LOCA transient. The petitioner states 1962) and disputes the conclusions 1832 °F to 2734 °F). that these conditions are not found in based on the petitioner’s opinion that The petitioner believes that the the narrow test procedures of ANL–6548 the tests discussed in ANL–6548 do not investigators’ conclusions include a or NUREG–17. accurately reflect the conditions present statement that ‘‘overlooks the very The petitioner states that a pertinent during a LOCA. The petitioner makes substantially greater mass transfer description of the complexities of the following points to support his coefficients that accompany the so- thermal-hydraulic conditions during views: called appropriate heat transfer reflood, including negative heat transfer • The bulk water temperature was no coefficients.’’ The petitioner concludes coefficients, is included in Section 3.2.3 greater than 315 °C (599 °F). that ‘‘it is those very substantially of WCAP–7665 and that this description • The volume of water within the test greater mass transfer coefficients that applies to data collected with FLECHT apparatus was substantially greater than led to the temperature overshoot of the bundles with stainless steel cladding. the volume of zirconium specimens, MaxiZWOK test at 1832 °F, and that The petitioner feels that another creating a vastly greater capacity to cool would have led to very substantially FLECHT Zircaloy bundle test, run 8874, the heated zirconium particles of the greater temperature overshoots and is also pertinent to issues raised in this Baker and Just experiment than would likely destruction of the Zircaloy tubing petition. exist under LOCA conditions. if MaxiZWOK had been operated over The petitioner cites Section 5.6 of • Zirconium specimens were exposed the temperature range of the MiniZWOK WCAP–7665 and finds statements to water only, while LOCA conditions runs.’’ comparing Zircaloy to stainless steel to include steam and nonequilibrium The petitioner contends that the be misleading because they imply that water-steam mixtures that reached NUREG–17 investigators do not warrant stainless steel heat transfer coefficients higher bulk fluid temperatures. their work, and specifically assume no may be used as a conservative • A footnote in ANL–6548 states: responsibility for the accuracy of their representation of Zircaloy behavior. The ‘‘This discussion is of a preliminary work, and therefore, that NUREG–17 is petitioner believes that the differences nature: work in this area is continuing.’’ not applicable to the regulation of in behavior for various test runs are Based on this footnote, the petitioner nuclear power reactors in the United explained by the differences in the concludes that it is not appropriate to States of America. To support this thermal-hydraulic conditions leading to apply the Baker-Just equation as contention, the petitioner cites the a different combination of heat transfer prescribed in Appendix K Section I.A.5 following statement on the introductory and mass transfer factors, and are not for the calculation of energy release page of NUREG–17: This report was due to inconsistency of the data, as rates, hydrogen generation, and prepared as an account of work implied by the report. cladding oxidation from the metal-water sponsored by the United States The petitioner also finds WCAP–7665, reaction. Government. Neither the United States Section 5.11, ‘‘Materials Evaluation,’’ to nor the Energy Research and be misleading in view of the total Issue 2: Amending Regulatory Guide Development Administration/United experience with FLECHT run 9573. 1.157 States Nuclear Regulatory Commission, Finally, the petitioner notes that the The petitioner states that RG 1.157, nor any of their employees, nor any of same warning language used in which allows use of data from NUREG– their contractors, subcontractors, or NUREG–17 is on the cover page of 17 (ORNL/NUREG–17, ‘‘Zirconium their employees, makes any warranty, WCAP–7665. Metal-Water Oxidation Kinetics IV, express or implied, or assumes any legal The petitioner further identifies Reaction Rate Studies,’’ by Cathcart et liability or responsibility for the several aspects of the data supporting al., August 1977) for calculating energy accuracy, completeness or usefulness of the document entitled ‘‘Acceptance release rates, hydrogen generation, and any information, apparatus, product or Criteria for Emergency Core Cooling cladding oxidation for cladding process disclosed, or represents that its Systems for Light-Water Cooled Nuclear temperatures greater than 1900 °F, use would not infringe privately owned Reactors-Opinion of the Commission,’’ results in flawed ECCS performance rights.’’ (Docket No. RM50–1, December 28, evaluations. The petitioner claims the 1973) and notes the Commission NUREG–17 data is based on very Issue 3: Need for Further Analysis of concluded: ‘‘It is apparent, however, limited test conditions and Appendix K Backup Data that more experiments with Zircaloy consequently the results should not be The petitioner states that the results of cladding are needed to overcome the used for evaluating LOCA conditions. Zircaloy bundle test no. 9573, which impression left from run 9573.’’ The In support of this contention, the was a test done for the Full Length petitioner finds that there has been a petitioner describes the following test Emergency Cooling Heat Transfer lack of appropriate response to the conditions: (FLECHT) tests and documented in Commission’s expressed wish for more

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experiments, and believes that at the commented that runaway oxidation is no new issues. On December 14, 2002, very least, run 9573 should have been prevented by the 2200 °F peak cladding the petitioner responded to repeated. The petitioner emphasizes temperature limit. Additionally, Westinghouse and NEI comments by that although at least $1 billion had Westinghouse commented that the discussing runaway oxidation in the been expended on other analytical Baker-Just correlation is known to be WCAP–12610 report and severe fouling efforts, there has been no reported conservative, over-predicting the of fuel cladding during a LOCA. The analysis of FLECHT run 9573. zirconium-water reaction by as much as petitioner stated that no allowance for The petitioner states that the test 30 percent at the limiting temperature higher temperatures due to fouling was programs discussed in the petition were (2200 °F). Westinghouse stated that the made in run 9573, and repeated his funded by Government agencies. He conditions of FLECHT run 9573 (high request for more experiments with believes that most of the programs were power and high initial temperatures) Zircaloy cladding. firmly controlled by those ‘‘who were were extremely severe, intentionally NRC Requirements for ECCS indoctrinated in the methods of the beyond design basis for ECCS Evaluations tightly regimented Naval Reactors performance. Westinghouse stated that Program.’’ The petitioner finds that the the Cathcart-Pawel tests had adequate Section 50.46 specifies the ‘‘biased reporting of WCAP–7665 may steam flow so that the zirconium-water performance criteria against which the be traced to these controls’’ and believes reaction rate was not limited by the ECCS must be evaluated. The criteria that ‘‘the lack of application of the availability of steam, and as a result, the include the maximum peak cladding MaxiZWOK apparatus beyond 1832 °F tests were valid. Westinghouse temperature, the maximum cladding in NUREG–17 may likely be traced to commented that differences between oxidation thickness, the maximum total rigid restrictions by management at the ECCS test conditions and reactor core hydrogen generation, and requirements NRC.’’ The petitioner further contends fluid conditions during postulated to assure a coolable core geometry and that while the Argonne work in ANL– LOCAs do not prevent the current abundant long-term cooling. This 6548 was likely less impacted by these zirconium-water reaction database from regulation also states that the ECCS controls, the controls likely did inhibit being applicable to ECCS analysis. cooling performance following further analysis or reporting of FLECHT By letter dated October 25, 2002, the postulated LOCAs must be calculated in run 9573. Nuclear Energy Institute (NEI) accordance with either a realistic (also The petitioner notes that he has made submitted comments supporting the called a best-estimate) evaluation model several requests to the Knolls Atomic Westinghouse comments, stating that that accounts for uncertainty or a Power Laboratory for report KAPL–1534 extensive testing and analysis by the conservative evaluation model that and that his requests have been ignored. nuclear industry and national conforms with the required features of appendix K to 10 CFR part 50. If a Public Comments on the Petition laboratories indicate that the Cathcart- Pawel correlation test is conservative. licensee elects to calculate ECCS Six letters of public comment were The NRC notes that the Cathcart-Pawel performance using an Appendix K received on the petition in response to correlation is intended to be a best evaluation model, then one important the request for public comment. Three estimate, and is not intended to feature of that model is the way the of these letters were from the petitioner. conservatively bound metal-water metal-water reaction is calculated. For These letters are summarized below. reaction rates. NEI commented that the this calculation, Appendix K prescribes By letter dated September 11, 2002, test run, FLECHT 9573, was the use of the Baker-Just equation from the petitioner provided comments that intentionally performed under very ANL report ANL–6548 (L. Baker, L.C. did not raise new issues. The petitioner severe, beyond design-basis conditions, Just, ‘‘Studies of Metal Water Reactions stated that the Baker-Just equation and that post-test evaluations showed at High Temperatures, III. Experimental the Cathcart-Pawel equation in NUREG– oxidation was within the expected and Theoretical Studies of the 17 have been grossly misapplied by the range, and that runaway oxidation did Zirconium-Water Reaction’’ May 1962). NRC. According to him, it is not occur until the cladding temperature The metal-water reaction, which is fundamentally important that the was well beyond 2300 °F. NEI further predicted to occur during the LOCA and determinations of LOCA transient commented that the petitioner’s which is calculated using the Baker-Just chemical kinetics include the geometry concerns do not constitute a significant equation, is the subject of much of this of the stationary Zircaloy reactant in safety concern and thus, there is no petition. The Baker-Just equation combination with the thermal-hydraulic need to revise Appendix K to Part 50 or calculates a conservative rate of conditions of the flowing water/steam RG 1.157. hydrogen generation and fuel cladding reactant. In addition, he repeated in his By letter dated November 6, 2002, oxidation during the LOCA transient. letter that there are deficiencies in RG Strategic Teaming and Resource Sharing Additionally, for licensees electing to 1.157, since it references documents (STARS), a group of six utilities, use best-estimate calculations to such as NUREG–17 that do not consider submitted comments opposing the evaluate ECCS performance, NRC RG the complex thermal-hydraulic petition. These comments stated that 1.157 provides guidance for such conditions during LOCAs, including the within the range of test parameters evaluations. RG 1.157 allows the use of potential for very high fluid applicable to ECCS evaluation models, data from NUREG–17 for the calculation temperatures. The petitioner also stated as specified in Appendix K and RG of the metal-water reaction. that the Commission should provide a 1.157, the regulations and guidance are rational basis for regulation of ECCS valid and conservative. STARS notes NRC Technical Evaluation performance and perform additional that all of the data referenced in the The NRC reviewed the petitioner’s experiments with Zircaloy cladding due petition was either available to the request and concluded that none of the to the cladding failure reported in Commission and industry when the issues raised by the petitioner justified Westinghouse report WCAP–7665. regulations and guidance were created the initiation of rulemaking. The NRC’s By letter dated October 23, 2002, or was assessed later when the test response to the technical issues raised Westinghouse Electric Company information became available. in PRM–50–76 is based largely on a submitted comments that opposed the On November 22, 2002, the petitioner technical study by the Office of Nuclear proposed changes. Westinghouse submitted a reply to STARS but raised Regulatory Research (RES) ‘‘Technical

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Safety Analysis of PRM–50–76, A ML041210109). The comparisons show equation to be conservative. A Petition for Rulemaking To Amend the conservatism of the Baker-Just significant example of this conservatism appendix K to 10 CFR part 50 and correlation in the temperature range is discussed under Issue 3. Regulatory Guide 1.157.’’ The NRC’s important for clad oxidation In summary, the NRC found no responses to the petitioner’s issues are calculations for LOCAs. In the technical basis in the petition or in NRC as follows: discussion of Issue 3, comparisons of records for the assertion that the NRC the Baker-Just correlation to relevant requirement to use the Baker-Just Issue 1: Amending Appendix K to Part data demonstrate the substantial equation, along with other requirements 50 conservatism of the Baker-Just of Appendix K, is flawed and is a The petitioner claims that the correlation. The petitioner expresses significant safety concern. requirement to use the Baker-Just concern about the low water equation in Section I.A.5 of Appendix K ° Issue 2: Amending Regulatory Guide temperature (no greater than 599 F) in 1.157 to 10 CFR Part 50, does not accurately the Baker-Just experiments. This describe the extent of zirconium-water temperature corresponds to the The petitioner stated that RG 1.157, reaction that may occur during a LOCA. saturation temperature at 1530 psia, which allows use of the data and the He states that the Baker-Just equation which was the pressure for that Cathcart-Pawel equation presented in does not include any allowance for the particular experiment. While a few NUREG–17, results in flawed complex thermal-hydraulic conditions degrees of liquid superheat may be evaluations of ECCS performance. The during a LOCA. The NRC disagrees with possible under LOCA/ECCS conditions, NRC disagrees with the petitioner’s the petitioner’s assertions. the degree of nonequilibrium required assertions on this issue. In Section 3.2 In Section 3.1 of the petition, the for higher liquid or ‘‘bulk’’ temperatures of the petition, the petitioner states that petitioner discusses the inapplicability postulated by the petitioner is not the limited test conditions described in of the Baker-Just equation for possible. NUREG–17 preclude the use of the calculating zirconium-water reaction The petitioner is also concerned about results for LOCA calculations. He rates during a LOCA. The NRC notes the large water volume compared to the further states that Zircaloy-4 specimens that it is important to distinguish zirconium sample size with respect to were not exposed to LOCA fluid between the experiments performed by the quench capability of zirconium-clad conditions and that only steam was Baker and Just, and the equation fuel rods. As noted, these experiments applied at very low velocities for the developed by them and adopted in were atypical in that respect, but barely main test series. The petitioner states Appendix K to Part 50. Experiments run used in the formulation of the Baker-Just that there was no documented heat with 40–60 mil wires at temperatures at, correlation. Further, it should be noted transfer from the Zircaloy surface to the or near, the zirconium melting point that the Baker-Just report was not slow-flowing steam and that as a result (3400 °F) for one or two seconds are not intended to be a heat transfer study, but the conditions of the small-scale typical of fuel rod cladding at rather an investigation of zirconium- laboratory tests were not typical of the temperatures in the range of 1800 °F– water reaction kinetics at very high complex thermal-hydraulic conditions 2200 °F for 50 to 400 seconds that are temperatures. that prevail during a LOCA. postulated to occur in a design basis One interesting feature of the Baker- The petitioner suggests that without LOCA. In the Baker-Just report, only one Just report is the heat and mass transfer liquid water, the tests are invalid. The data point from their experiments (at analysis of an example case analyzed to NRC disagrees. The presence of liquid 3366 °F) is used in developing the examine the processes limiting the water would invalidate the tests. Baker-Just equation. This one data point reaction rate. In this severe case, a 0.21 Accurate steady-flow measurement was used to anchor the Baker-Just cm zirconium sphere at its melting would be extremely difficult. The equation at the melting point of point was dropped into water. Baker droplets or liquid film would make it zirconium. The remaining data from andJust were concerned that the difficult to achieve the relatively Bostrum (‘‘The High Temperature reaction could be limited by gas phase constant sample temperatures that are Oxidation of Zircaloy in Water,’’ W. A. diffusion of steam through a film of necessary in these reaction kinetics Bostrum, WAPD–104 March 1954) and steam and hydrogen. This appears to be tests. However, adequate steam flow is Lemmon (‘‘Studies Relating to the similar to the petitioner’s concern. As a concern. If the flow is too low, the Reaction Between Zirconium and Water explained in the Baker-Just report, water reaction becomes steam starved. at High Temperatures,’’ A. W. Lemmon, cannot stay in contact with the hot Otherwise, it is unnecessary to have Jr., BMI–1154, January 1957), at more metal and a vapor film immediately steam flow typical of LOCA/ECCS relevant zirconium cladding conditions, forms around the sphere. Figure 15 in conditions. These are not heat transfer were used by Baker and Just in the that report shows that vapor phase tests. Once a reaction rate model is derivation of their equation. The use of diffusion is the limiting steam transport developed using data from experiments the single data point at the melting process for less than 0.2 seconds, during like these, the model should be temperature makes the Baker-Just which a slight film of oxide is forming validated against transient tests under equation very conservative. At the time on the surface of the sphere. After that, LOCA conditions, as in the four of the promulgation of § 50.46, the the parabolic rate equation, (e.g., the Zircaloy tests described in WCAP–7665 Commission expected the NRC staff to Baker-Just equation) becomes limiting. and the transient tests described in the obtain new and better zirconium-water The figure also shows that the gas phase Cathcart-Pawel report. reaction data. The petitioner also diffusion is far less temperature- Calculations were performed to assure expressed concerns about the need for sensitive than the parabolic rate law. that there was adequate steam flow for additional data. The substantial work of Certainly at lower temperatures more the MiniZWOK experiments used to Cathcart and Pawel was performed for typical of a LOCA, the parabolic law is derive the Cathcart-Pawel correlation in the NRC in response to the even more limiting than gas phase NUREG–17. These calculations are Commission’s expectation. diffusion as long as the reaction is not described in the RES technical study. The NRC compares the Baker-Just steam starved. An important argument for the correlation to other correlations in a Comparison of the Baker-Just equation absence of steam starvation is how the technical study (ADAMS accession to numerous data sets has shown the isothermal Cathcart-Pawel experiments

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described in NUREG–17 give consistent that this kind of heat transfer and power overcome the impression left from run results that support the parabolic/ behavior was universal for all tests done 9573.’’ The petitioner claims that such Arrhenius behavior. This is also under design basis conditions, and as a experiments have not been performed discussed in the RES technical study. result, these heat transfer tests did not and are necessary. The NRC disagrees. Much of the petitioner’s criticism of exhibit isothermal cladding temperature Run 9573 refers to one of four the Cathcart-Pawel work is related to a behavior. Zircaloy clad FLECHT experiments comparison of MiniZWOK and The petitioner implies that Cathcart performed in 1969 and reported in MaxiZWOK experimental conditions. and Pawel’s statement, that scoping WCAP–7665. The ‘‘impression’’ referred MiniZWOK was used to develop a tests on the effect of steam pressure to by the AEC Commissioners in 1973 consistent set of data for correlation were in progress, is an admission of appears to be the fact that run 9573 development. Controlling sample inapplicability of their work. On the indicates lower ‘‘measured’’ heat temperature by adjusting heater power contrary, the scoping work was transfer coefficients than the other three (MiniZWOK) was much more successful completed and subsequent work by Zircaloy clad tests reported in WCAP– than adjusting steam flow (MaxiZWOK). others has been undertaken to examine 7665 when compared to the equivalent As the petitioner notes, temperature pressure effects. The petitioner’s notion stainless steel tests. This is not a overshoot was a problem with that the authors’ statement about concern about the zirconium-water MaxiZWOK and at high temperatures ongoing work applies to very low steam reaction models. The AEC could have led to temperature runaway. velocities is also unsupported. Commissioners believed that this As noted previously, temperature Work in this area did not end in 1977. anomaly could be cleared up with more control is absolutely necessary in The NRC, foreign partners, and the experiments on Zircaloy cladding. Some reaction kinetics experiments such as industry have continued to conduct and of the anomaly can probably be these. The petitioner implies that the evaluate experimental and analytical explained by a deficiency in the data experimenters abandoned MaxiZWOK programs on fuel cladding behavior. As reduction process. As will be discussed in favor of MiniZWOK. Actually, the in the case with many other research later, additional Zircaloy clad tests were isothermal MiniZWOK experiments activities and their link to the agency’s performed in the 1980s. were essentially complete before the regulatory framework, an important Regarding the data reduction process, MaxiZWOK experiments were begun. objective of this work is the heat transfer coefficients are not directly Results from MaxiZWOK between 1652 confirmation of current § 50.46 criteria measurable quantities. They must be °F and 1832 °F agreed well with and models and the development of calculated from measured temperatures, MiniZWOK data at the same more realistic, performance-based, and known heat sources, and known thermal temperatures. Cathcart and Pawel state contemporary criteria and models. An properties. WCAP–7665 describes the heat transfer data reduction process that: important link to the current work is the extensive research reported by Cathcart using the DATAR code. For these The very good agreement between these and Pawel. experiments, the decay heat simulation two data sets is regarded as evidence that The NRC disagrees with the was well known, as was the time of steam flow rate and steam insertion petitioner’s assertion that the disclaimer heater failure. However, the heat source, temperature do not affect significantly the kinetics of the steam oxidation of Zircaloy, at in the introduction to NUREG–17 causes due to the zirconium-water reaction, least in this temperature range. the technical work to be inapplicable to had to be estimated in some way. The reactor regulation. The disclaimer Baker-Just correlation was used for that Certainly, with steam velocities at protects the United States Government purpose. Because of its conservatism, least an order of magnitude greater in from potential litigation. It is not the Baker-Just correlation overestimates MaxiZWOK than MiniZWOK, the intended to discredit the technical the amount of reaction and the potential for more rapid gas phase validity of the work documented in associated heat generation rate. At 21 diffusion of steam to the sample surface NUREG–17. As such, the disclaimer is locations on 19 rods among the four ‘‘mass transfer’’ is greater for irrelevant to whether the NUREG–17 Zircaloy tests, post-test oxide thickness MaxiZWOK. But clearly this is not the work is an adequate basis for reactor measurements were made. limiting phenomenon. This was regulation. That is a question that Westinghouse applied the Baker-Just demonstrated by the good agreement should be decided solely on the correlation to each temperature between MiniZWOK and MaxiZWOK technical merits of the work. transient measured at or very near to data and the good agreement of The NRC found no technical basis in each oxide thickness measurement. The MiniZWOK data to parabolic/Arrhenius the petition nor in NRC records to comparison between predicted and behavior. There is no evidence to support the assertion that the Regulatory measured oxide thickness was suggest that high ‘‘mass transfer Guide 1.157 conditions for acceptance presented in Figure B–12 of WCAP– coefficients’’ in MaxiZWOK caused of the use of ORNL/NUREG–17 7665. The Baker-Just calculated oxide temperature overshoot in MaxiZWOK at information result in flawed evaluation thickness is about 1.6 times the 1832°F, as the petitioner proposes. It is of ECCS performance. measured value. Thus for this data set, true, as the petitioner suggests, that ‘‘[i]t the Baker-Just correlation overpredicts is not possible to achieve an isothermal Issue 3: Need for Further Analysis of the data by about 60 percent, which is rate of oxidation of Zircaloy-4 if the Appendix K Backup Data quite conservative. Zircaloy-4 is exposed to LOCA fluid In Section 3.4 of his petition, the The NRC obtained tabular time/ conditions at elevated conditions,’’ but petitioner quotes from the AEC decision temperature data from Westinghouse for not for the reasons postulated by the on the ECCS rulemaking [See 19 of the 21 locations analyzed by petitioner. Rather, large-break LOCA Rulemaking Hearing, Acceptance Westinghouse for the four Zircaloy reflood conditions are characterized by Criteria for Emergency Core Cooling FLECHT tests. The Baker-Just constantly decreasing power (decay Systems for Light-Water Cooled Nuclear correlation was applied to these 19 data heat) and increasing heat transfer Power Reactors, RM–50–1, CLI–73–39, sets as a check on the analysis in coefficients after a few seconds. Under 6AEC1085, at 1124]: ‘‘It is apparent, WCAP–7665. The RES technical study these conditions, isothermal conditions however, that more experiments with clearly demonstrates that the analysis in are impossible. WCAP–7665 showed Zircaloy cladding are needed to WCAP–7665 is correct and that the

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Baker-Just correlation is conservative Atomic Energy Commission (AEC), Part 50 and the existing guidance on even under the severe conditions of run Westinghouse, and Electric Power best-estimate ECCS evaluation models 9573. Research Institute (EPRI), cooperatively are adequate to assess ECCS The petitioner asserts that a detailed developed the PWR FLECHT program. performance for U.S. light water reactors thermal-hydraulic analysis of run 9573, The principal objective was to (LWRs) using Zircaloy-clad UO2 at including evaluation of the heating from determine reflood heat transfer burnup levels currently permitted by Zircaloy-water reactions, was never coefficients as a function of key initial regulations. This general conclusion is performed. Contrary to that assertion, and boundary conditions, rod elevation, based on the following considerations: not only was an evaluation of the and time after the beginning of reflood The Baker-Just correlation using the heating from Zircaloy-water reaction and to develop empirical correlations current range of parameter inputs is performed for run 9573, it was done for based on that dependency. As long as a conservative and adequate to assess all four Zircaloy tests. Unfortunately, sufficiently large matrix of tests was Appendix K ECCS performance. using the conservative Baker-Just performed with full-scale rod bundles, Virtually every data set published since correlation to estimate the zirconium- there was no great need for a the Baker-Just correlation was water heat release results is an comprehensive mechanistic developed has clearly demonstrated the overestimation of the derived heat understanding. The key parameters conservatism of the correlation for the transfer coefficients. Thirty-five years were: temperature range important to clad later, it would be difficult to replicate A. Pressure oxidation calculations for LOCAs. The parabolic/Arrhenius behavior of the DATAR code, substitute a better B. Peak power the Cathcart-Pawel isothermal metal-water model, and re-derive the C. Decay power experiments confirmed that there was heat transfer coefficients. The difficulty D. Flooding rate adequate availability of steam. An NRC would be in addition to the significant E. Inlet subcooling analysis confirms the ORNL/ANL monetary expense of conducting high- F. Initial temperature assessment that the Cathcart-Pawel temperature Zircaloy tests and would G. Bundle size isothermal experiments were not steam have marginal benefit in terms of H. Cladding material starved by at least two orders of increased understanding of large-break I. Housing temperature LOCA heat transfer and metal-water magnitude. Therefore, the experimental reaction kinetics. The current programs When nuclear plant behavior and data is valid. being conducted at Pennsylvania State design conditions are outside the NRC has continued to study complex University and Argonne National envelope defined by these test thermal hydraulic effects on ECCS heat Laboratory are far more cost-effective. parameters or the design of the transfer processes during LOCA High-temperature tests similar to run experimental system, there is no basis accident conditions consistent with 9573 would require rod bundle powers for extrapolation, since the derived heat Commission direction. As part of that well outside the range of operation of transfer models are not necessarily initiative, the NRC funded more than 50 any current or proposed pressurized based on the physical models governing Zircaloy-clad nuclear fueled bundle water reactors (PWRs) and would the reflood heat transfer processes. For reflood experiments at the NRU reactor. produce very little useful heat transfer the very empirical process used in the These experiments evaluated fuel rod information. Therefore, the NRC does early FLECHT experiments, limited and heat transfer behavior but did not not believe that such tests are necessary. effort was expended obtaining data include metallurgical examination to The petitioner states that more needed for development of mechanistic evaluate oxidation behavior. The NRC is experiments with Zircaloy cladding physical models. It would have been continuing to conduct and evaluate have not been conducted on the scale impractical to obtain sufficient Zircaloy experimental and analytical programs necessary to overcome the impression heat transfer coefficient data for the on fuel cladding behavior. left from run 9573. The NRC disagrees. empirical process used with the early The petitioner did not take into In fact additional Zircaloy tests have FLECHT experiments. account Westinghouse’s metallurgical been performed. In the early 1980s, the As the FLECHT program and other analyses performed on the cladding for NRC contracted with National Research rod bundle reflood heat transfer all four FLECHT Zircaloy-clad Universal (NRU) at Chalk River, programs have progressed over the last experiments reported in WCAP–7665. Ontario, Canada to run a series of LOCA 30 years, more information appropriate The petitioner also ignored the tests in the NRU reactor. More than 50 for mechanistic model development has Westinghouse application of the Baker- tests were conducted to evaluate the been obtained. As better mechanistic Just correlation to these experiments, thermal-hydraulic and mechanical models are developed, careful which had the ‘‘complex thermal deformation behavior of a full-length 32- extrapolation has a better chance of hydraulic phenomena’’ deemed rod nuclear bundle during the heatup, success, and the role of experiments like important by the petitioner. This reflood, and quench phases of a large- FLECHT has shifted from model application of the correlation to the break LOCA. The NRC is reviewing the development to developmental metallurgical data clearly demonstrates data from this program to determine its assessment. In fact, many of the the conservatism of the Baker-Just value for assessing the current FLECHT-SEASET experiments are used correlation for 21 typical temperature generation of codes such as TRAC-M to assess the new code models. As transients. The NRC also applied the (now renamed TRACE). mentioned previously, the NRC is Baker-Just correlation to the FLECHT In assessing the need for further reviewing the NRU Zircaloy-clad Zircaloy experiments with nearly experiments like the Zircaloy-clad nuclear fuel bundle test results to identical results, confirming the WCAP– FLECHT tests, it is important to establish their value for further code 7665 results. understand the past and current role of assessment. For the development of oxidation rod bundle reflood heat transfer tests. In correlations, limited by oxygen the late 1960s, a mechanistic Conclusions diffusion into the metal, well- understanding of reflood heat transfer The NRC investigated each of the characterized isothermal tests are more did not exist. To develop heat transfer petitioner’s key concerns. The NRC important than the complex thermal models as expeditiously as possible, the concludes that Appendix K of 10 CFR hydraulics suggested by the petitioner.

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The petitioner’s suggested use of used to support ECCS performance leak in the wing fuel tank or collapse of complex thermal-hydraulic conditions evaluations were sufficiently flawed so the MLG. would be counter-productive in reaction as to create significant safety problems. DATES: This AD becomes effective kinetics tests because temperature NRC’s technical safety analysis October 11, 2005. control is required to develop a demonstrates that current procedures The incorporation by reference of consistent set of data for correlation for evaluating performance of ECCS are certain publications listed in the AD is development. Isothermal tests allow this based on sound science and that no approved by the Director of the Federal needed temperature control. It is more amendments to the NRC’s regulations Register as of October 11, 2005. appropriate to apply the developed and guidance documents are necessary. ADDRESSES: For service information correlations to more prototypic Additionally, the petitioner has not identified in this AD, contact Boeing transients (including complex thermal shown, nor has the NRC found, the Commercial Airplanes, P.O. Box 3707, hydraulic conditions) to verify that the existence of any safety issues regarding Seattle, Washington 98124–2207. proposed phenomena embodied in the calculation methods or data used to Docket: The AD docket contains the correlations are indeed limiting. This is support ECCS performance evaluations proposed AD, comments, and any final what was done by Westinghouse in that would compromise the secure use disposition. You can examine the AD WCAP–7665, by Cathcart and Pawel in of licensed radioactive material. The docket on the Internet at http:// NUREG–17 and by the NRC in its proposed revisions would not improve dms.dot.gov, or in person at the Docket technical safety analysis of PRM–50–76. efficiency, effectiveness, and realism Management Facility office between 9 The NRC applied the Cathcart-Pawel because licensees and the NRC would a.m. and 5 p.m., Monday through oxygen uptake and ZrO2 thickness be required to generate additional Friday, except Federal holidays. The equations to the four FLECHT Zircaloy information (as part of the evaluation of Docket Management Facility office experiments, confirming the best- ECCS performance) that has no safety (telephone (800) 647–5227) is located on estimate behavior of the Cathcart-Pawel value and does not significantly the plaza level of the Nassif Building at equations for large-break LOCA reflood improve realism. the U.S. Department of Transportation, transients. Dated at Rockville, Maryland, this 26th day 400 Seventh Street, SW., room PL–401, Cathcart and Pawel applied their Washington, DC. This docket number is oxide thickness equation, using the of August, 2005. For the Nuclear Regulatory Commission. FAA–2004–18877; the directorate BILD5 program, to 15 of their transient identifier for this docket is 2002–NM– Annette L. Vietti-Cook, temperature experiments as described in 340–AD. Secretary of the Commission. ORNL/NUREG–17. The results showed FOR FURTHER INFORMATION CONTACT: that the correlation, based on numerous [FR Doc. 05–17589 Filed 9–2–05; 8:45 am] Robert C. Hardwick, Aerospace isothermal experiments, was BILLING CODE 7590–01–P Engineer, Airframe Branch, ANM–120S, conservative or best-estimate when FAA, Seattle Aircraft Certification applied to this transient data set. Office, 1601 Lind Avenue, SW., Renton, Petitioner’s Public Comments DEPARTMENT OF TRANSPORTATION Washington 98055–4056; telephone (425) 917–6457; fax (425) 917–6590. The petitioner submitted two public Federal Aviation Administration comment letters in which he again SUPPLEMENTARY INFORMATION: The FAA asserted that the Baker-Just and 14 CFR Part 39 proposed to amend 14 CFR part 39 with Cathcart-Pawel equations are grossly an AD for certain Boeing Model 737– [Docket No. FAA–2004–18877; Directorate misapplied by the NRC. The first 100, –200, –200C, and –300 series Identifier 2002–NM–340–AD; Amendment airplanes. That action, published in the comment letter basically repeated the 39–14248; AD 2005–18–08] arguments in the petition. No new Federal Register on August 17, 2004 (69 technical information was supplied. The RIN 2120–AA64 FR 51017), proposed to require second comment letter introduced the repetitive detailed inspections to detect Airworthiness Directives; Boeing discrepancies of the retaining pin lugs issue of severe fouling, which was the Model 737–100, –200, –200C, and –300 on the support fitting of the main subject of PRM–50–78 and addressed by Series Airplanes landing gear (MLG) beam, and rework of the staff’s evaluation of that petition for the support fitting or replacement of the rulemaking. Other issues addressed in AGENCY: Federal Aviation fitting if necessary. the second letter are related to the issues Administration (FAA), Department of already discussed in this document, and Transportation (DOT). Comments therefore, no further response is ACTION: Final rule. We provided the public the necessary. opportunity to participate in the SUMMARY: The FAA is adopting a new development of this AD. We have Reasons for Denial airworthiness directive (AD) for certain considered the comments that have For the reasons cited in this Boeing Model 737–100, –200, –200C, been submitted on the proposed AD. document, the Commission is denying and –300 series airplanes. This AD the petition for rulemaking (PRM–50– requires repetitive detailed inspections Agreement With the Proposed AD 76) submitted by Mr. Robert Leyse. The to detect discrepancies of the retaining One commenter, the manufacturer, NRC believes that the requested pin lugs on the support fitting of the agrees with the proposed AD. rulemaking would not make a main landing gear (MLG) beam, and significant contribution to maintaining rework of the support fitting, or Conditional Agreement With the safety because current regulations and replacement of the fitting if necessary. Proposed AD regulatory guidance already adequately This AD is prompted by reports of One commenter, an operator, agrees address the evaluation of performance discrepancies of the lugs. We are issuing with the proposed AD provided that of the ECCS. No data or evidence was this AD to prevent separation of the there are adequate parts available if the provided by the petitioner or found in support beam of the MLG from the rear discrepant condition is found. NRC records to suggest that the spar, which could cause cracking of the The FAA agrees that adequate research, calculation methods, or data MLG support fitting and a consequent availability of parts is necessary. We

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have received no information from the We agree with the commenter for the burden on any operator nor increase the manufacturer concerning a possible reason stated and have revised scope of the AD. delay in availability of parts. In the paragraph (g)(2) of the AD accordingly. Costs of Compliance event there is a delay in the availability Request To Clarify Paragraph (j) of the There are about 1,670 airplanes of parts, an operator may request Proposed AD approval for an alternative method of worldwide of the affected design and compliance as specified in paragraph One commenter, an operator, requests 668 airplanes of U.S. registry. The (k)(1) of this AD. that the fittings acceptable for required actions take about 2 work installation be stated in a more definite hours per airplane, at an average labor Request for Clarification of Paragraph manner than ‘‘a new lug.’’ The rate of $65 per work hour. Based on (g) of the Proposed AD commenter suggests that paragraph (j) of these figures, the estimated cost of the the proposed AD be revised to specify required actions for U.S. operators is One commenter, an operator, requests a part number or serial number, rather additional information and clarification $86,840, or $130 per airplane, per than just ‘‘a new lug.’’ The commenter inspection cycle. regarding the reference in paragraph also requests that the inspection and (g)(2) of the proposed AD to replacing The rework, if accomplished, will rework instructions of paragraph (j) of take about 24 work hours per airplane the fittings in accordance with the the proposed AD be more specific. Accomplishment Instructions, Part III— to accomplish at an average labor rate of We agree that clarifying the intent of $65 per work hour. Required parts will Fitting Replacement, of Boeing Service the words ‘‘new lug’’ is necessary. Bulletin 737–57–1216, Revision 2, dated cost about $1,006 per airplane. Based on Although the inspection requirements of these figures, the cost impact of the May 6, 1999. The commenter notes that, this AD are intended to detect cracking in certain situations, those rework provided by this AD is estimated of ‘‘the retaining pin lugs of the support to be $2,566 per airplane. Accomplishment Instructions instruct fitting of the MLG, or elongation of a The replacement of the support fitting the operator to install a self-locking nut bolt hole in a lug,’’ the corrective of the MLG beam, if accomplished, will to secure the support pin of the MLG actions of paragraph (g) of this AD take about 128 work hours per airplane support beam. However, the commenter require reworking or replacing the to accomplish at an average labor rate of advises that installing a self-locking nut fittings. We specify reworking or $65 per work hour. Required parts will would be in conflict with AD 2002–02– replacing the fittings, rather than the cost between $4,540 and $5,271 per 08 (67 FR 6372, February 12, 2002). lugs, since the lugs are not available as airplane. Based on these figures, the cost individual replacement parts. The intent We agree that clarification of impact of the replacement provided by and purpose of paragraph (j) of this AD paragraph (g)(2) of the AD is necessary this AD is estimated to be between is to specify that any lug must be in order to prevent a conflict between $12,860 and $13,591 per airplane. inspected and the fitting reworked or the requirements of this AD and AD The replacement of the support fitting 2002–02–08. Therefore, we have added replaced, as applicable, except for those fittings that previously have been and installation of a special bushing of further information to paragraph (g)(2) the MLG beam (for Group 9 and Group of the AD to specify that, if operators reworked or replaced, in accordance with paragraph (g) of this AD. We have 10 airplanes), if accomplished, will take choose to accomplish the corrective about 144 work hours per airplane to action specified in paragraph (g)(2) of revised paragraph (j) of the AD accordingly. We do not, however, agree accomplish at an average labor rate of the AD, replacing the fitting in $65 per work hour. Required parts will accordance with the Accomplishment that the inspection and rework instructions of paragraph (j) of the AD cost about $5,081 per airplane. Based on Instructions, Part III—Fitting these figures, the cost impact of this Replacement, of Boeing Service Bulletin need to be more specific. The requirements of paragraph (j) of the AD replacement and installation is 737–57–1216, Revision 2, dated May 6, estimated to be $14,441 per airplane. 1999, must also include replacing the indicate multiple actions that are clearly retaining bolt, self-locking nut, and encompassed by stating ‘‘in accordance Authority for This Rulemaking with this AD,’’ rather than to specify associated hardware of the support Title 49 of the United States Code each action that has already been stated beam for the MLG with a new bolt, specifies the FAA’s authority to issue in previous paragraphs of the AD. castellated nut, and new hardware; in rules on aviation safety. Subtitle I, accordance with Boeing Service Bulletin Changes to Delegation Authority section 106, describes the authority of 737–57A1260, Revision 2, dated Boeing has received a Delegation the FAA Administrator. Subtitle VII, October 18, 2001. Option Authorization (DOA). We have Aviation Programs, describes in more Request for Credit for Accomplishing revised this final rule to delegate the detail the scope of the Agency’s Certain Service Bulletins authority to approve an alternative authority. method of compliance for any repair We are issuing this rulemaking under One commenter, an operator, requests required by this AD to the Authorized the authority described in subtitle VII, that the original issue, dated December Representative for the Boeing DOA part A, subpart III, section 44701, 17, 1992, and Revision 1, dated Organization rather than the Designated ‘‘General requirements.’’ Under that September 23, 1993, of Boeing Service Engineering Representative (DER). section, Congress charges the FAA with Bulletin 737–57–1216 be approved as promoting safe flight of civil aircraft in acceptable for terminating the Conclusion air commerce by prescribing regulations requirements of the proposed AD. The We have carefully reviewed the for practices, methods, and procedures commenter states that the original issue available data, including the comments the Administrator finds necessary for and Revision 1 provide procedures for that have been submitted, and safety in air commerce. This regulation replacing the fitting that are essentially determined that air safety and the is within the scope of that authority the same as those in Revision 2, which public interest require adopting the AD because it addresses an unsafe condition is cited as the appropriate service with the changes described previously. that is likely to exist or develop on information in paragraph (g)(2) of the We have determined that these changes products identified in this rulemaking proposed AD. will neither increase the economic action.

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Regulatory Findings We are issuing this AD to prevent separation this AD constitutes terminating action for the of the support beam of the MLG from the rear inspections required by paragraph (f) of this We have determined that this AD will spar, which could cause cracking of the MLG AD. not have federalism implications under support fitting and a consequent leak in the Executive Order 13132. This AD will wing fuel tank or collapse of the MLG. Repair not have a substantial direct effect on (i) If any cracking is found during any Compliance the States, on the relationship between inspection required by this AD, and the the national government and the States, (e) You are responsible for having the service bulletin specifies to contact Boeing or on the distribution of power and actions required by this AD performed within for appropriate action: Before further flight, the compliance times specified, unless the repair in accordance with a method approved responsibilities among the various actions have already been done. levels of government. by the Manager, Seattle Aircraft Certification For the reasons discussed above, I Inspection Office (ACO), FAA; or per data meeting the type certification basis of the airplane certify that this AD: (f) Prior to the accumulation of 15,000 total approved by an Authorized Representative (1) Is not a ‘‘significant regulatory flight cycles, or within 3,000 flight cycles (AR) for the Boeing DOA Organization who action’’ under Executive Order 12866; after the effective date of this AD, whichever occurs later: Perform a detailed inspection to has been authorized by the Manager, Seattle (2) Is not a ‘‘significant rule’’ under ACO, to make such findings. For a repair DOT Regulatory Policies and Procedures detect cracking of the retaining pin lugs of the support fitting of the MLG beam, or method to be approved, the approval must (44 FR 11034, February 26, 1979); and specifically reference this AD. (3) Will not have a significant elongation of a bolt hole in a lug, in accordance with the Accomplishment Parts Installation economic impact, positive or negative, Instructions, Part I: Inspection, of Boeing on a substantial number of small entities Special Attention Service Bulletin 737–57– (j) As of the effective date of this AD: With under the criteria of the Regulatory 1267, dated August 8, 2002. If no cracked lug the exception of a new support fitting of the Flexibility Act. or elongated bolt hole is found, repeat the MLG; (i.e., a fitting that has been reworked We prepared a regulatory evaluation inspection thereafter at intervals not to or replaced as required by paragraph (g) of of the estimated costs to comply with exceed 12,000 flight cycles, until the actions this AD), all retaining pin lugs of the support this AD. See the ADDRESSES section for specified in paragraph (h) of this AD are fitting, and bolt holes of the lugs must be a location to examine the regulatory accomplished. inspected in accordance with this AD before being installed on any airplane. evaluation. Note 1: For the purposes of this AD, a detailed inspection is ‘‘an intensive Alternative Methods of Compliance List of Subjects in 14 CFR Part 39 examination of a specific item, installation, (AMOCs) or assembly to detect damage, failure, or Air transportation, Aircraft, Aviation (k)(1) The Manager, Seattle ACO, FAA, has irregularity. Available lighting is normally safety, Incorporation by reference, the authority to approve AMOCs for this AD, supplemented with a direct source of good Safety. if requested in accordance with the lighting at an intensity deemed appropriate. procedures found in 14 CFR 39.19. Adoption of the Amendment Inspection aids such as mirrors magnifying lenses, etc. may be necessary. Surface (2) An AMOC that provides an acceptable I Accordingly, under the authority cleaning and elaborate procedures may be level of safety may be used for corrective delegated to me by the Administrator, required.’’ actions per data meeting the type the FAA amends 14 CFR part 39 as certification basis of the airplane approved follows: Corrective Action by a Boeing DOA Organization AR who has (g) If any cracked lug or elongated bolt hole been authorized by the Manager, Seattle, PART 39—AIRWORTHINESS is found during any inspection required by ACO, to make those findings. For a repair DIRECTIVES paragraph (f) of this AD, before further flight, method to be approved, the repair must meet do paragraph (g)(1) or (g)(2) of this AD. the certification basis of the airplane, and the I 1. The authority citation for part 39 (1) Rework the fitting in accordance with approval must specifically reference this AD. continues to read as follows: the Accomplishment Instructions, Part II: Material Incorporated by Reference Authority: 49 U.S.C. 106(g), 40113, 44701. Rework, of Boeing Special Attention Service Bulletin 737–57–1267, dated August 8, 2002. (l) You must use Boeing Special Attention Service Bulletin 737–57–1267, dated August § 39.13 [Amended] (2) Replace the fitting in accordance with the Accomplishment Instructions, Part III— 8, 2002; Boeing Service Bulletin 737–57– I 2. The FAA amends § 39.13 by adding Fitting Replacement, of Boeing Service 1216, Revision 2, dated May 6, 1999; and the following new airworthiness Bulletin 737–57–1216, Revision 2, dated May Boeing Service Bulletin 737–57A1260, directive (AD): 6, 1999, and install a retaining bolt, Revision 2, dated October 18, 2001; as applicable, to perform the actions that are 2005–18–08 Boeing: Amendment 39–14248. castellated nut, and cotter pin in accordance with Boeing Service Bulletin 737–57A1260, required by this AD, unless the AD specifies Docket No. FAA–2004–18877; otherwise. The Director of the Federal Directorate Identifier 2002–NM–340–AD. Revision 2, dated October 18, 2001. Replacing the fitting in accordance with the Register approves the incorporation by Effective Date Accomplishment Instructions, Part III— reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To (a) This AD becomes effective October 11, Fitting Replacement, of Boeing Service get copies of the service information, contact 2005. Bulletin 737–57–1216, dated December 17, 1992, or Revision 1, dated September 23, Boeing Commercial Airplanes, P.O. Box Affected ADs 1993; and replacing the retaining bolt, self- 3707, Seattle, Washington 98124–2207. To (b) None. locking nut, and associated hardware of the view an AD docket, go to the Docket support beam for the MLG with a new bolt, Management Facility, U.S. Department of Applicability castellated nut, and new hardware; in Transportation, 400 Seventh Street, SW., (c) This AD applies to Boeing Model 737– accordance with Boeing Service Bulletin room PL–401, Nassif Building, Washington, 100, –200, –200C, and –300 series airplanes, 737–57A1260, Revision 2, dated October 18, DC. To review copies of the service certificated in any category; line numbers 1 2001; prior to the effective date of this AD information, go to the National Archives and through 1670 inclusive. are acceptable methods of compliance with Records Administration (NARA). For the requirements of this paragraph. information on the availability of this Unsafe Condition material at the NARA, call (202) 741–6030, (d) This AD was prompted by reports of Optional Terminating Action or go to http://www.archives.gov/ discrepancies of the lugs on the support (h) Reworking or replacing the fitting in federal_register/code_of_federal_regulations/ fitting of the main landing gear (MLG) beam. accordance with paragraph (g)(1) or (g)(2) of ibr_locations.html.

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Issued in Renton, Washington, on August Aircraft Certification Office, 1600 cost impact of the modification required 24, 2005. Stewart Avenue, Suite 410, Westbury, by this AD on U.S. operators is Ali Bahrami, New York 11590; or at the Office of the estimated to be $230,425, or $325 per Manager, Transport Airplane Directorate, Federal Register, 800 North Capitol airplane. Aircraft Certification Service. Street, NW., suite 700, Washington, DC. The cost impact figures discussed [FR Doc. 05–17461 Filed 9–2–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: above are based on assumptions that no BILLING CODE 4910–13–P Wing Chan, Aerospace Engineer, operator has yet accomplished any of Systems and Flight Test Branch, ANE– the requirements of this AD action, and 172, FAA, New York Aircraft that no operator would accomplish DEPARTMENT OF TRANSPORTATION Certification Office, 1600 Stewart those actions in the future if thisAD Avenue, Suite 410, Westbury, New York were not adopted. The cost impact Federal Aviation Administration 11590; telephone (516) 228–7311; fax figures discussed in AD rulemaking (516) 794–5531. actions represent only the time 14 CFR Part 39 SUPPLEMENTARY INFORMATION: A necessary to perform the specific actions [Docket No. 2003–NM–163–AD; Amendment proposal to amend part 39 of the Federal actually required by the AD. These 39–14244; AD 2005–18–04] Aviation Regulations (14 CFR part 39) to figures typically do not include incidental costs, such as the time RIN 2120–AA64 include an airworthiness directive (AD) that is applicable to certain Bombardier required to gain access and close up, planning time, or time necessitated by Airworthiness Directives; Bombardier Model CL–600–2B19 (Regional Jet other administrative actions. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes was Series 100 & 440) Airplanes published as a supplemental notice of Authority for This Rulemaking proposed rulemaking (NPRM) in the Title 49 of the United States Code AGENCY: Federal Aviation Federal Register on June 27, 2005 (70 specifies the FAA’s authority to issue Administration (FAA), Department of FR 36862). That action proposed to rules on aviation safety. Subtitle I, Transportation (DOT). require performing an inspection of the section 106, describes the authority of ACTION: Final rule. electrical harnesses of the spoiler and the brake pressure sensor unit on both the FAA Administrator. Subtitle VII, SUMMARY: This amendment adopts a sides of the wing root to detect any Aviation Programs, describes in more new airworthiness directive (AD), chafing or wire damage, and repairing or detail the scope of the Agency’s applicable to certain Bombardier Model replacing any damaged or chafed authority. We are issuing this rulemaking under CL–600–2B19 (Regional Jet Series 100& harness or wire with a new harness, as the authority described in subtitle VII, 440) airplanes, that requires performing applicable. The action also proposed to part A, subpart III, section 44701, an inspection of the electrical harnesses require performing a terminating ‘‘General requirements.’’Under that of the spoiler and the brake pressure modification for the one-time section, Congress charges the FAA with sensor unit on both sides of the wing inspection. root to detect any chafing or wire promoting safe flight of civil aircraft in damage, and repairing or replacing any Comments air commerce by prescribing regulations damaged or chafed harness or wire with Interested persons have been afforded for practices, methods, and procedures a new harness, as applicable. This an opportunity to participate in the the Administrator finds necessary for action also provides/requires a making of this amendment. We received safety in air commerce. This regulation terminating modification for the one- no comments on the proposed AD or on is within the scope of that authority time inspection. The actions specified the determination of the cost to the because it addresses an unsafe condition by this AD are intended to detect and public. that is likely to exist or develop on products identified in this rulemaking correct chafing of the electrical cables of Conclusion the spoiler and brake pressure sensor action. unit on both sides of the wing root, After careful review of the available Regulatory Impact which could result in loss of the flight data, the FAA has determined that air The regulations adopted herein will control system and consequent reduced safety and the public interest require the not have a substantial direct effect on controllability of the airplane. This adoption of the rule as proposed. the States, on the relationship between action is intended to address the Cost Impact the National Government and the States, identified unsafe condition. The FAA estimates that 709 airplanes or on the distribution of power and DATES: Effective October 11, 2005. of U.S. registry will be affected by this responsibilities among the various The incorporation by reference of a AD. levels of government. Therefore, it is certain publication listed in the It will take approximately 1 work determined that this final rule does not regulations is approved by the Director hour per airplane to accomplish the have federalism implications under of the Federal Register as of October 11, required inspection, at the average labor Executive Order 13132. 2005. rate of $65 per work hour. Based on For the reasons discussed above, I ADDRESSES: The service information these figures, the cost impact of the certify that this action (1) is not a referenced in this AD may be obtained inspection required by this AD on U.S. ‘‘significant regulatory action’’ under from Bombardier, Inc., Canadair, operators is estimated to be $46,085, or Executive Order 12866; (2) is not a Aerospace Group, P.O. Box 6087, $65 per airplane. ‘‘significant rule’’ under DOT Station Centreville, Montreal, Quebec It will take approximately 5 work Regulatory Policies and Procedures (44 H3C 3G9, Canada. This information may hours per airplane to accomplish the FR 11034, February 26, 1979); and (3) be examined at the Federal Aviation required modification, at the average will not have a significant economic Administration (FAA), Transport labor rate of $65 per work hour. impact, positive or negative, on a Airplane Directorate, Rules Docket, Required parts will be supplied by the substantial number of small entities 1601 Lind Avenue, SW., Renton, airplane manufacturer at no cost to under the criteria of the Regulatory Washington; or at the FAA, New York operators. Based on these figures, the Flexibility Act. A final evaluation has

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been prepared for this action and it is Corrective Actions Avenue, SW., Renton, Washington; or to the contained in the Rules Docket. A copy (b) If any damaged or chafed electrical FAA, New York Aircraft Certification Office, of it may be obtained from the Rules harness or wire is found during any 1600 Stewart Avenue, Suite 410, Westbury, Docket at the location provided under inspection required by paragraph (a) of this New York 11590; or to the National Archives and RecordsAdministration (NARA). For the caption ADDRESSES. AD, before further flight, do either paragraph (b)(1) or (b)(2) of this AD. information on the availability of this List of Subjects in 14 CFR Part 39 (1) Replace any damaged or chafed harness material at the NARA, call (202) 741–6030, or go to http://www.archives.gov/federal- Air transportation, Aircraft, Aviation or wire with a new harness, in accordance with Part C or Part D of the Accomplishment register/cfr/ibr-locations.html. safety, Incorporation by reference, Instructions of Bombardier Alert Service Effective Date Safety. Bulletin A601R–27–133, Revision ‘A’, dated (h) This amendment becomes effective on Adoption of the Amendment September 16, 2004, as applicable. (2) Repair any damaged or chafed electrical October 11, 2005. I Accordingly, pursuant to the authority harness in accordance with Part B of the Issued in Renton, Washington, on August delegated to me by the Administrator, Accomplishment Instructions of Bombardier 24, 2005. the Federal Aviation Administration Alert ServiceBulletin A601R–27–133, Ali Bahrami, amends part 39 of the Federal Aviation Revision ‘A’, dated September 16, 2004. Within 3,500 flight hours after the repair is Manager, Transport Airplane Directorate, Regulations (14 CFR part 39) as follows: done, do paragraph (b)(1) of this AD. Aircraft Certification Service. [FR Doc. 05–17405 Filed 9–2–05; 8:45 am] PART 39—AIRWORTHINESS Credit for Earlier Service Bulletins BILLING CODE 4910–13–P DIRECTIVES (c) Inspections, replacements, and repairs I 1. The authority citation for part 39 accomplished before the effective date of this AD in accordance with Bombardier Alert DEPARTMENT OF TRANSPORTATION continues to read as follows: ServiceBulletin A601R–27–101, dated April Authority: 49 U.S.C. 106(g), 40113, 44701. 17, 2000; or Revision ‘A,’ dated October 26, Federal Aviation Administration 2001; or Bombardier Alert Service Bulletin § 39.13 [Amended] A601R–27–133, dated July 12, 2004; are 14 CFR Part 71 I 2. Section 39.13 is amended by adding acceptable for compliance with the corresponding requirements of this AD. the following new airworthiness [Docket No. FAA–2005–21256; Airspace directive: Terminating Modification Docket No. 05–AGL–04] 2005–18–04 Bombardier, Inc. (Formerly (d) Within 4,000 flight hours after the Canadair): Amendment 39–14244. effective date of this AD, modify the routing Establishment of Class D Airspace; Docket 2003–NM–163–AD. and support of the electrical harnesses of the Eau Claire, WI Applicability: Model CL–600–2B19 spoiler and the BPSU on both sides of the (Regional Jet Series 100 & 440) airplanes, wing root by accomplishing all the actions AGENCY: Federal Aviation serial numbers 7003 through 7067 inclusive, specified in Part E or F, as applicable, of the Administration (FAA), DOT. and 7069 through 7947 inclusive; certificated AccomplishmentInstructions of Bombardier ACTION: Direct final rule; request for in any category. Alert Service Bulletin A601R–27–133, comments. Compliance: Required as indicated, unless Revision ‘A’, dated September 16, 2004. accomplished previously. Accomplishing the modification constitutes SUMMARY: This document establishes To detect and correct chafing of the compliance with the requirements of this AD. Class D airspace at Eau Clair, WI. A electrical cables of the spoiler and brake Exception to Service Bulletin control tower is currently under pressure sensor unit (BPSU) on both sides of the wing root, which could result in loss of (e) Although Bombardier Alert Service construction at Chippewa Valley the flight control system and consequent Bulletin A601R–27–133, Revision‘A’, dated Regional Airport. Controlled airspace reduced controllability of the airplane, September 16, 2004, specifies to submit extending upward from the surface is accomplish the following: certain information to the manufacturer, this required when the control tower is AD does not include that requirement. operational. This action establishes a Initial Inspections Alternative Methods of Compliance radius of controlled airspace for Eau (a) Within 500 flight hours after the Clair, WI. effective date of this AD, do a general visual (f) In accordance with 14 CFR 39.19, the inspection for chafing or wire damage of the Manager, New York AircraftCertification DATES: Effective 0901 UTC, October 27, electrical harnesses of the spoiler and the Office, FAA, is authorized to approve 2005. Comments must be received on or BPSU on both sides of the wing root, in alternative methods of compliance for this before October 10, 2005. AD. accordance with Part A of the ADDRESSES: Send comments on the Accomplishment Instructions of Bombardier Note 2: The subject of this AD is addressed proposal to the Docket Management Alert Service Bulletin A601R–27–133, in Canadiar airworthiness directive CF– System, U.S. Department of Revision ‘A,’ dated September 16, 2004. 2003–14R1, effective February 26, 2005. Transportation, Room Plaza 401, 400 Note 1: For the purposes of this AD, a general visual inspection is defined as: ‘‘A Incorporation by Reference Seventh Street, SW., Washington, DC visual examination of an interior or exterior (g) Unless otherwise specified in this AD, 20590–0001. You must identify the area, installation, or assembly to detect the actions must be done in accordance with docket Number FAA–2005–21256/ obvious damage, failure, or irregularity. This Bombardier Alert Service Bulletin A601R– Airspace Docket No. 05–AGL–04, at the level of inspection is made from within 27–133, Revision ‘A’, dated September 16, beginning of your comments. You may touching distance unless otherwise specified. 2004. This incorporation by reference was also submit comments on the internet at A mirror may be necessary to enhance visual approved by the Director of the Federal http://dms.dot.gov. You may review the access to all exposed surfaces in the Register in accordance with 5 U.S.C. 552(a) public docket containing the proposal, inspection area. This level of inspection is and 1 CFR part 51. To get copies of this any comments received, and any final made under normally available lighting service information, contact Bombardier, conditions such as daylight, hangar lighting, Inc., Canadair, Aerospace Group, P.O. Box disposition in person in the Dockets flashlight, or droplight and may require 6087, Station Centre-ville, Montreal, Quebec Office between 9 a.m. and 5 p.m., removal or opening of access panels or doors. H3C 3G9, Canada. To inspect copies of this Monday through Friday, except Federal Stands, ladders, or platforms may be required service information, go to the FAA, holidays. The Docket Office (telephone to gain proximity to the area being checked.’’ TransportAirplane Directorate, 1601 Lind 1–800–647–5527) is on the plaza level

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of the Department of Transportation notice of proposed rulemaking, on a substantial number of small entities NASSIF Building at the above address. comments are invited on this rule. under the criteria of the Regulatory An informal docket may also be Interested persons are invited to Flexibility Act. Since this rule involves examined during normal business hours comment on this rule by submitting routine matters that will only affect air at FAA Terminal Operations, Central such written data, views, or arguments, traffic procedures and air navigation, it Service Office, 2300 East Devon as they may desire. Communications does not warrant preparation of a Avenue, Des Plaines, Illinois 60018. should identify the Rules Docket Regulatory Flexibility Analysis because FOR FURTHER INFORMATION CONTACT: number and be submitted to the address the anticipated impact is so minimal. Steve Davis, FAA Terminal Operations, specified under the caption ADDRESSES. Central Service Office, Airspace and All communications received on or List of Subjects in 14 CFR Part 71 Procedures Branch, AGL–530, Federal before the closing date for comments Aviation Administration, 2300 East will be considered, and this rule may be Airspace, Incorporation by reference, Devon Avenue, Des Plaines, Illinois amended or withdrawn in light of the Navigation (air). 60018, telephone (847) 294–7131, or comments received. Factual information Adoption of the Amendment David Sapadin (847) 294–7477. that supports the commenter’s ideas and SUPPLEMENTARY INFORMATION: This suggestions is extremely helpful in I Accordingly, pursuant to the authority amendment to 14 CFR part 71 evaluating the effectiveness of this delegated to me, the Federal Aviation establishes Class D airspace at Eau Clair, action and determining whether Administration amends 14 CFR part 71 WI, to accommodate aircraft operating additional rulemaking action is needed. as follows: into and out of Chippewa Valley Comments are specifically invited on Regional Airport. The area will be the overall regulatory, economic, PART 71—DESIGNATION OF CLASS A, depicted on appropriate aeronautical environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND charts. Class D airspace designations are the rule that might suggest a need to CLASS E AIRSPACE AREAS; modify the rule. All comments published in Paragraph 5000 of FAA AIRWAYS; ROUTES; AND REPORTING submitted will be available, both before Order 7400.9M, dated August 30, 2004, POINTS and effective September 16, 2004, which and after the closing date for comments, in the Rules Docket for examination by is incorporated by reference in 14 CFR I 1. The authority citation for 14 CFR interested persons. A report that Sec. 71.1. The Class D airspace part 71 continues to read as follows: designation listed in this document will summarizes each FAA-public contact be published subsequently in the order. concerned with the substance of this Authority: 49 U.S.C. 106(g), 40103, 40113, action will be filed in the Rules Docket. 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– The Direct Final Rule Procedure Commenters wishing the FAA to 1963 Comp., p. 389. The FAA anticipates that this acknowledge receipt of their comments regulation will not result in adverse or submitted in response to this rule must § 71.1 [Amended] submit a self-addressed, stamped negative comment and therefore is I 2. The incorporation by reference in postcard on which the following issuing it as a direct final rule. A 14 CFR 71.1 of the Federal Aviation statement is made: ‘‘Comments to substantial number of previous Administration Order 7400.9M, opportunities provided to the public to Docket No. FAA–2005–21256/Airspace Airspace Designations and Reporting comment on substantially identical Docket No. 05–AGL–04.’’ The postcard Points, dated September 1, 2005, and actions have resulted in negligible will be date stamped and returned to the adverse comments or objections. Unless commenter. effective September 16, 2005, is amended as follows: a written adverse or negative comment, Agency Findings or a written notice of intent to submit * * * * * The regulations adopted herein will an adverse or negative comment is Paragraph 5000 Class D Airspace received within the comment period, not have substantial direct effects on the the regulation will become effective on States, on the relationship between the * * * * * National Government and the States, or the date specified above. After the close AGL WI D Eau Claire, WI [New] of the comment period, the FAA will on the distribution of power and Eau Claire, Chippewa Valley Regional publish a document in the Federal responsibilities among the various Airport, WI Register indicating that no adverse or levels of government. Therefore, it is (Lat. 44°51′57″ N., long. 91°29′03″ W.) negative comments were received and determined that this final rule will not confirming the date on which the final have federalism implications under That airspace extending upward from the rule will become effective. If the FAA Executive Order 13132. surface to and including 3,500 feet MSL does receive, within the comment Further, the FAA has determined that within a 4.3-mile radius of the Chippewa period, an adverse or negative comment, this regulation is noncontroversial and Valley regional Airport. This Class D airspace or written notice of intent to submit unlikely to result in adverse or negative area is effective during the specific dates and such a comment, a document will be comments and only involves an times established in advance by Notice to published in Federal Register. This established body of technical Airmen. The effective date and time will document may withdraw the direct final regulations that require frequent and thereafter be continuously published in rule in whole or in part. After routine amendments to keep them advance by Notice to Airmen. operationally current. Therefore, I considering the adverse or negative * * * * * comment, we may publish another certify that this regulation (1) is not a direct final rule or publish a notice of ‘‘significant regulatory action’’ under Nancy B. Kort, proposed rulemaking with a new Executive Order 12866; (2) is not a Area Director, Central Terminal Operations. comment period. ‘‘significant rule’’ under DOT [FR Doc. 05–17571 Filed 9–2–05; 8:45 am] Regulatory Policies and Procedures (44 Comments Invited FR 11034; February 26, 1979); and (3) if BILLING CODE 4910–13–M Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a economic impact, positive or negative,

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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration Federal Aviation Administration Federal Aviation Administration

14 CFR Part 71 14 CFR Part 71 14 CFR Part 71

[Docket No. FAA–2005–21706; Airspace [Docket No. FAA–2005–21871; Airspace [Docket No. FAA–2005–21783; Airspace Docket No. 05–ACE–23] Docket No. 05–ACE–25] Docket No. 05–ACE–24]

Modification of Class E Airspace; Modification of Class E Airspace; Modification of Class E Airspace; Washington, MO Abilene Municipal Airport, KS Meade Municipal Airport, KS

AGENCY: Federal Aviation AGENCY: Federal Aviation AGENCY: Federal Aviation Administration (FAA), DOT. Administration (FAA), DOT. Administration (FAA), DOT. ACTION: Direct final rule; confirmation of ACTION: Direct final rule; confirmation of ACTION: Direct final rule; confirmation of effective date. effective date. effective date.

SUMMARY: This document confirms the SUMMARY: This document confirms the SUMMARY: This document confirms the effective date of the direct final rule effective date of the direct final rule effective date of the direct final rule which revises Class E airspace at which revises Class E airspace at which revises Class E airspace at Meade Washington, MO. Abilene Municipal Airport, KS. Municipal Airport, KS DATES: Effective Date: 0901 UTC, DATES: Effective Date: 0901 UTC, DATES: Effective Date: 901 UTC, October Ocotber 27, 2005. October 27, 2005. 27, 2005. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, Brenda Mumper, Air Traffic Division, Brenda Mumper, Air Traffic Division, Airspace Branch, ACE–520A, DOT Airspace Branch, ACE–520A, DOT Airspace Branch, ACE–520A, DOT Regional Headquarters Building, Federal Regional Headquarters Building, Federal Regional Headquarters Building, Federal Aviation Administratioin, 901 Locust, Aviation Administration, 901 Locust, Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: Kansas City, MO 64106; telephone: Kansas City, MO 64106; telephone: (816) 329–2524. (816) 329–2525. (816) 329–2524. SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: published this direct rule with a request The FAA published this direct final The FAA published this direct final for comments in the Federal Register on rule with a request for comments in the rule with a request for comments in the July 20, 2005 (70 FR 41610). The FAA Federal Register on July 29, 2005 (70 FR Federal Register on July 20, 2005 (70 FR uses the direct final rulemaking 43747). The FAA uses the direct final 41613). The FAA uses the direct final procedure for a non-controversial rule rulemaking procedure for a non- rulemaking procedure for a non- where the FAA believes that there will controversial rule where the FAA controversial rule where the FAA be no adverse public comment. This believes that there will be no adverse believes that there will be no adverse direct final rule advised the public that public comment. This direct final rule public comment. This direct final rule no adverse comments were anticipated, advised the public that no adverse advised the public that no adverse and that unless a written adverse comments were anticipated, and that comments were anticipated, and that comment, or a written notice of intent unless a written adverse comment, or a unless a written adverse comment, or a to submit such an adverse comment, written notice of intent to submit such written notice of intent to submit such were received within the comment an adverse comment, were received an adverse comment, were received period, the regulation would become within the comment period, the within the comment period, the effective on October 27, 2005. No regulation would become effective on regulation would become effective on adverse comments were received, and October 27, 2005. No adverse comments October 27, 2005. No adverse comments thus this notice confirms that this direct were received, and thus this notice were received, and thus this notice final rule will become effective on that confirms that this direct final rule will confirms that this direct final rule will date. become effective on that date. become effective on that date. Issued in Kansas City, MO on August 23, Issued in Kansas City, MO, on August 23, Issued in Kansas City, MO on August 23, 2005. 2005. 2005. Elizabeth S. Wallis, Elizabeth S. Wallis, Elizabeth S. Wallis, Acting Area Director, Western Flight Services Acting Area Director, Western Flight Services Acting Area Director, Western Flight Services Operations. Operations. Operations. [FR Doc. 05–17570 Filed 9–2–05; 8:45 am] [FR Doc. 05–17569 Filed 9–2–05; 8:45 am] [FR Doc. 05–17568 Filed 9–2–05; 8:45 am] BILLING CODE 4910–13–M BILLING CODE 4910–13–M BILLING CODE 4910–13–M

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DEPARTMENT OF COMMERCE Distributors of NOAA Electronic to allow for the redistribution of official Navigational Charts/NOAA NOAA ENCs, while retaining their National Oceanic and Atmospheric Hydrographic Products’’ was published official status. Administration in the Federal Register (69 FR 61165), As to the comment that NOAA’s and comments were solicited. Four sets policy of not certifying privately made 15 CFR Part 995 of comments were received. The ECS databases would deny adequate substance of the comments and the electronic chart coverage to support the [Docket No: 040608174–5098–03] resulting changes made to the regulation mandatory carriage of electronic charts, RIN 0648–0508 are summarized below. which the Coast Guard has been One set of comments stated that the directed to implement, NOAA sees no Certification Requirements for Certification Requirements for concern, and this was not the purpose Distributors of NOAA Electronic Distributors of NOAA Electronic of this rulemaking. NOAA already Navigational Charts/NOAA Navigational Charts/NOAA provides 100 percent coverage of its area Hydrographic Products Hydrographic Products was an of responsibility with official raster inappropriate activity for NOAA. In navigational charts (one type of AGENCY: National Ocean Service (NOS), response, NOAA cites the Hydrographic electronic chart), 45 percent coverage National Oceanic and Services Improvement Act of 1998, as with official electronic navigational AtmosphericAdministration (NOAA), amended (codified at 33 U.S.C. 892b), charts (a second type of electronic chart) Department of Commerce (DOC). under which this program was with completion of the full suite ACTION: Final rule. established. The comments further scheduled during 2007, and the U.S. suggested that a substantial fee structure Army Corps of Engineers anticipates SUMMARY: The National Oceanic and would be appropriate for the program. completing full coverage of primary and Atmospheric Administration (NOAA) is Again, NOAA refers to the enabling secondary inland river routes with promulgating certification requirements legislation that limits the fees NOAA official electronic charts during 2007, with standards for applicants who want may charge. thus serving vessels that carry 90 to redistribute NOAA Electronic  A second set of comments offered that percent of the inland river shipping Navigational Charts (NOAA ENCs ) as § 995.8, ‘‘Alterations,’’ appeared to tonnage. Also, while the Coast Guard official data. Two types of certification permit NOAA to change program must promulgate electronic chart are offered. The first type, ‘‘Certified regulations without following the carriage regulations by January 1, 2007, NOAA ENC Distributor’’ (CED), covers Administrative Procedure Act that the effective date of those regulations, NOAA ENC downloading, exact allows for public comment. NOAA’s exactly which vessels are to be covered, copying, and redistribution of those intent is to follow those procedures in and what waivers may be issued is left copies. The second type, ‘‘Certified executing this section, but stating so in to their discretion. NOAA, the Corps of NOAA ENC Value Added Distributor’’ the rule is redundant with NOAA’s Engineers, and the Coast Guard will (CEVAD), permits reformatting official obligation under the Administrative continue to coordinate closely to ensure NOAA ENCs into a System Electronic Procedure Act. The section was deleted that electronic chart carriage is not Navigational Chart (SENC) using type- from the regulations to eliminate mandated before official charts are approved software, and distribution of confusion. The comment also suggested available. that SENC. NOAA intends by this action that in § 995.15(a), the first sentence, Another comment stated that since to assure that, though redistributed, ‘‘NOAA reserves the right to audit the proposed rule did not provide a quality official NOAA ENC data is certified distributors’’ be deleted as means to certify privately made ECS offered to the public in support of safe redundant with § 995.14. NOAA deleted databases for meeting chart carriage navigation on U.S. waters. the sentence. regulations, it closes the markets to DATES: Effective Date: October 6, 2005. A third set of comments received private companies for equipping non- The incorporation by reference of contained two recommendations. The SOLAS, regulated vessels and thus was certain publications in this rule is first was that NOAA should use the ISO contrary to the Regulatory Flexibility approved by the Director of the Federal 19379 standard to certify privately made Act. Such certification is beyond the Register as of October 6, 2005. Electronic Chart Systems (ECS) intent of this rule, which is merely to ADDRESSES: Comments in writing databases and the second was that certify distributors of official NOAA should be submitted to Director, Office NOAA should eliminate the limitation ENCs. Further, the final rule does not of Coast Survey, National Ocean in the proposed rule that prevents the take away regulated vessels as a market Service, NOAA (N/CS), 1315 East West use of ISO 19379 certified electronic for privately made electronic charts. Highway, Silver Spring, MD 20910. charts for mandated chart carriage. Privately made charts have never been Written comments may be faxed to (301) Related to the recommendations was a accepted as meeting chart carriage 713–4516. Comments by e-mail should set of comments. regulations, but may be carried as an aid As to the comment/recommendation be submitted to [email protected]. to navigation. This situation will that NOAA might adopt an existing continue under the final rule. In any FOR FURTHER INFORMATION CONTACT: standard such as ISO 19379 for case, because NOAA provides official Captain Jim Gardner, Chief, Marine certifying privately made ECS databases, electronic charts at no cost, the Chart Division, Office of Coast Survey, NOAA recognizes this opportunity, and commercially-viable market for private NOS/NOAA, (301) 713– acknowledges this possibility in a charts aboard regulated vessels would 2724,[email protected]. separate rule, entitled: Quality be small, thus causing little impact on SUPPLEMENTARY INFORMATION: Assurance and Certification Program for small businesses. Finally, the number of NOAA Hydrographic Products, in the companies that NOAA estimates might Discussion of Comments Received and Federal Register dated January 5, 2005 be affected is few (approximately 3 to 9), Changes Made (70 FR 693). With this rule for not all of which may be small On October 15, 2004, a notice of distribution of official NOAA ENCs, businesses. Thus, the rule does not proposed rulemaking entitled NOAA does not intend to certify appear to rise to the level of causing a ‘‘Certification Requirements for privately made ECS databases, but only significant economic impact on a

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substantial number of small businesses. One comment recommended that ‘‘CED or CEVAD shall notify all If any impact is made on the industry NOAA revise language where the rule recipients of its products that its it would provide a benefit to all mandates different outcomes for the certification has been revoked and that participating entities by allowing same procedure simply because of who the product may no longer be valid for certified businesses to sell a new performed it. NOAA revised a portion of use. In addition, the CED or CEVAD product that is considered as having § 995.1(c) to read: ‘‘Any entity may shall provide the dates of non- official NOAA ENC data in it, with the continue to download from an official compliance.’’ phrase ‘‘Certified NOAA ENC NOAA ENC Web site and use NOAA One comment stated that NOAA Distributor’’ or ‘‘Certified NOAA ENC ENCs for any purpose. As long as it is cannot regulate that CEDs or CEVADs Value Added Distributor’’ on products not redistributed, that ENC will still be ensure that the user (of its products) has and marketing materials. NOAA considered as official Federal data. If the a sufficient level of knowledge. NOAA appreciates that a nation-wide supply of NOAA ENC is successfully imported agreed and revised § 995.22 to read: electronic charts for ECS is important unaltered into a type-approved system, ‘‘CED or CEVAD shall provide some and so, in addition to these it will comply with Federal nautical form of product training and education requirements, NOAA has promulgated a chart carriage requirements.’’ NOAA materials to the customer to ensure that rule for Quality Assurance and additionally clarified § 995.1 by the end user has a sufficient level of Certification Program for NOAA providing examples illustrating when information about the intended use of Hydrographic Products, (70 FR 693, Jan. NOAA ENCs will or will not meet the derived product and what is needed 5, 2005). That program supports Federal chart carriage regulation. to properly use it (e.g., requires certain companies in making and selling One comment recommended that the equipment).’’ electronic charts into the non-regulated rule should require any commercially One comment recommended that market, which is two orders of redistributed official ENC or derived NOAA strike all of § 995.24 (a)(4) magnitude larger than the regulated product from an uncertified entity to Additional data. NOAA chose not to market and provides additional notify the user that the product does not delete § 995.24(a)(4) for liability reasons. One comment recommended that commercial opportunities for private meet federal chart carriage NOAA provide an up-to-date listing on companies while preserving the safety requirements. Instead of adding the Office of Coast Survey (OCS) Web of navigation. language to the rule, NOAA will add to site of certified ENC distributors and The last set of comments had twelve the Agreement Statement on the NOAA their certified products. NOAA will recommendations, as follows: ENC Web site, which the entity must accept in order to download any official provide this list. One comment recommended that the NOAA ENCs. The statement will have One comment recommended that title be changed to: ‘‘PART 995— words to the effect that: ‘‘Any entity that NOAA require that a certification Certification Requirements for is not a certified NOAA ENC distributor, statement accompany the NOAA logo Distributors of NOAA Electronic agrees that it will not redistribute when used on hydrographic products. Navigational Charts.’’ NOAA is leaving NOAA ENCs as official data for the NOAA added in § 995. 24 language that the title in its present wording for the purpose of complying with Federal the CED/CEVAD should provide possibility of future products. chart carriage requirements. The documentation to clarify to the user the One comment recommended that we certification requirements and suitability of use of product, the type move and clarify the definition of application can be found at: (inset hyper and content of the files, when non- ‘‘Distributor’’ versus ‘‘Value Added link). The final rule as published in NOAA data is included, and any time Distributor.’’ Each term has a specific Federal Register (insert number and delays for distribution of the data. definition as it applies to the section page), can be found at (inset hyper Due to NOAA’s re-examination of where it appears in the regulation. link).’’ A second statement will read, § 995.15, NOAA determined that the NOAA believes that it is necessary to ‘‘By clicking on the link below to section required changes to best serve maintain the difference between the two proceed to download the NOAA ENCs, and protect the CED/CEVAD throughout types of distributors. the user acknowledges having read and the termination process. NOAA revised One comment recommended a agreed to the above terms and the termination process to provide the clarification between the certification of conditions.’’ CED/CEVAD with clearer guidelines for a distributor, the certification of a One comment recommended that responding to a notification of potential process, and the certification of a NOAA charge fees for all costs incurred termination administrative tracking and product, so that the end user would be in the certification process, including response time of its claim, add final able to identify if the product is suitable resubmissions of revised requests that action language, and provide an for navigation and meets Federal chart were initially unacceptable. NOAA opportunity for the CED or CEVAD to carriage requirements. For clarification, added language in the fee section of the resubmit a request for certification if NOAA is certifying two types of rule to include resubmissions. terminated. One change to § 995.15, distributors who may redistribute One comment recommended that added to the information collection official NOAA ENC data and have it NOAA strike a redundant sentence, in associated with the Paperwork remain as official Federal data, which § 995.15 (a), which was done. Reduction Act. NOAA added that CED’s can be used to meet Federal carriage One comment recommended that or CEVAD’s comments to OCS in requirements. While NOAA is not NOAA should reserve the right, to the response to a notification of potential certifying processes the distributors use extent practicable, to require the recall termination shall contain at least: to produce their end product, the rule of all redistributed ENCs and derived identification and contact information requires them to follow accepted products that were produced during a of the CED or CEVAD; a statement that industry standards as noted in this rule period of non-compliance. NOAA does CED or CEVAD is responding to an if the entity wishes to have a product not believe that it is appropriate to initial written notification of potential with data in it that complies with require product recall while the termination by OCS; and a thorough but Federal carriage requirements. NOAA distributor is under investigation. concise argument as to why CED or believes the revised rule clarifies these However, NOAA revised § 995.15, CEVAD believes that its certification concerns. Termination of certification, to read: should not be terminated.

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Electronic Access and required test results for an promulgated here. NOAA’s intent with A digital copy of this published rule International Maritime Organization this rule is only to certify entities that for certification requirements for NOAA (IMO) compliant ECDIS. The IEC wish to redistribute its NOAA ENCs as ENC redistribution, with application Publication 61174 can be ordered from official Federal data and for meeting a templates, is accessible via the Internet the IEC Web site: http://www.iec.ch. The set of requirements rather than at NOAA’s Web site: http:// IHO Special Publication S57 includes a certifying them for a particular use. One comment stated that the nauticalcharts.noaa.gov/mcd/enc/ description of the data structure and proposed rule’s limitation to use index.htm. format to be used for the exchange of ENC data, product specification for the electronic charts on ECDIS closes the Background production of ENC data, and an markets for all non-SOLAS vessels in NOAA produces electronic updating profile. The IHO Special the United States and thus was contrary navigational charts (ENCs) as one of its Publication S58 includes recommended to the Regulatory Flexibility Act. Certified official NOAA ENCs are not products under its Nautical Charting ENC validation checks. The IHO Special limited in their use by NOAA, nor does Program. Official NOAA ENCs, which Publication S57 and S58 are available at NOAA have the authority to make the conform to International Hydrographic the IHO Web site: http:// determination of suitability of use. The Organization (IHO) standards, may be www.iho.shom.fr. determination of suitability of Federal used in a typeyapproved display Classification carriage requirements for certain classes system, such as an Electronic Chart of vessels lies with the Coast Guard. Display and Information System A. Executive Order 12866 NOAA believes that this rule is in the (ECDIS), to comply with Federal This rule has been determined to be public interest and that it does not nautical chart carriage requirements not significant for the purposes of remove a market for privately made administered by the Coast Guard. Executive Order 12866. electronic charts since they never have NOAA distributes these official ENCs to B. Regulatory Flexibility Act been certified for regulatory carriage and the public for free over its Web site on do not have that market. Also, because the Internet. The Chief Counsel for Regulation of NOAA and the Corps of Engineers give Part 995 in the Code of Federal the Department of Commerce certified away for free official electronic charts Regulations establishes the to the Chief Counsel for Advocacy of the for meeting carriage requirements, it requirements by which entities may be Small Business Administration that this appears that the portion of the market certified to download, redistribute, rule will not have a significant that this rule does not make readily repackage, or in some cases reformat, economic impact on a substantial accessible to private charts would be official NOAA ENCs and retain their number of small entities. The purpose of small. Finally, the number of companies official status. No other processes result this rule is to provide the procedures  that NOAA estimates might be affected in redistributed NOAA ENC products and requirements necessary for an entity is few (approximately 3 to 9), not all of that comply with Federal chart carriage to be certified as ‘‘Certified NOAA ENC which may be small entities. Thus the requirements. Distributor’’ or ‘‘Certified NOAA ENC rule does not appear to rise to the level NOAA developed these certification Value Added Distributor.’’ of causing a significant, negative requirements under the authority of This certification process is voluntary. economic impact on a substantial Section 104 of the Hydrographic Only those applicants who wish to number of small businesses, and thus Services Improvement Act Amendments redistribute NOAA ENC data as official does not violate the Regulatory of 2002, 33 U.S.C. 892b(b)(1). NOAA Federal data with the phrase ‘‘Certified Flexibility Act. On the contrary, it also developed these requirements to NOAA ENC Distributor’’ or ‘‘Certified should provide a benefit to all ensure the quality and content of official NOAA ENC Value Added Distributor’’ participating entities. NOAA NOAA ENCs remains intact throughout on products and marketing materials appreciates that a nation-wide supply of the redistribution process. need to apply. NOAA developed this electronic charts for ECS is important To obtain a written copy of the certification process under the authority and so in union with these certification requirements for NOAA of 33 U.S.C. 892b(b)(1). requirements, NOAA offers another ENC distribution, refer to ADDRESSES The Small Business Administration proposed rule for Quality Assurance section or visit the Internet at NOAA’s guideline to separate small from large and Certification Program for NOAA Web site: http:// businesses is $4 million for Mapmaking Hydrographic Products, (69 FR 61172, nauticalcharts.noaa.gov/mcd/enc/ firms and $5 million for Navigational Oct. 15, 2004). That program supports index.htm. Services to Shipping and Other Support companies in making and selling In addition to the rules set forth in the Activities for Water Transportation. electronic charts into the non-regulated NOAA certification process, if the Value NOAA is unable to determine the total market, which is two orders of Added Distributor converts NOAA ENC number of small entities that will be magnitude larger than the regulated data to other formats, it will need to affected by this rule, as it does not market and provides additional comply with the IHO Technical specifically track this type of commercial opportunities for private Resolution A3.11 published in M–3 information. However, based upon companies while preserving the safety Resolutions of the IHO, Chapter A, knowledge of the nature of the industry, of navigation. Section 3. This resolution is available NOAA believes the majority of the The total estimated economic impact from the IHO Web site: http:// entities affected will be small to small entities associated with startup www.iho.shom.fr. Also, for reference, it businesses. costs, software and equipment upgrades, is advised that distributors be familiar Public comments were received that the application process, reporting, with the International Electrotechnical the proposed rule does not certify recordkeeping, and compliance Commission (IEC) Publication 61174 privately produced electronic nautical requirements is not expected to amount and the IHO Special Publication S57 charts for use by certain classes of to sums greater than $5,228 per entity and S58. IEC Publication 61174 is the regulated vessels. In response, NOAA annually. However, NOAA does not basis for type-approval specifications reaffirmed that such an action would be believe this cost will have a negative related to operational methods of testing beyond the scope of the rule being impact on small companies, as the

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estimated costs incurred should be certified distributor, and sending the bi- Subpart A—General offset through the benefits in increased annual reports to OCS. § 995.1 Purpose and scope. sales of the product because of its Notwithstanding any other provision (a) The National Oceanic and ‘‘certified’’ status. Also, NOAA requires of the law, no person is required to Atmospheric Administration (NOAA) only bi-annual reporting and respond to, nor shall any person be produces electronic navigational charts recordkeeping, balancing the burden to subject to a penalty for failure to comply the distributor, with the assurance of (ENCs) as one of its products under its with, a collection of information subject Nautical Charting Program. According maintaining safe navigation through to the requirements of the PRA, unless data quality verification for public to Federal regulations, official NOAA that collection of information displays a ENCs meet nautical chart carriage safety. And, to lessen the economic currently valid OMB Control Number. impact, the duration of certification will requirements when used in a type- be five years from the date of issuance. There are no duplicative, overlapping, approved display system, such as an It is anticipated the effects of this rule or conflicting Federal rules associated Electronic Chart Display and will be largely positive to small entities, with this rule. Information System (ECDIS). NOAA distributes these official ENCs to the with potential economic benefits. This List of Subjects in 15 CFR Part 995 rule will allow certified businesses to public for free over its Web site on the sell a new product that is considered as Administrative practice and Internet. This Part establishes the having official NOAA ENC data in it, procedure, Incorporated by reference, requirements by which entities may be with the phrase ‘‘Certified NOAA ENC Navigation (water), Navigational charts. certified to download, redistribute, Distributor’’ or ‘‘Certified NOAA ENC repackage, or in some cases reformat, I For the reasons stated in the preamble, Value Added Distributor’’ on products official NOAA ENCs and retain the NOS amends 15 CFR chapter IX by and marketing materials. Under this NOAA ENC’s official status. When a adding to subchapter F, part 995 to read  rule, Federal regulation and reporting NOAA ENC retains its official status, it as follows: will be extremely limited, startup costs will comply with Federal chart carriage should be minimal and there is no Subchapter F—Quality Assurance and requirements. These requirements for charge to small businesses for this Certification Requirements for NOAA re-distributing NOAA ENC data or official product, which they could resell Hydrographic Products and Services incorporating it into value-added for profit. navigational products are to ensure the PART 995—CERTIFICATION quality and content of official NOAA C. Paperwork Reduction Act REQUIREMENTS FOR DISTRIBUTORS ENCs remains intact throughout the This rule contains collection-of- OF NOAA redistribution process. No other information requirements subject to the HYDROGRAPHICPRODUCTS processes result in redistributed NOAA Paperwork Reduction Act (PRA). The ENC products that comply with Federal Subpart A—General following requirements have been chart carriage requirements. approved by OMB under control Sec. (b) Two types of certification are number 0648–0508: 995.1 Purpose and scope. offered. The first type, ‘‘Certified NOAA 1. A written request and application 995.2 Incorporation by reference. ENC Distributor’’ (CED), covers NOAA for certification. 995.3 Availability of other publications. ENC downloading, exact copying, and 2. Submission of a registry of 995.4 Definitions. redistribution of those copies. The 995.5 Abbreviations. customers receiving NOAA ENC data. second type, ‘‘Certified NOAA ENC 995.6 Fees. Value Added Distributor’’ (CEVAD), 3. Notification when the CRC 995.7 Liability. checksum value does not match the permits reformatting official NOAA value in the CATALOG.031 file. Subpart B—Certification and Procedures ENCs into a System Electronic 4. Compression/decompression and Sec. Navigational Chart (SENC) using type- encryption/decryption software and 995.10 Correspondence and applications. approved software, and distribution of documentation for testing. 995.11 Government review and approval. that SENC. Both types of certification 5. A distribution report describing 995.12 Certification designation. permit, but do not require, compression, when NOAA ENC files were 995.13 Transfer of certification. encryption, and packaging with other  downloaded and when they were 995.14 Auditing. data. Because NOAA ENC data is the distributed to end users. 995.15 Termination of certification. primary concern of this rule, and it is 995.16 Term of certification. 6. A label on products to identify data mandatory for certification that the that are NOAA ENCs. Subpart C—Requirements for Certified official NOAA ENCs remain unaltered 7. Report of any errors detected Distributors and Value Added Distributors for positional accuracy and during the conversion process that of NOAA ENC Products informational content, NOAA is, in apparently originate in the NOAA ENC Sec. effect, certifying that a CED’s or files. 995.20 General. CEVAD’s products contain official 8. An application for reconsideration 995.21 Registry of data users. NOAA ENC data, and therefore meets of termination. 995.22 Training of data users. chart carriage requirements. The total estimate of burden hours 995.23 Acquisition of data. (c) Any entity may continue to annually for all distributors is 536 995.24 Distribution of data. download from an official NOAA ENC hours. The total estimate of burden 995.25 Quality management system. Web site and use NOAA ENCs for any 995.26 Conversion of NOAA ENC files to hours per distributor is approximately other formats. purpose. As long as it is not 60 hours a year. These estimates include 995.27 Format validation software testing. redistributed, that ENC will still be the time for reviewing instructions, 995.28 Use of NOAA emblem. considered as official Federal data. If the searching existing data sources, 995.29 Limitation on endorsements. NOAA ENC is successfully imported gathering and maintaining the data unaltered into a type-approved system, Appendix A To Subpart C of Part 995— needed, completing and reviewing the Certification Application Templates it will comply with Federal nautical collection of information, sending the chart carriage requirements. While initial application to OCS to become a Authority: 33 U.S.C. 892b(b)(1). without certification anyone can

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download an official NOAA ENC for MONACO CEDEX; telephone: (377) NOAA. This certification indicates that any use, if a NOAA ENC is 93.10.81.00; fax: (377) 93.10.81.40; e- the distributor meets certain redistributed by an uncertified entity to mail: [email protected]. Orders may be requirements (in Subparts A, B, and D another entity, the NOAA ENC is no submitted by letter, fax, or e-mail. of this part) that ensure timely and longer considered as official Federal (1) IHO Technical Resolution A3.11— accurate dissemination of NOAA ENC data and thus does not comply with ‘‘ENC/SENC Distribution Option’’, as data. Federal chart carriage requirements. An published in the ‘‘Resolutions of the Certified NOAA ENC Value Added example follows. International Hydrographic Distributor (CEVAD) means an entity (1) One example is if an uncertified Organization’’ updated June 2005, that creates a derived product that has individual downloads a NOAA ENC and incorporation by reference approved for been produced from NOAA ENC files uses it according to Federal § 995.26. using a process certified by NOAA. This requirements, that individual will be (2) [RESERVED] certification indicates that the CEVAD meeting Federal chart carriage (b) [RESERVED] meets certain requirements (in Subparts requirements. If an uncertified tug boat A, C, and D of this part) that ensure company has 9 boats in its fleet and an § 995.3 Availability of other publications. timely and accurate dissemination of individual on one of the boats (a) For further guidance you may NOAA ENC data in a non-ENC format. downloads a NOAA ENC and uses it obtain the following: Derived product means a navigational according to Federal requirements that (1) IEC 61174—The International product produced by transforming the individual will be meeting Federal chart Electrotechnical Commission identified NOAA ENC files to another format carriage requirements. However, if that and described the necessary while preserving the content and same uncertified tug boat company performance tests and checks for an accuracy. It may contain information downloads a NOAA ENC and International Maritime Organization from other sources. redistributes it to its 9 boats, the NOAA (IMO) compliant ECDIS. The IMO Distributor means a person or ENC will not be considered official Performance Standards permit National company that redistributes a NOAA Federal data and therefore the 9 boats Maritime Safety Administrations to ENC to end users in its original format. will not be meeting Federal carriage consider ECDIS as the functional Electronic Chart Display and requirements. The company should equivalent to charts required by Information System (ECDIS) means the become a CED or CEVAD under this part Regulation V, Chapter 20 of the 1974 internationally adopted computer- in order to be able to redistribute NOAA SOLAS Convention. IEC Publication assisted navigation system which, when ENC’s and retain the official status of 61174, dated August 1998, can be complying with all of the required those ENC’s. purchased from the IEC Web site: http:// specifications, can be accepted as the (2) To reiterate, NOAA ENCs must not www.iec.ch. up-to-date chart required by V/20 of the be redistributed by an uncertified entity (2) IHO Special Publication S57—The 1974 SOLAS Convention. if the end output needs to have official IHO Transfer Standard for Hydrographic Electronic Navigational Chart (ENC) NOAA ENCs in it that will comply with Data, edition 3.1, dated November 2000, means a database, standardized as to Federal carriage requirements. Any describes the data structure and format content, structure, and format, issued company, entity or individual must be to be used for the exchange of ENC data, for use with ECDIS on the authority of certified if the goal is to redistribute product specification for the production government authorized hydrographic NOAA ENCs and have those NOAA of ENC data, and an updating profile. offices. The ENC contains all the chart ENCs remain as official Federal data and IHO S–57 documentation is available for information necessary for safe as such continue to meet Federal free download at http:// navigation and may contain carriage requirements administered by www.iho.shom.fr. Send written requests supplementary information in addition the Coast Guard. to the International Hydrographic to that contained in the paper chart (e.g. Bureau, 4 quai Antoine 1er, B.P. 445, sailing directions), which may be § 995.2 Incorporation by reference. MC 98011 MONACO CEDEX; telephone: considered necessary for safe Certain material listed in this section (377) 93.10.81.00; e-mail: [email protected]. navigation. is incorporated by reference with the (3) IHO Special Publication S58—The Entity means one person, one person approval of the Director of the Federal IHO Validation Checks for within a company, or one company. Register under 5 U.S.C. 552(a) and 1 Hydrographic Data, edition 2.0, dated NOAA ENC means Electronic CFR part 51. The materials listed in this October 2003, describes the validation Navigational Charts produced by the section are incorporated by reference in checks to be used on ENC data. This National Oceanic and Atmospheric the corresponding sections noted. The document was formally published as S– Administration. NOAA ENC files materials are available for purchase at 57 Appendix B.1, Annex C, but has been comply with the IHO S–57 standard, the corresponding addresses noted renamed to S–58 due to the S–57 Edition 3.1 and the ENC Product below, and all are available for publication having been frozen (i.e. will Specification. The phrase ‘‘NOAA ENC’’ inspection at the National Archives and not change) for a fixed time period. IHO is a registered trademark and may not be Records Administration (NARA) or at S–58 documentation is available for free used without permission. the U.S. Department of Commerce, 1401 download at http://www.iho.shom.fr. Redistributed means to distribute Constitution Avenue, NW., Washington, Send written requests to the again, either as a direct copy or in a DC 20230. For information on the International Hydrographic Bureau, 4 different way. A redistributed NOAA availability of this material at NARA, quai Antoine 1er, B.P. 445, MC 98011 ENC is one that has been downloaded call (202) 741–6030, or go to: http:// MONACO CEDEX; telephone: (377) from an official NOAA ENC Web site by www.archives.gov/federal_register/ 93.10.81.00; e-mail: [email protected]. one entity and provided to another code_of_federal_regulations/ (b) [RESERVED] entity. ibr_locations.html. System Electronic Navigational Chart (a) The material listed below is § 995.4 Definitions. (SENC) means a database resulting from available for purchase from the Certified NOAA ENC Distributor the transformation of the ENC by ECDIS International Hydrographic Bureau, 4 (CED) means an entity that is certified for appropriate use, updates to the ENC quai Antoine 1er, B.P. 445, MC 98011 as a distributor of NOAA ENC files by by appropriate means and other data

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added by the mariner. It is this database its behalf or under its authorization, of will review applications received within that is actually accessed by ECDIS for NOAA data. the 90-day resubmission period in the the display generation and other time frame described in paragraph (a) of navigational functions, and is Subpart B—Certification and this section. After the second review, if equivalent to an up-to-date paper chart. Procedures the application is still unacceptable, The SENC may also contain information § 995.10 Correspondence and Applicant will be again notified of the from other sources. applications. deficiencies in writing and the process Value Added Distributor means a continues as stated is this section. (a) Distributors or value-added person or company that redistributes a distributors desiring certification from NOAA ENC with additional data § 995.12 Certification designation. NOAA shall provide a written request included or in a different format to An Applicant that has been certified and application for certification to the create newly derived products used by by NOAA as a CED may use the phrase Office of Coast Survey, Attention: end users. ‘‘Certified NOAA ENC Distributor’’ on Distribution Certification, N/CS, 1315 products and marketing materials. An § 995.5 Abbreviations. East West Highway, Silver Spring, Applicant that has been certified by CED Certified NOAA ENC Distributor Maryland 20910. Such a distributor or NOAA as a CEVAD may use the phrase CEVAD Certified NOAA ENC Value value-added distributor is hereafter ‘‘Certified NOAA ENC Value Added Added Distributor referred to as Applicant. The Office of Distributor’’ on products and marketing CRC Cyclical Redundancy Checksum Coast Survey (OCS) is the approving materials. Use of these phrases must ECDIS Electronic Chart Display and office for certification under these include labeling to identify the Information System requirements. product’s contents and suitable use. ENC Electronic Navigational Chart (b) Applicant shall provide an (See § 995.24(a)(4), (5) and (6) and (b)(3), IEC International Electrotechnical application for certification that (4) and (5)). Use of the NOAA emblem Commission describes how each element in the is described in § 995.28 and is not IHO International Hydrographic applicable sections of this part has been automatically granted with certification. Organization met. The application will also contain IMO International Maritime an acknowledgment, signed by a § 995.13 Transfer of certification. Organization company principal, of all terms and A CED or CEVAD may not transfer its ISO International Organization for conditions described in this part. certification to another entity. If it is Standardization (c) Applicant shall use the transferred the existing certification will NOAA National Oceanic and appropriate template provided in be terminated. Atmospheric Administration Appendix A to subpart C of this part to (a) If prior to certification it is known NOS National Ocean Service prepare their request for certification. that another entity will be assisting the OCS Office of Coast Survey (d) Applicant shall provide, with its entity applying for certification in the SENC System Electronic Navigational application, a point of contact with production or redistribution of the data, Chart mailing address, phone number, and that other entity must be documented in SOLAS Safety of Life at Sea e-mail address. Applicant shall the application process. Listed entities VAD Value Added Distributor immediately notify NOAA, through the will be considered as falling under the Office of Coast Survey, of any changes umbrella of the parent company’s § 995.6 Fees. to point of contact information. Failure certification. The name of the entity and (a) The Office of Coast Survey, NOAA, to do so will be considered a violation its duties should be included as part of may charge a fee for costs incurred to of this part and may lead to termination the application. process each request for certification of certification. (b) If, subsequent to certification, a pursuant to 33 U.S.C. 892b(b)(1)(C) and § 995.11 Government review and approval. CED or CEVAD wishes to add another 892b(b)(2). The amount of the fee, if one entity to assist it, a request in writing is charged, will be determined by the (a) An application will be reviewed by with the name of the entity and its Director, Office of Coast Survey, and NOAA within 90 days of receipt. If all duties shall be provided to the Office of charged to all Applicants based on the requirements, as defined by this part, Coast Survey, NOAA for acceptance. time and effort involved. are adequately addressed, certification The Office of Coast Survey, NOAA will (b) If a fee is charged, it will be will be granted. If for any reason NOAA provide written notification of charged for each application for will be unable to process the application acceptance to the CED or CEVAD within certification submitted by an Applicant. for certification within the 90-day time 30 days of receipt of the request. A fee may also be charged for frame, Applicant will be notified and a resubmissions of revised requests that revised date will be provided for a § 995.14 Auditing. were initially unacceptable and are sent decision on the request. NOAA reserves the right to audit CED in within 90 days as described in (b)(1) NOAA will determine if the or CEVAD to ensure that the § 995.11(b)(2). request for certification is complete and certification requirements are being met. that it demonstrates that Applicant has Such an audit may consist of: visits to § 995.7 Liability. met all of the applicable requirements the production facilities, product Distributors and value added described in this part. testing, confirmation of ISO 9001 distributors certified under this part (2) In the event that a request is certification, or confirmation of type shall indemnify and hold harmless the incomplete or does not demonstrate that approval for conversion software, and so U.S. Government for any loss, claim, Applicant has met all of the applicable forth. damage, or liability of any kind, the requirements, NOAA will consider the extent caused by the negligence of application unacceptable. NOAA will § 995.15 Termination of certification. certified distributors or value added notify the Applicant of the deficiencies (a) In the event that NOAA distributors or their employees, arising in writing. Applicant may re-submit a determines that a CED or CEVAD is not out of the use by a distributor or value revised application within 90 days of meeting the requirements described in added distributor, or any party acting on receipt of NOAA’s denial notice. NOAA this part, the Office of Coast Survey,

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NOAA (OCS) will provide initial be re-certified by the distributor or value (2) In the event that said CRC written notification of potential added distributor submitting a request checksum value does not match that in termination to the CED or CEVAD. OCS/ for certification as described in § 995.10. the CATALOG.031 file, CED or CEVAD NOAA will state in its notification to It may also be revoked prior to the end agrees to: CED or CEVAD that termination of of the term under the conditions (i) Repeat the download process; certification is under consideration. described in § 995.15. (ii) In the event that said CRC (b) The initial notification of potential checksum value for the repeat download termination will be provided in writing Subpart C—Requirements for Certified does not match that in the by OCS to the CED or CEVAD, and shall Distributors and Value Added CATALOG.031 file, immediately notify state the reason for the potential Distributors of NOAA ENC Products the NOAA ENC Production Manager at termination. Reasons for termination § 995.20 General. [email protected], and; may include, but are not limited to: (iii) Not redistribute any NOAA ENC The requirements for certification as a (1) CED or CEVAD contracts or in any that does not have a valid CRC ‘‘Certified NOAA ENC Distributor’’ way seeks to transfer the production or checksum. redistribution of all or part of the NOAA (CED) and ‘‘Certified NOAA ENC Value official data in the product to another Added Distributor’’ (CEVAD) are § 995.24 Distribution of data. entity. described in this subpart. (a) Distribution of data by CEDs. (1) (2) CED or CEVAD fails to, or is § 995.21 Registry of data users. Format of redistributed data. (i) unable (in the opinion of NOAA) to (a) CED or CEVAD shall maintain a General. Except as listed in paragraphs carry out its responsibilities as (a)(1)(ii) and (iii) of this section, CED described in this part. registry of customers receiving NOAA ENC data. CED or CEVAD shall provide agrees to redistribute NOAA ENC data (c) CED or CEVAD may submit only in the original form provided by written comments to OCS within 30 said registry to NOAA on a biannual basis for internal NOAA planning and NOAA after uncompressing and shall days of receipt of the OCS’s initial not change the file format (S–57 Edition written notification of potential product evaluation use. NOAA agrees to treat such information as proprietary (if 3.1 ENC or other formats specified by termination, explaining why CED or NOAA), or contents, or alter the NOAA CEVAD’s certification should not be requested to do so by the CED or CEVAD). ENC data in any way. terminated. (ii) Compression. The NOAA ENC (1) The written comments shall be (b)(1) The registry shall include, but not be limited to: files may be compressed using a lossless submitted to: Director, Office of Coast  compression technique provided that Survey, National Ocean Service, NOAA (i) Which NOAA ENC cells were provided to each customer; CED makes the decompression software (N/CS), 1315 East West Highway, Silver available to the end user as part of the (ii) Edition number of each cell Spring, MD 20910. redistribution service. Decompressed provided; (2) The written comments shall files must have the same CRC checksum (iii) Updates provided for each cell; contain at least: value as the original files. The CED (iv) Method of distribution for each (i) Identification and contact agrees to make the compression/ customer. information of the CED or CEVAD; decompression software and (2) The registry may also include (ii) A statement that CED or CEVAD documentation available to NOAA for information about the type and size of is responding to an initial written testing. notification of potential termination by vessel that the NOAA ENC data has (iii) Encryption. The NOAA ENC files OCS; and been provided for as well as an may be encrypted by CED, providing (iii) A thorough but concise argument anonymous unique identifier for the that the encryption/decryption process as to why CED or CEVAD believes that vessel. does not result in any information loss its certification should not be § 995.22 Training of data users. and that CED makes the decryption terminated. (d) The Director of OCS will take all CED or CEVAD shall provide some software available to the end user as timely written comments into account form of product training and education part of the redistribution service. before taking final action, and in no case materials to the customer to ensure that Decrypted files must have the same CRC will the Director take final action until the end user has a sufficient level of checksum value as the original files. at least 45 days after CED or CEVAD’s information about the intended use of CED shall make the encryption/ receipt of the initial written notification. the derived product and what is needed decryption software and documentation A decision to terminate by the Director to properly use it (e.g., requires certain available to NOAA for testing. of OCS will state the reasons for equipment). (2) Frequency of distribution. CED termination and respond to all timely shall make all current editions of NOAA § 995.23 Acquisition of data. written comments submitted. Any final ENC files and all updates to or new (a) CED or CEVAD shall obtain official editions of NOAA ENC files available to action taken by OCS constitutes final  agency action on the matter. NOAA ENC files only by directly its customers within five working days (e) CED or CEVAD shall notify all downloading them from an official of the files or updates being posted by recipients of its products that its NOAA ENC site on the Internet. NOAA. Documentation shall be certification has been revoked, and that (b)(1) After downloading NOAA ENC provided to the customer concerning the product may no longer be valid for files, CED or CEVAD shall uncompress any time delays that may occur between use. In addition, the CED or CEVAD the files and compute a CRC checksum official release of a NOAA ENC or shall provide the dates of non- value for each NOAA ENC file and update, and CED providing same to end compliance. verify that it matches the CRC checksum users. value contained in the CATALOG.031 (3) Distribution report. CED shall § 995.16 Term of certification. file provided with the NOAA ENC files provide a bi-annual report on when The term of certification is five years by NOAA. This is to ensure that no NOAA ENC files were downloaded and from the date of issuance. At the end of NOAA ENC files have been corrupted when they were redistributed to end- the certification term, the process must during the download process. users.

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(4) Additional data. (i) If CED provide a clear indication in the product (i) The quality objectives and the provides other data to customers in which data are from official NOAA ENC organizational structure, addition to NOAA ENC data (e.g., ENC data and which data are not. This shall responsibilities, and powers of data from other nations, raster chart be done in a way that allows the management with regard to production data, privately produced data, etc.), CED navigation system to give the end user quality; shall provide a clear indication to the an automatic notification or warning (ii) The techniques, processes, and customer which files are official NOAA that particular data elements within the systematic actions that will be used for ENC data and which files are not. This product are not from the official NOAA quality management throughout the may be accomplished through means ENC. Any such data shall not degrade production process, including NOAA such as package labeling, notifications the official NOAA ENC data or ENC conversion and the quality of the in software, or other means. information. product being redistributed; (ii) Additionally, any data that is (ii) Additionally, any data that is (iii) The examination and tests that included with NOAA ENC data must included with NOAA ENC data must will be carried out before, during, and not result in embarrassment to the not result in embarrassment to the after processes essential for the quality Department of Commerce or NOAA. Department of Commerce or NOAA. of the product, and the frequency with There must be no conflict with any There must be no conflict with any which they will be carried out; trademark rights and the inclusion of trademark rights and the inclusion of (iv) The quality records, such as non-NOAA data will not constitute any non-NOAA data will not constitute any inspection records and test data, endorsement of or favoritism toward the endorsement of or favoritism toward the qualification reports of personnel non-NOAA data or CED. non-NOAA data or CEVAD. concerned resulting from the program (5) Identification of type and contents. (4) Identification of type and contents. specified herein; and CED shall ensure that NOAA ENC files (v) The means for monitoring the CEVAD shall ensure that data provided provided to an end user are clearly achievement of the required quality of to an end user clearly identify which identified as to the type (e.g., direct the product and the effective operation NOAA ENC files are included in the unaltered copies) and contents (cells, of the quality management system. product as to the type (e.g., NOAA ENCs updates, and ancillary files) and (3) Design and development changes authenticity of the exchange set. This in another form than that provided by shall be reviewed, verified, and may be accomplished through means NOAA without degradation to validated as appropriate and approved such as package labeling, notifications positional accuracy or informational by the ISO 9001 certification authority in software, or other means. content) and the contents (cells, (or equivalent if another quality (6) Use of product. CED shall provide updates, and ancillary files) and management system is used) before a clear indication to the customer the authenticity of the NOAA ENC files implementation. purpose of its products; for example, used. This may be accomplished (4) If the type approved conversion indicating whether or not the product, through means such as package labeling, software is maintained by a third party, and the data contained within it, is notifications in software, or other CEVAD shall ensure that no changes suitable for navigation and if it meets means. made to the conversion software render Federal chart carriage requirements. If (5) Use of product. CEVAD shall the type approval of the conversion only some of the files meet Federal provide a clear indication to the software invalid, and shall evaluate the carriage requirements, CED shall customer of the purpose of its products; effects of such changes on the end users provide clear indication which files do for example, indicating whether or not of the product. and which files do not. This may be the product, and the data contained (5) CEVAD shall analyze both internal accomplished through means such as within it, is suitable for navigation and information and that received from package labeling, notifications in if it meets Federal chart carriage external parties in order to continually software, or other means. requirements. If only some of the files monitor and improve the production (b) Distribution of data by CEVADs. meet Federal carriage requirements, process and the product being (1) Frequency of distribution. CEVAD CEVAD shall provide clear indication redistributed. shall make all current editions of NOAA which files do and which files do not. (6) CEVAD shall ensure that ENC files and all updates to or new This may be accomplished through personnel performing work affecting the editions of NOAA ENC files available to means such as package labeling, production process are competent with its customers within five working days notifications in software, or other regard to appropriate education, of the files or updates being posted by means. training, skills, and expertise. NOAA. Documentation shall be (7) CEVAD shall conduct internal § 995.25 Quality management system. provided to the customer concerning audits at planned intervals to determine any time delays that may occur between (a) Quality management system for whether the quality management system official release of a NOAA ENC or CEVADs. (1) CEVAD shall operate a conforms to the requirements of this update, and CED providing same to end quality management system, based on part and is effectively implemented and users. ISO 9001–2000 or equivalent, which maintained. The audit program shall (2) Distribution report. CEVAD shall embraces all elements of the process take into consideration the individual provide a bi-annual report to NOAA on used to process and redistribute NOAA processes’ importance in relation to the when NOAA ENC files were ENC files. The minimum requirements product quality, as well as results of downloaded and when they were for such a quality management system previous audits. Selection of auditors redistributed or made available to end are those defined in this part. The and conducting of audits shall, as far as users. quality management system must ensure practicable, insure objectivity and (3) Additional data. (i) If CEVAD that the production process complies impartiality in the audit process. provides products to customers that with all relevant requirements of this (8) CEVAD shall ensure that actions incorporate other data in addition to part. are taken without undue delay to NOAA ENC data (e.g., ENC data from (2) The quality management system eliminate detected non-conformities and other nations, raster chart data, privately must, at a minimum, include an their causes. Follow-up activities shall produced data, etc.), CEVAD shall adequate account of: include the verification of the actions

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taken and the reporting of verification stated in § 995.24(a)(4)(ii) and (b)(3)(ii); these certification requirements under the results. and there can be no endorsement or authority of Section 104 of the Hydrographic (b) [Reserved] favoritism toward the distributor or Services Improvement Act Amendments of value added distributor using the 2002, 33 U.S.C. 892b(b)(1).  The information on these forms is not § 995.26 Conversion of NOAA ENC files emblem, or other appearance of to other formats. associated with performance of agency impropriety. (a) Conversion of NOAA ENC files to functions. (c) Certification under this part does Public reporting burden for this collection other formats. (1) Content. CEVAD may not automatically grant the distributor of information is estimated to average 16 provide NOAA ENC data in forms other or value added distributor the right to hours per response, including the time for than that provided by NOAA. However, use the NOAA logo. Use of the NOAA reviewing instructions, searching existing CEVAD shall not change the logo without express permission from data sources, gathering and maintaining the information content provided by the NOAA and the Department of data needed, and completing and reviewing NOAA ENC. This means that all features the collection of information. Send Commerce will be considered grounds comments regarding this burden estimate or and their associated attribution must be for denial of an application for preserved in the CEVADs data files any other aspect of this collection of certification or termination of information, including suggestions for without degradation to positional certification. reducing this burden, to accuracy or informational content. (d) Emblem use by certified [email protected]. (2) Software certification. Conversion distributors or certified value added Responses to this collection are considered of NOAA ENC data to other formats distributors of NOAA electronic voluntary, though they are required for must be accomplished within the products. (1) After receiving separate, certification. constraints of IHO Technical Resolution written permission from NOAA and the The information requested on these forms will not be disseminated to the public or A3.11: ‘‘ENC/SENC Distribution Department of Commerce as described Option’’ (incorporated by reference, see used to support information that will be in paragraph (a) of this section, a CED disseminated to the public. Any disclosure of § 995.2)—in particular, paragraph three: or CEVAD may use the NOAA emblem propriety information will be held in Distributors who are to supply the in product labeling and advertising confidentiality as regulated under the Trade SENC service must operate under the materials, but only in conjunction with Secrets Act. NOAA will not violate that Act’s regulations of the issuing authority. The the phrase ‘‘Certified NOAA ENC prohibitions against unauthorized agency onshore ENC to SENC conversion must Distributor’’ or ‘‘Certified NOAA ENC disclosures of trade secrets or other be performed using type-approved Value Added Distributor,’’ as confidential business information. Notwithstanding any other provision of the software. applicable, and only after receiving (3) Error reporting. Any errors law, no person is required to, nor shall any separate, written permission from person be subject to a penalty for failure to, detected during the conversion process NOAA and the Department of comply with a collection of information shall be logged and investigated prior to Commerce as described in paragraph subject to the requirements of the Paperwork releasing the data in which the errors (d)(2) of this section. Reduction Act, unless that collection of occurred. Any errors that apparently (2) If the NOAA emblem is used with information displays a currently valid OMB originate in the NOAA ENC files shall products that include other data, clear Control Number. [OMB Control #0648–0508 be immediately reported to NOAA. indication must be provided to the Expires 05/31/2008] (4) Format check. CEVAD shall ensure customer indicating that the emblem Application for Certification as ‘‘Certified that the converted data conforms to the and the phrase ‘‘Certified NOAA ENC NOAA ENC Distributor’’ CEVAD’s own format specifications and Distributor’’ or ‘‘Certified NOAA ENC Company Name shall test load the converted data to Value Added Distributor’’ does not Company Address ensure that it will correctly load and apply to the entire product delivered. Company Phone Number display on the intended equipment. Information on the effects of such Company Fax Number (b) [Reserved] limitation must be provided to the Company E-Mail Address Point of Contact § 995.27 Format validation software customer (See § 995.24(a)(4) and (5) and (b)(3) and (4).) Point of Contact Address testing. Point of Contact Phone Number Tests shall be performed verifying, as § 995.29 Limitation on endorsements. Point of Contact Fax Number Point of Contact E-Mail Address far as reasonable and practicable, that By certifying compliance with this CEVAD’s data testing software performs part, NOAA does not automatically, This is a request for the above named the checks, as specified by CEVAD, for company or individual (hereinafter referred directly, or indirectly endorse any to as Distributor) to be certified as a verifying that the converted data product or service provided, or to be conforms to its own proprietary product ‘‘Certified NOAA ENC Distributor’’ (CED). provided, by distributor or value added This document describes how each of the specification. These tests may be distributor or its successors, assignees, requirements for certification is being met. combined with testing of the conversion or licensees. The distributor or value Descriptive titles after each number in software. added distributor shall not in any way parenthesis on this application correspond to section titles in 15 CFR, chapter IX, § 995.28 Use of NOAA emblem. imply that this certification is an endorsement of any such product or Subchapter F, Part 995—Certification (a) Permission for the use of the service without separate, written requirements for Distributors of NOAA NOAA emblem must be obtained by hydrographic products. The numbers after permission from NOAA and the formally requesting such permission each descriptive title refer to the section Department of Commerce. from NOAA and the Department of number within 15 CFR part 995. The Commerce through NOAA’s Office of Appendix A To Subpart C of Part 995— Distributor should use these section numbers Coast Survey. Certification Application Templates to insure that the requirements are being fully understood and met by the Distributor (b) Use of the NOAA emblem must Notice to respondents: prior to submitting the application. satisfy an interest of the Department; the This information is being collected by (1) Correspondence and applications/ use may not result in embarrassment to NOAA to ascertain qualifications for requests for certification (995.10 (a)). the Department; there must be no certification as an authorized distributor of Distributor acknowledges and agrees to all conflict with any trademark rights, as official NOAA ENC data. NOAA developed procedures and requirements pertaining to

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the certification process described in 15 CFR contents of the data as described by this (1) Correspondence and applications/ part 995. requirement. requests for certification (995.10 (a)). (2) Correspondence and applications/point (16) Distribution of data/identification of Distributor acknowledges and agrees to all of contact (995.10 (d)). Distributor agrees to contents (995.24(a)(5)). Distributor shall procedures and requirements pertaining to immediately notify the Government of any provide examples of how the contents of the the certification process described in 15 CFR changes to point of contact information. NOAA ENC files will be identified to the part 995. (3) Transfer of certification (995.13). users. (2) Correspondence and applications/point Document other entities that will be assisting (17) Distribution of data/use of product of contact (995.10 (d)). Distributor agrees to in the production or redistribution of the (995.24(a)(6)). Distributor shall provide immediately notify the Government of any derived product. Provide the names and examples of how the data users will be changes to point of contact information. duties of those entities to meet this informed as to the purpose of its products as (3) Transfer of certification (995.13). requirement. described in this requirement. Document other entities that will be assisting (4) Auditing (995.14). Distributor (18) Use of NOAA emblem (995.28). in the production or redistribution of the acknowledges that NOAA reserves the right Distributor acknowledges that a separate derived product. Provide the names and to audit Distributor to ensure that all request for the use of the NOAA emblem duties of those entities to meet this requirements in 15 CFR part 995 are being must be submitted according to the requirement. met. procedure described in this requirement. (4) Auditing (995.14). Distributor (5) Termination of certification (995.15). (19) Limitation on endorsements (995.29). acknowledges that NOAA reserves the right Distributor acknowledges the conditions Distributor acknowledges that NOAA does to audit Distributor to ensure that all leading to and procedures for the termination not automatically, directly, or indirectly requirements in 15 CFR part 995 are being of certification as described in this endorse any product or service provided, or met. requirement. to be provided, by Distributor, its successors, (5) Termination of certification (995.15). (6) Term of certification (995.16). assignees, or licensees. Distributor shall not Distributor acknowledges the conditions Distributor acknowledges that the duration of in any way imply that this certification is an leading to and procedures for the termination certification is five years from the date of endorsement of any such product or service of certification as described in this issuance. without separate, written permission. requirement. (7) Registry of data users (995.21). Include (20) Liability (995.7). By signing this (6) Term of certification (995.16). a description of the data user registry, request for certification, Distributor pledges Distributor acknowledges that the duration of including: (a) What data elements it contains, to indemnify and hold harmless the U.S. certification is five years from the date of specifically showing how the required Government for any loss, claim, damage, or issuance. elements are included; (b) A hardcopy liability of any kind, the extent caused by the (7) Registry of data users (995.21). Include sample of the report that will be periodically negligence of Distributor or its employees, a description of the data user registry, submitted to NOAA; (c) A short description arising out of the use by the Distributor, or including: (a) What data elements it contains, any Party acting on its behalf or under its of how the registry is maintained.  specifically showing how the required (8) Training of data users (995.22). Include authorization, of NOAA ENC data. elements are included; (b) A hardcopy a copy of any documentation provided to Signature of this request constitutes an sample of the report that will be periodically users that is intended to meet this acknowledgement by Distributor of ALL submitted to NOAA; (c) A short description requirement. applicable terms and conditions described in of how the registry is maintained. (9) Acquisition of data (995.23). Distributor the certification requirements in 15 CFR part (8) Training of data users (995.22). Include asserts that all procedures described in this 995. a copy of any documentation provided to lllllllllllllllll requirement for the acquisition of NOAA Signed: users that is intended to meet this ENC data for redistribution are being Title: llllllllllllllllll requirement. followed. Date: llllllllllllllllll (9) Acquisition of data (995.23). Distributor (10) Distribution of data/general [OMB Control #0648–0508 Expires 05/31/ asserts that all procedures described in this (995.24(a)(1)(i)). Distributor asserts that all 2008] requirement for the acquisition of NOAA NOAA ENC data redistributed will be in the ENC data for redistribution are being format described by this requirement. Application for Certification as ‘‘Certified followed. (11) Distribution of data/compression NOAA ENC Value Added Distributor’’ (10) Distribution of data/frequency of (995.24(a)(1)(ii)). Distributor shall indicate if Company Name distribution (995.24(b)(1)). Value Added data compression techniques are used. If Company Address Distributor asserts that any updates will be Distributor uses data compression Company Phone Number transmitted to their users within the time techniques, Distributor asserts that the Company Fax Number constraints described by this requirement. process meets the necessary regulations Company E-Mail Address (11) Distribution of data/distribution report described by this requirement. Point of Contact (995.24(b)(2)).Value Added Distributor shall (12) Distribution of data/encryption Point of Contact Address provide an example of the distribution report (995.24(a)(1)(iii)). Distributor shall indicate if Point of Contact Phone Number described by this requirement. data encryption techniques are used. If Point of Contact Fax Number (12) Distribution of data/additional data Distributor uses data encryption techniques, Point of Contact E-Mail Address (995.24(b)(3)). Value Added Distributor shall Distributor asserts that the process meets the This is a request for the above named indicate if additional data is to be distributed necessary regulations described by this company (hereinafter referred to as Value with the NOAA ENC data. If so, Value Added requirement. Added Distributor) to be certified as a Distributor shall provide examples of how (13) Distribution of data/frequency of ‘‘Certified NOAA ENC Value Added the data users will be informed as to the distribution (995.24(a)(2)). Distributor asserts Distributor’’ (CEVAD). This document official and unofficial contents of the data as that any updates will be transmitted to their describes how each of the requirements for described in this requirement. users within the time constraints described certification is being met. Descriptive titles (13) Distribution of data/identification of by this requirement. after each number in parenthesis on this contents (995.24(b)(4)). Value Added (14) Distribution of data/distribution report application correspond to section titles in 15 Distributor shall provide examples of how (995.24(a)(3)). Distributor shall provide an CFR, chapter IX, Subchapter F, Part 995— the contents of the NOAA ENC files will be example of the distribution report described Certification requirements for Distributors of identified to the users. by this requirement. NOAA hydrographic products. The numbers (14) Distribution of data/use of product (15) Distribution of data/additional data after each descriptive title refer to the section (995.24(b)(5)). Distributor shall provide (995.24(a)(4)). Distributor shall indicate if number within 15 CFR, part 995. The examples of how the data users will be additional data is to be distributed with the Distributor should use these section numbers informed as to the purpose of its products as NOAA ENC data. If so, Distributor shall to insure that the requirements are being described in this requirement. provide examples of how the data users will fully understood and met by the Distributor (15) Quality management system (995.25). be informed as to the official and unofficial prior to submitting the application. Value Added Distributor shall provide a copy

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of the ISO 9001–2000 certification or Dated: August 9, 2005. released in whole or in part at Stage 3 certification of compliance with an Richard W. Spinrad, when the operator has completed equivalent program of quality management Assistant Administrator for Ocean Services successfully all mining and reclamation that covers the processes described in this and Coastal Zone Management, National activities and has made provisions with section of the requirements. Oceanic and Atmospheric Administration. PADEP for the sound future treatment of (16) Conversion of NOAA ENC files to [FR Doc. 05–16033 Filed 9–2–05; 8:45 am] any pollutional discharges.’’ other formats (995.26(a)(1)). Value Added Distributor asserts that all NOAA ENC BILLING CODE 3510–JE–P Accordingly, we decided to clarify our content and accuracy are preserved during finding in support of the decision in this the conversion process as described in this regard. This clarification is limited to an section of the requirements. DEPARTMENT OF THE INTERIOR expansion of this finding only, and does (17) Conversion of NOAA ENC files to not change or otherwise affect our other formats/software certification Office of Surface Mining Reclamation decision to aprove Section 4(g)(3). We (995.26(a)(2)). Value Added Distributor shall and Enforcement are expanding the finding related to provide a copy of the type approval Section 4(g)(3) to read: certificate for the software used to convert 30 CFR Part 938 * * * * * the NOAA ENC files to the Value Added Distributor’s format. [PA–124–FOR] PASMCRA (18) Conversion of NOAA ENC files to Pennsylvania Regulatory Program * * * * * other formats/error reporting (995.26(a)(3)). Section 4(g)(3) was modified to Value Added Distributor asserts that they AGENCY: shall log and report any errors in the NOAA Office of Surface Mining expressly indicate that the remaining ENC data detected during the conversion Reclamation and Enforcement (OSM), portion of the bond could be released in process. Value Added Distributor shall Interior. whole or part at Stage 3 when the provide an example of the report format that ACTION: Final rule; clarification. operator has completed successfully all they will use. mining and reclamation activities and (19) Conversion of NOAA ENC files to SUMMARY: The Office of Surface Mining has made provisions with PADEP for other formats/format check (995.26(a)(4)). Reclamation and Enforcement (OSM) is the sound future treatment of any Value Added Distributor asserts that all data clarifying its decision with respect to pollutional discharges. That portion of shall be checked for conformance with Value one section of an amendment to the the permit required for post-mining Added Distributor’s own format Pennsylvania regulatory program water treatment remains under bond as specifications and shall test load the (Pennsylvania program) under the part of the provisions for future converted data as described in this section of Surface Mining Control and treatment of any pollutional discharges. the requirements. Reclamation Act of 1977 (SMCRA). The (20) Format validation software testing Therefore, this is a form of partial bond (995.27). The validation software used by amendment concerned revisions to the release as provided for in 30 CFR Value Added Distributor shall be tested Pennsylvania Surface Mining 800.40(c) and can be approved. according to this requirement and the results Conservation and Reclamation Act The Federal regulations do not allow stated in this section of the request for (PASMCRA) and implementing full bond release until all requirements certification. regulations at 25 Pa. Code Chapters 86– of the State program and the permit (21) Use of NOAA emblem (995.28). Value 90 with regard to various issues have been met. However, Pennsylvania Added Distributor acknowledges that a including bonding, remining and has made clear in its comments on this separate request for the use of the NOAA reclamation, postmining discharges, and amendment that the reference to the emblem must be submitted according to the water supply protection/replacement. ‘‘whole’’ bond that can be released procedure described in this requirement. We approved this amendment, with actually refers to the original bond. That (22) Limitation on endorsements (995.29). original, standard bond can be fully Value Added Distributor acknowledges that certain exceptions, in a final rule released at Stage 3 where it is replaced NOAA does not automatically, directly, or published in the Federal Register on indirectly endorse any product or service May 13, 2005 (70 FR 25472–25491). by another approved financial provided, or to be provided, by Value Added This clarification supplements a instrument, such as a trust fund as a Distributor, its successors, assignees, or previous finding made in Section III. collateral bond that will fully secure the licensees. Value Added Distributor shall not OSM’s Findings. However, it does not long-term water treatment obligation. in any way imply that this certification is an change or otherwise affect our decision This method, which uses a collateral endorsement of any such product or service made in Section V. OSM’s Decision. bond, is the ‘‘provision’’ for ‘‘sound without separate, written permission. EFFECTIVE DATE: September 6, 2005. future of any pollutional discharges.’’ (23) Liability (995.7). By signing this Additionally, Pennsylvania’s request for certification, Value Added FOR FURTHER INFORMATION CONTACT: regulations at 25 Pa. Code 86.151(j), Distributor pledges to indemnify and hold George Rieger, Director, Pittsburgh Field which provides that release of bonds harmless the U.S. Government for any loss, Division, Telephone: (717) 782–4036, does not alleviate the operator’s claim, damage, or liability of any kind, the e-mail: [email protected]. responsibility to treat discharge of mine extent caused by the negligence of Value SUPPLEMENTARY INFORMATION: In our Added Distributor or its employees, arising drainage emanating from, or out of the use by the Value Added May 13, 2005, decision, we approved, hydrologically connected to, the site to Distributor, or any party acting on its behalf among other provisions, Section 4(g)(3) the standards in the permit, PASMCRA, or under its authorization, of NOAA ENC of PASMCRA, pertaining to Stage 3 the Clean Stream Law, the Federal data. bond release (70 FR at 25491). Our Water Pollution Control Act (or Clean Signature of this request constitutes an finding with respect to Section 4(g)(3) is Water Act) and the rules and regulations acknowledgement by Value Added on page 25474, Col. 2, the first complete thereunder, provides guidance as to Distributor of ALL applicable terms and paragraph and the ensuing three what qualifies as sound future conditions described in the certification paragraphs. After publication, a member treatment. Based upon Pennsylvania’s requirements. of the public pointed out a possible clarification about long term financial Signed: lllllllllllllllll ambiguity with respect to our finding in assurance, we construe the references to Title: llllllllllllllllll support of approving the phrase, ‘‘the ‘‘release of bonds’’ in section 86.151(j) Date: llllllllllllllllll remaining portion of the bond could be to mean the release of the original bond,

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that is replaced by another bond, being available in the docket, are part of change to the temporary regulation the whether it be a trust fund or other docket (CGD01–05–081) and are bridge owner again changed their financial instrument used as a collateral available for inspection or copying at request. The bridge owner advised the bond, that will cover the area and cost the First Coast Guard District, Bridge Coast Guard that the night closure plan of treatment facilities. Therefore, to the Branch Office, 408 Atlantic Avenue, would not work due to known adverse extent that the reference in section Boston, Massachusetts, 02110, between public response to nighttime operations. 4(g)(3) to release of the ‘‘whole’’ bond 7 a.m. and 3 p.m., Monday through As a result of the late notice from the means the original bond that is replaced Friday, except Federal holidays. bridge owner and the necessity to by the new bond in the form of another FOR FURTHER INFORMATION CONTACT: Mr. complete vital repairs, the Coast Guard financial assurance mechanism, that John W. McDonald, Project Officer, First is now revising the current rules to reference is approved. Coast Guard District, (617) 223–8364. allow the bridge to open less frequently during the daytime. Section 4(g)(3) was also amended by SUPPLEMENTARY INFORMATION: deleting bond release language Background and Purpose applicable to noncoal surface mining Regulatory Information operations. Since SMCRA contains no The SR 27 Bridge has a vertical We did not publish a notice of clearance of 10 feet at mean high water, counterpart to this language, the proposed rulemaking (NPRM) for this deletion of the language does not render and 19 feet at mean low water in the regulation. Under 5 U.S.C. 553(b)(3), the closed position. The permanent the Pennsylvania program inconsistent Coast Guard finds that good cause exists with SMCRA or the implementing drawbridge operating regulations at 33 for not publishing an NPRM. CFR 117.5, which were suspended from Federal regulations. Additionally, under 5 U.S.C. 553(b)(B), For the above noted reasons, we are March 14, 2005 through November 30, the Coast Guard finds that good cause 2005, require the bridge to open on approving the amendments to Section exists for making this temporary final signal at all times. 4(g)(3). rule effective less than 30 days after On January 5, 2005, we published a Dated: July 14, 2005. publication in the Federal Register. The notice of proposed rulemaking (NPRM) Brent Wahlquist, Coast Guard believes that not publishing entitled Drawbridge Operation Regional Director, Appalachian Region. an NPRM and making this final rule Regulations, Townsend Gut, Maine, in [FR Doc. 05–17613 Filed 9–2–05; 8:45 am] effective less than 30 days after the Federal Register (70 FR 773). We publication is necessary for the reasons BILLING CODE 4310–05–M received no comments in response to discussed below, coupled with the fact the notice of proposed rulemaking. No that the bridge rehabilitation is public hearing was requested and none necessary, vital work that must be DEPARTMENT OF HOMELAND was held. performed in order to assure the SECURITY On March 16, 2005, we published a continued, safe, and reliable operation temporary final rule (TFR) entitled Coast Guard of the bridge. Any delay in the Drawbridge Operation Regulations, implementation of this regulation would Townsend Gut, Maine, in the Federal 33 CFR Part 117 not be in the best interest of the public Register (70 FR 12805). and public safety. On July 23, 2005, the bridge owner [CGD01–05–081] On January 5, 2005, we published a requested additional regulatory action to RIN 1625–AA09 notice of proposed rulemaking (NPRM) help facilitate the timely completion of entitled Drawbridge Operation the bridge painting portion of this Drawbridge Operation Regulations, Townsend Gut, Maine, in project. The contractor’s progress would Regulations:Townsend Gut, ME the Federal Register (70 FR 773). We not allow completion of the project received no comments in response to before the winter months when painting AGENCY: Coast Guard, DHS. the notice of proposed rulemaking. No operations are not possible due to cold ACTION: Temporary final rule. public hearing was requested and none temperatures. As a result, the Coast was held. Then, on March 16, 2005, we Guard is revising the current temporary SUMMARY: The Coast Guard is published a temporary final rule (TFR) rules to allow the bridge to open less temporarily changing the drawbridge entitled Drawbridge Operation frequently during the daytime. A half- operation regulations for the operation Regulations, Townsend Gut, Maine, in hour advance notice will be required to of the SR 27 Bridge, at mile 0.7, across the Federal Register (70 FR 12805) allow the construction workers Townsend Gut, between Boothbay which suspended the existing sufficient time to clear the bridge before Harbor and Southport, Maine. This regulations and put in place temporary each bridge opening. Under this temporary rule allows the bridge to rules effective until November 30, 2005. temporary rule the bridge will open open at specific times between 6 a.m. On July 23, 2005, the bridge owner during the daytime at 6 a.m., 12 p.m., and 8 p.m., after a half-hour advance requested additional regulatory action to 6 p.m. and 8 p.m., after a half-hour notice is given. Additionally, this help facilitate the timely completion of notice is given by calling the number temporary rule allows the bridge to the bridge painting aspect of this posted at the bridge. At all other times remain closed for nine days, September project. The contractor’s progress would from 8 p.m. until 6 a.m., the bridge will 19, 2005 through September 27, 2005. not allow completion of the project on open on signal. This action is necessary to help time before the winter months, which In order to facilitate necessary repairs, facilitate rehabilitation construction and require painting operations to stop due the bridge owner requested a nine-day painting at the bridge. to cold temperatures. As a result, the bridge closure from September 19, 2005 DATES: This rule is effective from bridge owner requested that the bridge through September 27, 2005. Therefore, September 6, 2005 through November remain closed at night from 8 p.m. in addition to the 4 closure periods 30, 2005. through 6 a.m. to allow the contractor identified in the March 16, 2005 ADDRESSES: Comments and material uninterrupted time to complete the temporary final rule, which have received from the public, as well as bridge repairs and painting. However, already occurred, the bridge will be documents indicated in this preamble as before we could publish the requested closed from September 19, 2005 through

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September 27, 2005 under this use an alternate route should they need Interference with Constitutionally regulation. to transit at other times. Protected Property Rights. Discussion of Changes Assistance for Small Entities Civil Justice Reform The Coast Guard is changing Under section 213(a) of the Small This rule meets applicable standards temporary final rule 117.T536, which Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive authorized the bridge to open at 6 a.m., Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to 8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 p.m., we offered to assist small entities in minimize litigation, eliminate and 6 p.m., after a half-hour notice is understanding the rule so that they ambiguity, and reduce burden. could better evaluate its effects on them given. This temporary final rule changes Protection of Children that schedule to allow the bridge to and participate in the rulemaking open at 6 a.m., 12 p.m., 6 p.m., and 8 process. We have analyzed this rule under p.m. after a half-hour notice is given by During the course of rulemaking upon Executive Order 13045, Protection of calling the number posted at the bridge. this bridge, beginning on January 5, Children from Environmental Health At all other times from 8 p.m. to 6 a.m., 2005, no small entities requested Coast Risks and Safety Risks. This rule is not the bridge will open on signal. In Guard assistance and none was given. an economically significant rule and addition, a nine-day closure is in effect Small businesses may send comments does not concern an environmental risk from September 19, 2005 through on the actions of Federal employees to health or risk to safety that may September 27, 2005. who enforce, or otherwise determine disproportionately affect children. compliance with, Federal regulations to Indian Tribal Governments Regulatory Evaluation the Small Business and Agriculture This final rule does not have tribal This rule is not a ‘‘significant Regulatory Enforcement Ombudsman implications under Executive Order regulatory action’’ under section 3(f) of and the Regional Small Business 13175, Consultation and Coordination Executive Order 12866, Regulatory Fairness Boards. The with Indian Tribal Governments, RegulatoryPlanning and Review, and Ombudsman evaluates these actions because it does not have substantial does not require an assessment of annually and rates each agency’s direct effect on one or more Indian potential costs and benefits under responsiveness to small business. If you tribes, on the relationship between the section 6(a)(3), of that Order. The Office wish to comment on actions by Federal Government and Indian tribes, of Management and Budget has not employees of the Coast Guard, call 1– or on the distribution of power and reviewed it under that Order. It is not 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal ‘‘significant’’ under the regulatory Collection of Information Government and Indian tribes. policies and procedures of the Department of Homeland Security This rule calls for no new collection Energy Effects of information under the Paperwork (DHS). We have analyzed this rule under This conclusion is based on the fact Reduction Act of 1995 (44 U.S.C. 3501– 3520). Executive Order 13211, Actions that vessel traffic will still be able to Concerning Regulations That transit through the SR 27 Bridge under Federalism Significantly Affect Energy Supply, a fixed opening schedule. Vessel A rule has implications for federalism Distribution, or Use. We have operators may adjust their schedules to under Executive Order 13132, determined that it is not a ‘‘significant correspond with the opening schedule Federalism, if it has a substantial direct energy action’’ under that order because at the bridge. Vessel operators may also effect on State or local governments and it is not a ‘‘significant regulatory action’’ use the alternate route should they need would either preempt State law or under Executive Order 12866 and is not to transit at other times. impose a substantial direct cost of likely to have a significant adverse effect Small Entities compliance on them. We have analyzed on the supply, distribution, or use of this rule under that Order and have energy. The Administrator of the Office Under the Regulatory Flexibility Act determined that it does not have of Information and Regulatory Affairs (5 U.S.C. 601–612), we considered implications for federalism. has not designated it as a significant whether this rule would have a energy action. Therefore, it does not significant economic impact on a Unfunded Mandates Reform Act require a Statement of Energy Effects substantial number of small entities. The Unfunded Mandates Reform Act under Executive Order 13211. The term ‘‘small entities’’ comprises of 1995 (2 U.S.C. 1531–1538) requires Technical Standards small businesses, not-for profit Federal agencies to assess the effects of organizations that are independently their discretionary regulatory actions. In The National Technology Transfer owned and operated and are not particular, the Act addresses actions and Advancement Act (NTTAA) (15 dominant in their fields, and that may result in the expenditure by U.S.C. 272 note) directs agencies to use governmental jurisdictions with State, local, or tribal government, in the voluntary consensus standards in their populations less than 50,000. aggregate, or by the private sector of regulatory activities unless the agency The Coast Guard certifies under 5 $100,000,000 or more in any one year. provides Congress, through the Office of U.S.C. 605(b), that this rule will not Though this rule will not result in such Management and Budget, with an have a significant economic impact on an expenditure, we do discuss the explanation of why using these a substantial number of small entities. effects of this rule elsewhere in this standards would be inconsistent with This conclusion is based on the fact preamble. applicable law or otherwise impractical. that vessel traffic will still be able to Voluntary consensus standards are transit through the SR 27 Bridge under Taking of Private Property technical standards (e.g., specifications a fixed opening schedule. Vessel This rule will not affect a taking of of materials, performance, design, or operators may adjust their schedules to private property or otherwise have operation; test methods; sampling correspond with the opening schedule taking implications under Executive procedures; and related management at the bridge. Vessels operators may also Order 12630, Governmental Actions and systems practices) that are developed or

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adopted by voluntary consensus ENVIRONMENTAL PROTECTION of the Federal Register (OFR). The standards bodies. AGENCY description of the revised SIP This proposed rule does not use document, IBR procedures and technical standards. Therefore, we did 40 CFR Part 52 ‘‘Identification of plan’’ format are not consider the use of voluntary [DC102–2050; FRL–7953–9] discussed in further detail in the May consensus standards. 22, 1997 Federal Register document. Approval and Promulgation of Air On December 7, 1998, (63 FR 67407) Environment Quality Implementation Plans; District EPA published a document in the Federal Register beginning the new IBR We have analyzed this final rule of Columbia; Update to Materials procedure for the District of Columbia. under Commandant Instruction Incorporated by Reference On August 6, 2004 (69 FR 47773), EPA M16475.1D, which guides the Coast AGENCY: Environmental Protection published an update to the IBR material Guard in complying with the National Agency (EPA). for the District of Columbia. In this Environmental Policy Act of 1969 ACTION: Final rule; Notice of action, EPA is doing the following: (NEPA) (42 U.S.C. 4321–4370f), and administrative change. 1. Announcing the second update to have concluded that there are no factors the material being IBR’ed. in this case that would limit the use of SUMMARY: EPA is updating the materials 2. Making corrections to the chart a categorical exclusion under section submitted by the District of Columbia listed in § 52.470(c), as described below: 2.B.2 of the Instruction. Therefore, this that are incorporated by reference (IBR) a. Chapter 1 (General), Section 199 rule is categorically excluded, under into the State implementation plan (Definitions and Abbreviations)— figure 2–1, paragraph (32)(e), of the (SIP). The regulations affected by this Entries for Section 199 which were Instruction, from further environmental update have been previously submitted inadvertently removed by a December documentation. It has been determined by the State agency and approved by 28, 2004 rulemaking action are being that this final rule does not significantly EPA. This update affects the SIP restored to the table. impact the environment. materials that are available for public b. Chapter 3 (Operating Permits), List of Subjects in 33 CFR Part 117 inspection at the National Archives and Section 307, the State effective date is Records Administration (NARA), the revised to read ‘‘4/16/04.’’ Bridges. Air and Radiation Docket and c. Chapter 6 (Particulates), Section Information Center located at EPA Regulations 600.1—In the ‘‘Additional explanation’’ Headquarters in Washington, DC, and column, a brief description of the For the reasons set out in the the EPA Regional Office. revision is added. preamble, the Coast Guard amends 33 EFFECTIVE DATE: This action is effective d. Chapter 7 (Volatile Organic CFR part 117 as follows: September 6, 2005. Compounds), Section 715—the State ADDRESSES: SIP materials which are effective date is revised to read ‘‘4/16/ PART 117—[AMENDED] incorporated by reference into 40 CFR 04.’’ part 52 are available for inspection at e. Chapter 7, Sections 749 through I 1. The authority citation for part 117 the following locations: Air Protection 754—an entry is added to the continues to read as follows: Division, U.S. Environmental Protection ‘‘Additional explanation’’ column to Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Agency, Region III, 1650 Arch Street, reference a related correction final Department of Homeland Security Delegation Philadelphia, Pennsylvania 19103; the rulemaking action. No. 170.1; section 117.255 also issued under Air and Radiation Docket and f. Chapter 7, Section 799—An entry the authority of Pub. L. 102–587, 106 Stat. Information Center, U.S. Environmental for Section 799 which was inadvertently 5039. Protection Agency, 1301 Constitution deleted by a December 23, 2004 Avenue NW., Room B108, Washington, rulemaking action is being restored. I 2. Revise § 117.T536 to read as g. Chapter 7, Section 799—The entry follows: DC 20460; or the National Archives and Records Administration (NARA). For in the ‘‘Title/subject’’ column is revised § 117.T536 Townsend Gut. information on the availability of this to read ‘‘Definitions and Abbreviations.’’ h. Chapter 7, Section 799—Language material at NARA, call 202–741–6030, The draw of the SR 27 Bridge, mile is added to the ‘‘Additional or go to: http://www.archives.gov/ 0.7, across Townsend Gut shall operate explanation’’ column to provide a brief federal_register/ as follows: explanation of the entries for this code_of_federal_regulations/ section. (a) From September 6, 2005 through ibr_locations.html. November 30, 2005, the SR 27 Bridge i. Chapter 8 (Asbestos, Sulfur, and shall open on signal at 6 a.m., 12 p.m., FOR FURTHER INFORMATION CONTACT: Nitrogen Oxides), Section 805—In the 6 p.m., and 8 p.m., after at least a half- Harold A. Frankford, (215) 814–2108 or ‘‘EPA approval date’’ column, the hour advance notice is given by calling by e-mail at [email protected]. Federal Register page citation is the number posted at the bridge. At all SUPPLEMENTARY INFORMATION: revised, and the language in the other times from 8 p.m. to 6 a.m. the The SIP is a living document which ‘‘Additional explanation’’ section is draw shall open on signal. the state can revise as necessary to revised to include citations for all of the (b) From September 19, 2005 through address the unique air pollution revised paragraphs. September 27, 2005, the bridge need not problems in the State. Therefore, EPA EPA has determined that today’s falls open for the passage of vessel traffic. from time to time must take action on under the ‘‘good cause’’ exemption in SIP revisions containing new and/or section 553(b)(3)(B) of the Dated: August 25, 2005. revised regulations as being part of the Administrative Procedures Act (APA) Mark J. Campbell, SIP. On May 22, 1997 (62 FR 27968), which, upon finding ‘‘good cause,’’ Captain, U.S. Coast Guard, Acting First EPA revised the procedures for authorizes agencies to dispense with District Commander. incorporating by reference Federally- public participation and section [FR Doc. 05–17714 Filed 9–1–05; 2:26 pm] approved SIPs, as a result of 553(d)(3) which allows an agency to BILLING CODE 4910–15–P consultations between EPA and Office make a rule effective immediately

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(thereby avoiding the 30-day delayed approves a state rule implementing a need in this action to reopen the 60-day effective date otherwise provided for in Federal standard, and does not alter the period for filing such petitions for the APA). Today’s simply codifies relationship or the distribution of power judicial review for these ‘‘Identification provisions which are already in effect as and responsibilities established in the of plan’’ update actions for the District a matter of law in Federal and approved Clean Air Act. This rule also is not of Columbia. State programs. Under section 553 of the subject to Executive Order 13045 APA, an agency may find good cause ‘‘Protection of Children from List of Subjects in 40 CFR Part 52 where procedures are ‘‘impractical, Environmental Health Risks and Safety Environmental protection, Air unnecessary, or contrary to the public Risks’’ (62 FR 19885, April 23, 1997), pollution control, Carbon monoxide, interest.’’ Public comment is because it is not economically Incorporation by reference, ‘‘unnecessary’’ and ‘‘contrary to the significant. Intergovernmental relations, Lead, public interest’’ since the codification In reviewing SIP submissions, EPA’s Nitrogen dioxide, Ozone, Particulate only reflects existing law. Immediate role is to approve state choices, matter, Reporting and recordkeeping notice in the CFR benefits the public by provided that they meet the criteria of requirements, Sulfur oxides, Volatile removing outdated citations and the Clean Air Act. In this context, in the organic compounds. incorrect chart entries. absence of a prior existing requirement Dated: August 9, 2005. for the State to use voluntary consensus Thomas Voltaggio, Statutory and Executive Order Reviews standards (VCS), EPA has no authority Acting Regional Administrator, Region III. A. General Requirements to disapprove a SIP submission for failure to use VCS. It would thus be I 40 CFR part 52 is amended as follows: Under Executive Order 12866 (58 FR inconsistent with applicable law for 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, PART 52—[AMENDED] not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission I therefore is not subject to review by the 1. The authority for citation for part 52 that otherwise satisfies the provisions of Office of Management and Budget. For continues to read as follows: the Clean Air Act. Thus, the this reason, this action is also not Authority: 42.U.S.C. 7401 et seq. requirements of section 12(d) of the subject to Executive Order 13211, National Technology Transfer and ‘‘Actions Concerning Regulations That Subpart J—District of Columbia Advancement Act of 1995 (15 U.S.C. Significantly Affect Energy Supply, 272 note) do not apply. This rule does I 2. Section 52.470 is amended by Distribution, or Use’’ (66 FR 28355, May not impose an information collection revising paragraphs (b) and (c) to read 22, 2001). This action merely approves burden under the provisions of the as follows: state law as meeting Federal Paperwork Reduction Act of 1995 (44 requirements and imposes no additional U.S.C. 3501 et seq.). § 52.470 Identification of plan. requirements beyond those imposed by * * * * * state law. Accordingly, the B. Submission to Congress and the (b) Incorporation by reference. Administrator certifies that this rule Comptroller General (1) Material listed as incorporated by will not have a significant economic The Congressional Review Act, 5 reference in paragraphs (c) and (d) was impact on a substantial number of small U.S.C. 801 et seq., as added by the Small approved for incorporation by reference entities under the Regulatory Flexibility Business Regulatory Enforcement by the Director of the Federal Register Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides in accordance with 5 U.S.C. 552(a) and rule approves pre-existing requirements that before a rule may take effect, the 1 CFR part 51. The material under state law and does not impose agency promulgating the rule must incorporated is as it exists on the date any additional enforceable duty beyond submit a rule report, which includes a of the approval, and notice of any that required by state law, it does not copy of the rule, to each House of the change in the material will be published contain any unfunded mandate or Congress and to the Comptroller General in the Federal Register. Entries in significantly or uniquely affect small of the United States. EPA will submit a paragraphs (c) and (d) of this section governments, as described in the report containing this rule and other with EPA approval dates on or after Unfunded Mandates Reform Act of 1995 required information to the U.S. Senate, August 1, 2005 will be incorporated by (Pub. L. 104–4). This rule also does not the U.S. House of Representatives, and reference in the next update to the SIP have tribal implications because it will the Comptroller General of the United compilation. not have a substantial direct effect on States prior to publication of the rule in (2) EPA Region III certifies that the one or more Indian tribes, on the the Federal Register. This rule is not a rules/regulations provided by EPA at relationship between the Federal ‘‘major rule’’ as defined by 5 U.S.C. the addresses in paragraph (b)(3) of this Government and Indian tribes, or on the 804(2). section are an exact duplicate of the distribution of power and officially promulgated State rules/ responsibilities between the Federal C. Petitions for Judicial Review regulations which have been approved Government and Indian tribes, as EPA has also determined that the as part of the State implementation plan specified by Executive Order 13175 (65 provisions of section 307(b)(1) of the as of August 1, 2005. FR 67249, November 9, 2000). This Clean Air Act pertaining to petitions for (3) Copies of the materials action also does not have Federalism judicial review are not applicable to this incorporated by reference may be implications because it does not have action. Prior EPA rulemaking actions for inspected at the EPA Region III Office at substantial direct effects on the States, each individual component of the 1650 Arch Street, Philadelphia, PA on the relationship between the District of Columbia SIP compilations 19103; the EPA, Air and Radiation National Government and the States, or had previously afforded interested Docket and Information Center, Air on the distribution of power and parties the opportunity to file a petition Docket (6102), 1301 Constitution responsibilities among the various for judicial review in the United States Avenue NW., Room B108, Washington, levels of government, as specified in Court of Appeals for the appropriate DC 20460; or at the National Archives Executive Order 13132 (64 FR 43255, circuit within 60 days of such and Records Administration (NARA). August 10, 1999). This action merely rulemaking action. Thus, EPA sees no For information on the availability of

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this material at NARA, call 202–741– code_of_federal_regulations/ 6030, or go to: http://www.archives.gov/ ibr_locations.html. federal_register/ (c) EPA-approved regulations.

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject State effective date EPA approval date Additional explanation

District of Columbia Municipal Regulations (DCMR), Title 20—Environment

Chapter 1—General

Section 100 ...... Purpose, Scope and Construction 3/15/85 8/28/95, 60 FR 44431 ... Section 101 ...... Inspection ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 102 ...... Orders for Compliance ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 104 ...... Hearings ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 105 ...... Penalty ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 106 ...... Confidentiality of Reports ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 107 ...... Control Devices or Practices ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 199 ...... Definitions and Abbreviations ...... 4/29/97 7/31/97, 62 FR 40937 ... Section 199 ...... Definitions and Abbreviations ...... 4/29/97 12/7/99, 62 FR 68293 ... Definitions of the terms Actual emissions, allowable emissions, begin actual construction, com- mence, complete, major modi- fication, necessary preconstruction approvals or permits, net emissions in- crease, new source, potential to emit, shutdown, and signifi- cant. Section 199 ...... Defintions and Abbreviations ...... 12/8/00 5/9/01, 66 FR 23614 ..... defintion of ‘‘carrier’’. Section 199 ...... Definitions and Abbreviations ...... 4/16/04 12/28/04, 69 FR 77647 Revised Definition of Major Sta- tionary Source. Section 8–2: 702 .... Definitions; definition of ‘‘stack’’ ... 7/7/72 9/22/72, 37 FR 19806 ... Section 8–2: 724 .... Variances ...... 7/7/72 9/22/72, 37 FR 19806 ...

Chapter 2—General and Non-attainment Area Permits

Section 200 ...... General Permit Requirements ..... 4/29/97 7/31/97, 62 FR 40937 ... Section 201 ...... General Requirements for Permit 4/29/97 7/31/97, 62 FR 40937 ... Issuance. Section 202 ...... Modification, Revocation and Ter- 4/29/97 7/31/97, 62 FR 40937 ... mination of Permits. Section 204 ...... Permit Requirements for Sources 4/16/04 12/28/04, 69 FR 77647 Revised Paragraph 204.4. Affecting Nonattainment Areas. Section 206...... Notice and Comment Prior to 4/29/97 7/31/97, 62 FR 40937 ... Permit Issuance. Section 299 ...... Definitions and Abbreviations ...... 4/29/97 7/31/97, 62 FR 40937 ... Section 8–2:720(c) Permits to Construct or Modify; 7/7/72 9/22/72, 37 FR 19806 ... Requirement for Operating Per- Permits to Operate. mit.

Chapter 3—Operating Permits

Section 307...... Enforcement for Severe Ozone 4/16/04 12/28/04, 69 FR 77639 Provision allowing for the District Nonattainment Areas. to collect penalty fees from major stationary sources if the nonattainment area does not attain the ozone standard by the statutory attainment date.

Chapter 4—Ambient Monitoring, Emergency Procedures, Chemical Accident Prevention and Conformity

Section 400 ...... Air Pollution Reporting Index ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 401 ...... Emergency Procedures ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 403...... Determining Conformity of Fed- 11/6/98 6/5/03, 68 FR 33638 ..... eral Actions to State or Federal Implementation Plans. Section 499 ...... Definitions and Abbreviations ...... 3/15/85 8/28/95, 60 FR 44431 ...

Chapter 5—Source Monitoring and Testing

Sections 500.1 Records and Reports ...... 3/15/85 8/28/95, 60 FR 44431 ... through 500.3. Sections 500.4, Records and Reports ...... 9/30/93 1/26/95, 60 FR 5134 ..... 500.5. Section 500.6 ...... Records and Reports ...... 9/30/93 10/27/99, 64 FR 57777

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

State citation Title/subject State effective date EPA approval date Additional explanation

Section 500.7...... Records and Reports—Emission 9/30/93 5/26/95, 60 FR 27944 ... Statements. Section 501 ...... Monitoring Devices ...... 3/15/85 8/28/95, 60 FR 44431 ... Sections 502.1 Sampling, Tests and Measure- 3/15/85 8/28/95, 60 FR 44431 ... Exceptions: Paragraphs 5.11, through 502.15. ments. 5.12 and 5.14 are not part of the SIP. Section 502.17...... Sampling Tests, and Measure- 9/30/93 10/27/99, 64 FR 57777 ments. Section 502.18...... Sampling Tests, and Measure- 12/8/00 5/9/01, 66 FR 23614 ..... ments. Section 599 ...... Definitions and Abbreviations ...... 9/30/93 10/27/99, 64 FR 57777

Chapter 6—Particulates

Section 600...... Fuel-Burning Particulate Emis- 4/16/04 12/28/04, 69 FR 77645 Revision to paragraph 600.1. sions. Section 601 ...... Rotary Cup Burners ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 602 ...... Incinerators ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 603 ...... Particulate Process Emissions ..... 3/15/85 8/28/95, 60 FR 44431 ... Section 604 ...... Open Burning ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 605 ...... Control of Fugitive Dust ...... 3/15/85 8/28/95, 60 FR 44431. Section 606 ...... Visible Emissions ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 699 ...... Definitions and Abbreviations ...... 3/15/85 8/28/95, 60 FR 44431 ...

Chapter 7—Volatile Organic Compounds

Section 700 ...... Organic Solvents ...... 3/15/85 10/27/99, 64 FR 57777 Section 701.1 Storage of Petroleum Products .... 3/15/85 10/27/99, 64 FR 57777 through 701.13. Section 702 ...... Control of VOC leaks from Petro- 3/15/85 10/27/99, 64 FR 57777 leum Refinery Equipment. Section 703.2, 703.3 Terminal Vapor Recovery—Gaso- 3/15/85 10/27/99, 64 FR 57777 line or VOCs. Section 703.1, 703.4 Terminal Vapor Recovery—Gaso- 9/30/93 10/27/99, 64 FR 57777 through 703.7. line or VOCs. Section 704 ...... Stage I—Vapor Recovery ...... 3/15/85 10/27/99, 64 FR 57777 Section 705.1 Stage II—Gasoline Vapor Recov- 9/30/93 10/27/99, 64 FR 57777 through 705.3. ery. Section 705.4 Stage II—Gasoline Vapor Recov- 3/15/85 10/27/99, 64 FR 57777 through 705.14. ery. Section 706 ...... Petroleum Dry Cleaners ...... 3/15/85 10/27/99, 64 FR 57777 Section 707 ...... Perchloroethylene Dry Cleaning .. 3/15/85 10/27/99 64 FR 57777 .. Section 708 ...... Solvent Cleaning (Degreasing) .... 3/15/85 10/27/99, 64 FR 57777 Section 709 ...... Asphalt Operations ...... 3/15/85 10/27/99, 64 FR 57777 Section 710 ...... Engraving and Plate Printing ...... 3/15/85 8/4/92, 57 FR 34249 ..... Section 711 ...... Pumps and Compressors ...... 3/15/85 10/27/99, 64 FR 57777 Section 712 ...... Waste Gas Disposal from Ethyl- 3/15/85 10/27/99, 64 FR 57777 ene Producing Plant. Section 713 ...... Waste Gas Disposal from Vapor 3/15/85 10/27/99, 64 FR 57777 Blow-down System. Section 715...... Reasonably Available Control 4/16/04 12/28/04, 69 FR 77647 Revised paragraphs 715.2, 715.3, Technology. and 715.4(b). Section 716 ...... Offset Lithography ...... 10/2/98 10/27/99, 64 FR 57777 Section 718 ...... Mobile Equipment Repair and Re- 11/26/04 12/23/05, 69 FR 76855 finishing. Section 719 ...... Consumer Products—General 4/16/04, 12/28/04, 69 FR 77642 Requirements. 11/26/04 Section 720 ...... Consumer Products—VOC 4/16/04, 12/28/04, 69 FR 77642 Standards. 11/28/04 Section 721 ...... Consumer Products—Exemptions 04/16/04, 12/28/04, 69 FR 77642 from VOC Standards. 11/28/04 Section 722 ...... Consumer Products—Registered 04/16/04, 12/28/04, 69 FR 77642 Under FIFRA. 11/28/04 Section 723 ...... Consumer Products—Products 04/16/04, 12/28/04, 69 FR 77642 Requiring Dilution. 11/28/04 Section 724 ...... Consumer Products—Ozone De- 04/16/04, 12/28/04, 69 FR 77642 pleting Compounds. 11/28/04 Section 725 ...... Consumer Products—Aerosol Ad- 4/16/04, 12/28/04, 69 FR 77642 hesives. 11/28/04 Section 726 ...... Consumer Products—Anti- 4/16/04, 12/28/04, 69 FR 77642 perspirants or Deodorants. 11/28/04

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

State citation Title/subject State effective date EPA approval date Additional explanation

Section 727 ...... Consumer Products—Charcoal 4/16/04, 12/28/04, 69 FR 77642 Lighter Materials. 11/28/04 Section 728 ...... Consumer Products—Floor Wax 4/16/04, 12/28/04, 69 FR 77642 Strippers. 11/28/04 Section 729 ...... Consumer Products—Labeling of 4/16/04, 12/28/04, 69 FR 77642 Contents. 11/28/04 Section 730 ...... Consumer Products—Reporting 4/16/04, 12/28/04, 69 FR 77642 Requirements. 11/28/04 Section 731 ...... Consumer Products—Test Meth- 4/16/04, 12/28/04, 69 FR 77642 ods. 11/28/04 Section 732 ...... Consumer Products—Alternative 4/16/04, 12/28/04, 69 FR 77642 Control Plans. 11/28/04 Section 733 ...... Consumer Products—Innovative 4/16/04, 12/28/04, 69 FR 77642 Products Exemption. 11/28/04 Section 734 ...... Consumer Products—Variance 4/16/04, 12/28/04, 69 FR 77642 Requests. 11/28/04 Section 735...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—General Requirements. 11/26/04 Section 736...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—Performance Stand- 11/26/04 ards. Section 737...... Portable Fuel Containers and 4/16/04 12/29/04, 69 FR 77903 Spouts—Exemptions From Per- 11/26/04 formance Standards. Section 738...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—Labeling Require- 11/26/04 ments. Section 739...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—Testing Procedures. 11/26/04 Section 740...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—Innovative Product Ex- 11/26/04 emption. Section 741...... Portable Fuel Containers and 4/16/04, 12/29/04, 69 FR 77903 Spouts—Variance. 11/26/04 Section 742 ...... Solvent Cleaning—General Re- 4/16/04, 12/29/04, 69 FR 77906 quirements. 11/26/04 Section 743 ...... Solvent Cleaning—Cold Cleaning 4/16/04, 12/29/04, 69 FR 77906 11/26/04 Section 744 ...... Solvent Cleaning—Batch Vapor 4/16/04, 12/29/04, 69 FR 77906 Cleaning. 11/26/04 Section 745 ...... Solvent Cleaning—In-Line Vapor 4/16/04, 12/29/04, 69 FR 77906 Cleaning. 11/26/04 Section 746 ...... Solvent Cleaning—Airless and 4/16/04, 12/29/04, 69 FR 77906 Air-Tight Cleaning. 11/26/04 Section 747 ...... Solvent Cleaning—Alternative 4/16/04, 12/29/04, 69 FR 77906 Compliance. 11/26/04 Section 748 ...... Solvent Cleaning—Record- 4/16/04, 12/29/04, 69 FR 77906 keeping and Monitoring. 11/26/04 Section 749 ...... Architectural and Industrial Main- 4/16/04, 5/12/05, 70 FR 24959 ... Correction FRN published 5/19/05 tenance Coating—General Re- 11/26/04 (70 FR 28988). quirements. Section 750 ...... Architectural and Industrial Main- 4/16/04, 5/12/05, 70 FR 24959 ... tenance Coating—Standards. 11/26/04 Section 751 ...... Architectural and Industrial Main- 4/16/04, 5/12/05, 70 FR 24959 ... tenance Coating—Exemptions. 11/26/04 Section 753 ...... Architectural and Industrial Main- 4/16/04, 5/12/05, 70 FR 24959 ... tenance Coating—Reporting 11/26/04 Requirements. Section 754 ...... Architectural and Industrial Main- 4/16/04, 5/12/05, 70 FR 24959 ... tenance Coating—Testing Re- 11/26/04 quirements. Section 799 ...... Definitions and Abbreviations ...... 09/30/93 10/27/99, 64 FR 57777 ...... 11/26/04 12/23/04, 69 FR 76855 Definitions related to Section 718 ...... 4/16/04 12/28/04, 69 FR 77642 Definitions related to Sections 11/26/04 719 through 734 ...... 4/16/04, 12/29/04, 69 FR 77903 Definitions related to Sections 11/26/04 735 through 741 ...... 4/16/04, 12/29/04, 69 FR 77906 Definitions related to Sections 11/26/04 742 through 748

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

State citation Title/subject State effective date EPA approval date Additional explanation

...... 4/16/04, 5/12/05, 70 FR 24959 ... Definitions related to Sections 11/26/04 748 through 754. Correction FRN published 5/19/05 (70 FR) 28988.

Chapter 8—Asbestos, Sulfur and Nitrogen Oxides

Section 801 ...... Sulfur Content of Fuel Oils ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 802 ...... Sulfur Content of Coal ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 803 ...... Sulfur Process Emissions ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 804 ...... Nitrogen Oxide Emissions ...... 3/15/85 8/28/95, 60 FR 44431 ... Section 805...... Reasonably Available Control 4/16/04 12/28/04, 69 FR 77645, Revised paragraphs 805.1(a), Technology for Major Sta- 69 FR 77647. 805.1(a)(3) and (4), 805.1(b) tionary Sources of Oxides of and (c), 805.5(b) and (c), Nitrogen. 805.6, and 805.7. Section 899 ...... Definitions and Abbreviations ...... 3/15/85 8/28/95, 60 FR 44431 ...

Chapter 9—Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants

Section 904 ...... Oxygenated Fuels ...... 7/25/97 5/9/01, 66 FR 23614 ..... Addition of subsection 904.3 to make the oxygenated gasoline program a CO continency measure. Section 915...... National Low Emissions Vehicle 2/11/00 7/20/00, 65 FR 44981 ... Program. Section 999 ...... Definitions and Abbreviations ...... 2/11/00 7/20/00, 69 FR 44981 ...

Chapter 10—Nitrogen Oxides Emissions Budget Program

Section 1000 ...... Applicability ...... 12/8/00 12/22/00, 65 FR 80783 Section 1001 ...... General Provisions ...... 12/8/00 12/22/00, 65 FR 80783 Section 1002 ...... Allowance Allocation ...... 12/8/00 12/22/00, 65 FR 80783 Section 1003 ...... Permits ...... 12/8/00 12/22/00, 65 FR 80783 Section 1004 ...... Allowance Transfer and Use ...... 12/8/00 12/22/00, 65 FR 80783 Section 1005 ...... Allowance Banking ...... 12/8/00 12/22/00, 65 FR 80783 Section 1006 ...... NOX Allowance Tracking system 12/8/00 12/22/00, 65 FR 80783 Section 1007 ...... Emission Monitoring ...... 12/8/00 12/22/00, 65 FR 80783 Section 1008 ...... Record Keeping ...... 12/8/00 12/22/00, 65 FR 80783 Section 1009 ...... Reporting ...... 12/8/00 12/22/00, 65 FR 80783 Section 1010 ...... End-of-Season Reconciliation ...... 12/8/00 12/22/00, 65 FR 80783 Section 1011 ...... Compliance Certification ...... 12/8/00 12/22/00, 65 FR 80783 Section 1012 ...... Penalties ...... 12/8/00 12/22/00, 65 FR 80783 Section 1013 ...... Program Audit ...... 12/8/00 12/22/00, 65 FR 80783 Section 1014 ...... NOX Budget Trading Program for 5/1/01 11/1/01, 66 FR 55099 ... State Implementation Plans. Section 1099 ...... Definitions and Abbreviations ...... 12/8/00 12/22/00, 65 FR 80783

Appendices

Appendix 1...... Emission Limits for Nitrogen 3/15/85 8/28/95, 60 FR 44431 ... Oxide. Appendix 2...... Table of Allowable Particulate 3/15/85 8/28/95, 60 FR 44431 ... Emissions from Process Sources. Appendix 3 ...... Graphic Arts Sources ...... 3/15/85 8/28/95, 60 FR 44431 ... Appendix 5...... Test Methods for Sources of 09/30/93 10/27/99, 64 FR 57777 Volatile Organic Compounds.

District of Columbia Municipal Regulations (DCMR), Title 18—Vehicles and Traffic

Chapter 4—Motor Vehicle Title and Registration

Section 411...... Registration of Motor Vehicles: 10/10/86 6/11/99, 64 FR 31498 ... General Provisions. Section 412 ...... Refusal of Registration ...... 10/17/97 6/11/99, 64 FR 31498 ... Section 413 ...... Application for Registration ...... 9/16/83 6/11/99, 64 FR 31498 ... Section 429 ...... Enforcement of Registration and 3/4/83 6/11/99, 64 FR 31498 ... Reciprocity Requirements.

Chapter 6—Inspection of Motor Vehicles

Section 600 ...... General Provisions ...... 4/23/82 6/11/99, 64 FR 31498 ... Section 602 ...... Inspection Stickers ...... 3/15/85 6/11/99, 64 FR 31498 ...

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EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued

State citation Title/subject State effective date EPA approval date Additional explanation

Section 603 ...... Vehicle Inspection: Approved Ve- 6/29/74; Recodified 4/ 6/11/99, 64 FR 31498 ... hicles. 1/81 Section 604 ...... Vehicle Inspection: Rejected Ve- 11/23/84 4/10/86, 51 FR 12322 ... hicles. Section 606...... Vehicle Inspecton: Condemned 6/29/74; Recodified 4/ 6/11/99, 64 FR 31498 ... Vehicles. 1/81 Section 607 ...... Placement of Inspection Stickers 4/7/77; Recodified 4/ 6/11/99, 64 FR 31498 ... on Vehicles. 1/81 Section 608...... Lost, Mutilated or Detached In- 6/30/72; Recodified 4/ 6/11/99, 64 FR 31498 ... spection Stickers. 1/81 Section 609...... Inspection of Non-Registered 6/30/72; Recodified 4/ 6/11/99, 64 FR 31498 ... Motor Vehicles. 1/81 Section 617 ...... Inspector Certification ...... 7/22/94 6/11/99, 64 FR 31498 ... Section 618...... Automotive Emissions Repair 7/22/94 6/11/99, 64 FR 31498 ... Technician. Section 619 ...... Vehicle Emission Recall Compli- 10/17/97 6/11/99, 64 FR 31498 ... ance.

Chapter 7—Motor Vehicle Equipment

Section 701 ...... Historic Motor Vehicles ...... 2/25/78; Recodified 4/ 6/11/99, 64 FR 31498 ... 1/81 Section 750 ...... Exhaust Emission Systems ...... 4/26/77; Recodified 4/ 6/11/99, 64 FR 31498 ... 1/81 Section 751...... Compliance with Exhaust Emis- 7/22/94 6/11/99, 64 FR 31498 ... sion Standards. Section 752 ...... Maximum Allowable Levels of Ex- 10/17/97 6/11/99, 64 FR 31498 ... haust Components. Section 753...... Inspection of Exhaust Emission 5/23/83 4/10/86, 51 FR 12322 ... Systems. Section 754...... Federal Transient Emissions 7/22/94 6/11/99, 64 FR 31498 ... Test: Testing Procedures. Section 755...... Federal Transient Emissions 7/22/94 6/11/99, 64 FR 31498 ... Test: Equipment. Section 756...... Federal Transient Emissions 7/22/94 6/11/99, 64 FR 31498 ... Test: Quality Assurance Proce- dures.

Chapter 11—Motor Vehicle Offenses and Penalties

Section 1101...... Offenses Related to Title, Reg- 6/30/72; Recodified 4/ 6/11/99, 64 FR 31498 ... istration, and Identification Tags. 1/81

Section 1103...... Offenses Related to Inspection 6/30/72; Recodified 4/ 6/11/99, 64 FR 31498 ... Stickers. 1/81 Section 1104...... False Statements, Alterations, 11/29/91 6/11/99, 64 FR 31498 ... Forgery, and Dishonored Checks. Section 1110 ...... Penalties for Violations ...... 11/29/91 6/11/99, 64 FR 31498 ...

Chapter 26—Civil Fines for Moving and Non-Moving Violations

Section 2600.1 ...... Infraction: Inspection, Registration 8/31/90 6/11/99, 64 FR 31498 ... Certificate, Tags.

Chapter 99—Definitions

Section 9901 ...... Definitions ...... 10/17/97 6/11/99, 64 FR 31498 ... Definition of ‘‘Emission Recall No- tice.’’

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* * * * * Region 9, 75 Hawthorne Street, San (CO) area to attainment for the carbon [FR Doc. 05–17538 Filed 9–2–05; 8:45 am] Francisco, CA 94105–3901. monoxide (CO) national ambient air BILLING CODE 6560–50–P Instructions: All comments will be quality standard (NAAQS), and (3) included in the public docket without redesignating the boundary of the change and may be made available metropolitan Phoenix CO area to ENVIRONMENTAL PROTECTION online at http://docket.epa.gov/rmepub/ exclude the Gila River Indian AGENCY , including any personal information Reservation. See 70 FR 11553 (March 9, provided, unless the comment includes 2005). Our March 9th final rulemaking 40 CFR Parts 52 and 81 Confidential Business Information (CBI) contained amendments to 40 CFR part or other information whose disclosure is 52 relating to the two SIP submittals and [R09–OAR–2005–AZ–0003; FRL–7960–8] restricted by statute. Information that amendments to 40 CFR part 81 relating Approval and Promulgation of you consider CBI or otherwise protected to the redesignation actions. Three of Implementation Plans and Designation should be clearly identified as such and these amendments were incorrect. of Areas for Air Quality Planning should not be submitted through the First, in the regulatory language we Purposes; Arizona; Correction of agency Web site, eRulemaking portal, or added as 40 CFR 52.120(c)(118), we Redesignation of Phoenix to e-mail. The agency Web site and incorrectly listed ADEQ’s adoption and submittal date for the Revised MAG Attainment for the Carbon Monoxide eRulemaking portal are ‘‘anonymous 1999 Serious Area Carbon Monoxide Standard access’’ systems, and EPA will not know your identify or contact information Plan for the Maricopa County AGENCY: Environmental Protection unless you provide it in the body of Nonattainment Area (March 2001) as Agency (EPA). your comment. If you send e-mail March 30, 2001. The correct date for ACTION: Direct final rule. directly to EPA, your e-mail address both ADEQ’s adoption and submittal of will be automatically captured and this plan (to EPA) as a revision to the SUMMARY: In today’s action, EPA is included as part of the public comment. Arizona SIP is April 18, 2001 and taking direct final action to amend the If EPA cannot read your comment due today’s action revises 40 CFR regulations that identify revisions to the to technical difficulties and cannot 52.120(c)(118) accordingly. Arizona state implementation plan and contact you for clarification, EPA may Second, in 40 CFR 81.303, which the regulations that identify area not be able to consider your comment. contains a table describing in detail the designations within Arizona. In so Docket: The index to the docket for metropolitan Phoenix CO area, we did doing, EPA is acting pursuant to the this action is available electronically at not intend any change to paragraph 13 Agency’s authority under the Clean Air http://docket.epa.gov/rmepub and in as codified prior to our March 9th final Act to correct errors made in approving hard copy at EPA Region 9, 75 rule except for the added phrase at the plan revisions and area redesignations. Hawthorne Street, San Francisco, end of the paragraph (‘‘except that The purpose of this action is to correct California. While all documents in the portion in the Gila River Indian an error in the adoption and submittal docket are listed in the index, some Reservation’’), but, through date shown for a revision to the information may be publicly available transcription error, we made other implementation plan that EPA recently only at the hard copy location (e.g., changes to that paragraph that were approved and to correct a transcription copyrighted material), and some may unintended. In today’s notice, we are error in, and to make a more general not be publicly available in either correcting paragraph 13 by reinstating correction to, the boundary description location (e.g., CBI). To inspect the hard the prior language. of the metropolitan Phoenix carbon copy materials, please schedule an Third, also in the CO table in 40 CFR 81.303, we codified our action to monoxide area that EPA recently appointment during normal business redesignate the boundary of the redesignated to attainment. hours with the contact listed in the FOR metropolitan Phoenix CO area to FURTHER INFORMATION CONTACT section. EFFECTIVE DATE: This rule is effective on exclude the Gila River Indian November 7, 2005, without further FOR FURTHER INFORMATION CONTACT: Reservation by adding the phrase, notice, unless we receive adverse Wienke Tax, Air Planning Office (AIR– ‘‘except that portion in the Gila River comments by October 6, 2005. If we 2), U.S. Environmental Protection Indian Reservation,’’ to the end of each receive adverse comments, we will Agency, Region 9, (520) 622–1622 or e- of the 28 paragraphs that describe the publish a timely withdrawal in the mail to [email protected]. metropolitan Phoenix CO area. In 40 Federal Register to notify the public SUPPLEMENTARY INFORMATION: CFR 81.303, the metropolitan Phoenix that this rule will not take effect. Throughout this document, the terms CO area is described by reference to a ADDRESSES: Submit comments, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. point of origin (paragraph 1) that lies at identified by docket number R09–OAR– Table of Contents the southeast corner of the area followed 2005–AZ–__, by one of the following I. Background by a series of 27 contiguous lines methods: II. Final Action (paragraphs 2 through 28) that starts at 1. Agency Web site: http:// III. Statutory and Executive Order Reviews the point of origin and proceeds in a docket.epa.gov/rmepub/. EPA prefers counter-clockwise direction back to the receiving comments through this I. Background point of origin. We now find that electronic public docket and comment On March 9, 2005, pursuant to the excluding ‘‘the portion in the Gila River system. Follow the on-line instructions Clean Air Act (CAA), we published a Indian Reservation’’ from the point of to submit comments. final rulemaking action (1) approving origin and from each of the lines that 2. Federal eRulemaking Portal: various plan elements contained in two collectively define the CO area was http://www.regulations.gov. Follow the submittals of revisions to the Arizona erroneous because the description, as on-line instructions. state implementation plan (SIP) by the revised in our March 9th final rule, is 3. E-mail: [email protected]. Arizona Department of Environmental ambiguous as to its southern boundary. 4. Mail or deliver: Wienke Tax, Office Quality (ADEQ), (2) approving Arizona’s We continue to believe that the of Air Planning (AIR–2), U.S. request for the redesignation of the redesignation of the boundary of the Environmental Protection Agency, metropolitan Phoenix carbon monoxide metropolitan Phoenix CO area to

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exclude the Gila River Indian rules section of this Federal Register Executive Order to include regulations Reservation is appropriate and are publication, EPA is publishing a that have ‘‘substantial direct effects on taking action today to re-codify this separate document that will serve as the one or more Indian tribes, on the redesignation in a manner that avoids proposal to correct the errors described relationship between the Federal the unintended ambiguity introduced by herein should adverse comments be government and the Indian tribes, or on the regulatory text we used in our filed. This action will be effective the distribution of power and March 9th final rule. Specifically, in November 7, 2005, without further responsibilities between the Federal this action, we are revising each of the notice unless the EPA receives relevant government and Indian tribes.’’ 28 paragraphs that define the adverse comments by October 6, 2005. Under section 5(b) of Executive Order metropolitan Phoenix CO area in 40 If the EPA receives such comments, 13175, EPA may not issue a regulation CFR 81.303 to remove the phrase that then EPA will publish a document that has tribal implications, that we added in our March 9th final rule withdrawing the final rule and imposes substantial direct compliance (i.e., ‘‘except that portion in the Gila informing the public that the rule will costs, and that is not required by statute, River Indian Reservation’’) and are not take effect. All public comments unless the Federal government provides instead adding a new paragraph 29 that received will then be addressed in a the funds necessary to pay the direct states: ‘‘except that portion of the area subsequent final rule based on the compliance costs incurred by tribal defined by paragraphs 1 through 28 proposed rule. The EPA will not governments, or EPA consults with above that lies within the Gila River institute a second comment period. tribal officials early in the process of Indian Reservation.’’ Parties interested in commenting should developing the proposed regulation. We are taking this action under our do so at this time. If no such comments Under section 5(c) of Executive Order authority in CAA section 110(k)(6). are received, the public is advised that 13175, EPA may not issue a regulation Section 110(k)(6) provides, ‘‘Whenever this rule will be effective on November that has tribal implications and that the Administrator determines that the 7, 2005 and no further action will be preempts tribal law, unless the Agency Administrator’s action approving, taken on the proposed rule. Please note consults with tribal officials early in the disapproving, or promulgating any plan that if EPA receives adverse comment process of developing the proposed or plan revision (or part thereof), area on an amendment, paragraph, or section regulation. designation, redesignation, of this rule, and if that provision may be As discussed above, in a previous classification, or reclassification was in severed from the remainder of the rule, action, EPA excluded the Gila River error, the Administrator may in the EPA may adopt as final those provisions Indian Reservation from the same manner as the approval, of the rule that are not the subject of an metropolitan Phoenix CO area, and this disapproval, or promulgation revise adverse comment. action merely corrects the such action as appropriate without corresponding regulatory text. III. Statutory and Executive Order requiring any further submission from Consistent with EPA policy, EPA has Reviews the State.’’ For the reasons stated above, discussed the need for correction of the we are correcting errors in the Under Executive Order 12866 (58 FR previous action with representatives of regulatory language we promulgated in 51735, October 4, 1993), this action is the Gila River Indian Community. EPA approving a revision to the Arizona SIP, not a ‘‘significant regulatory action’’ and finds that this action, which simply in redesignating the metropolitan therefore is not subject to review by the corrects an action that the Agency has Phoenix CO area to attainment, and in Office of Management and Budget. For previously taken, will neither impose redesignating the boundary of the this reason, this action is also not substantial direct compliance costs on metropolitan Phoenix CO area to subject to Executive Order 13211, tribal governments, nor preempt tribal exclude the Gila River Indian ‘‘Actions Concerning Regulations That law. Thus, the requirements of sections Reservation. Significantly Affect Energy Supply, 5(b) and 5(c) of the Executive Order do Distribution, or Use’’ (66 FR 28355, May not apply to this rule. II. Final Action 22, 2001). This action merely corrects a This action also does not have In this action, EPA is correcting previous EPA action and imposes no Federalism implications because it does amendments to 40 CFR part 52, subpart additional requirements. Accordingly, not have substantial direct effects on the D, and 40 CFR part 81, subpart C, that the Administrator certifies that this rule States, on the relationship between the were contained in the final Federal will not have a significant economic national government and the States, or Register notice published on March 9, impact on a substantial number of small on the distribution of power and 2005 approving submittals of revisions entities under the Regulatory Flexibility responsibilities among the various to the Arizona state implementation Act (5 U.S.C. 601 et seq.). Because this levels of government, as specified in plan, redesignating the metropolitan rule corrects a previous EPA action and Executive Order 13132 (64 FR 43255, Phoenix carbon monoxide area to does not impose any additional August 10, 1999). This action merely attainment for the carbon monoxide enforceable duty, it does not contain corrects a previous EPA rule, and does National Ambient Air Quality any unfunded mandate or significantly not alter the relationship or the Standards, and redesignating the or uniquely affect small governments, as distribution of power and boundary of the metropolitan Phoenix described in the Unfunded Mandates responsibilities established in the Clean CO area to exclude the Gila River Indian Reform Act of 1995 (Pub. L. 104–4). Air Act. This rule also is not subject to Reservation. Specifically, this action Executive Order 13175, entitled Executive Order 13045 ‘‘Protection of amends 40 CFR 52.120 relating to the ‘‘Consultation and Coordination with Children from Environmental Health Arizona SIP and 40 CFR 81.303 Indian Tribal Governments’’ (65 FR Risks and Safety Risks’’ (62 FR 19885, describing the boundaries of the 67249, November 6, 2000), requires EPA April 23, 1997), because it is not metropolitan Phoenix CO area. to develop an accountable process to economically significant as defined in The EPA is publishing this rule ensure ‘‘meaningful and timely input by Executive Order 12866, and because the without prior proposal because the tribal officials in the development of Agency does not have reason to believe Agency views this as a noncontroversial regulatory policies that have tribal the environmental health or safety risks amendment and anticipates no adverse implications.’’ ‘‘Policies that have tribal addressed by this rule present a comments. However, in the proposed implications’’ are defined in the disproportionate risk to children.

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This rule does not involve of this rule for the purposes of judicial Subpart D—Arizona establishment of technical standards, review nor does it extend the time and thus, the requirements of section within which a petition for judicial I 2. Section 52.120 is amended by 12(d) of the National Technology review may be filed, and shall not revising paragraph (c)(118) to read as Transfer and Advancement Act of 1995 postpone the effectiveness of such rule follows: (15 U.S.C. 272 note) do not apply. This or action. This action may not be § 52.120 Identification of plan. rule does not impose an information challenged later in proceedings to collection burden under the provisions * * * * * enforce its requirements. (See CAA (c) * * * of the Paperwork Reduction Act of 1995 section 307(b)(2).) (44 U.S.C. 3501 et seq.). (118) The following plan was The Congressional Review Act, 5 List of Subjects submitted on April 18, 2001, by the U.S.C. section 801 et seq., as added by Governor’s designee. 40 CFR Part 52 the Small Business Regulatory (i) Incorporation by reference. (A) Arizona Department of Enforcement Fairness Act of 1996, Environmental protection, Air Environmental Quality. generally provides that before a rule pollution control, Carbon monoxide, (1) Revised MAG 1999 Serious Area may take effect, the agency Incorporation by reference, promulgating the rule must submit a Carbon Monoxide Plan for the Maricopa Intergovernmental relations, Reporting County Nonattainment Area, dated rule report, which includes a copy of and recordkeeping requirements. the rule, to each House of the Congress March 2001, adopted by the Maricopa and to the Comptroller General of the 40 CFR Part 81 Association of Governments on March United States. EPA will submit a report 28, 2001, and adopted by the Arizona containing this rule and other required Environmental protection, Air Department of Environmental Quality information to the U.S. Senate, the U.S. pollution control, National parks, on April 18, 2001. House of Representatives, and the Wilderness areas. PART 81—[AMENDED] Comptroller General of the United Dated: July 15, 2005. States prior to publication of the rule in Laura Yoshii, I 1. The authority citation for part 81 the Federal Register. A major rule Deputy Regional Administrator, Region IX. continues to read as follows: cannot take effect until 60 days after it Authority: 42 U.S.C. 7401 et seq. is published in the Federal Register. I Chapter I, title 40 of the Code of This action is not a ‘‘major rule’’ as Federal Regulations is amended as Subpart C—Section 107 Attainment defined by 5 U.S.C. section 804(2). follows: Status Designations Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of PART 52—[AMENDED] I 2. In § 81.303, the table entitled this action must be filed in the United ‘‘Arizona—Carbon Monoxide’’ is States Court of Appeals for the I 1. The authority citation for part 52 amended by revising the entry for the appropriate circuit by November 7, continues to read as follows: Phoenix Area to read as follows: 2005. Filing a petition for Authority: 42 U.S.C. 7401 et seq. reconsideration by the Administrator of § 81.303 Arizona. this final rule does not affect the finality * * * * *

ARIZONA—CARBON MONOXIDE

Designation Classification Designated area Date Type Date Type

Phoenix Area: Maricopa County (part) ...... 4/8/2005 Attainment Phoenix nonattainment area boundary: 1. Commencing at a point which is the intersection of the eastern line of Range 7 East, Gila and Salt River Baseline and Meridian, and the southern line of point Township 2 South, said point is the southeastern corner of Maricopa Association of Governments Urban Planning Area, which is the point of beginning; 2. thence, proceed northerly along the eastern line of Range 7 East, which is the common boundary between Maricopa and Pinal Counties, as described in Ari- zona Revised Statutes Section 11–109, to a point where the eastern line of Range 7 East intersects the northern line of Township 1 North, said point is also the intersection of the Maricopa County Line and the Tonto National Forest Boundary, as established by Executive Order 869 dated July 1, 1908, as amend- ed and and the shown on the U.S. Forest Service 1969 Planimetric Maps; 3. thence, westerly along the northern line of Township 1 North to pproximately the southwest corner of the southeast quarter of Section 35, Township 2 North, Range 7 East, said point being the boundary of the Tonto National Forest and Usery Mountain Semi-Regional Park; 4. thence, northerly along the Tonto National Forest Boundary, which is generally the western line of the east half of Sections 26 and 35 of Township 2 North, Range 7 East, to a point which is where the quarter section line intersects with the northern line of Section 26, Township 2 North, Range 7 East, said point also being the northeast corner of the Usery Mountain Semi-Regional Park;

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ARIZONA—CARBON MONOXIDE—Continued

Designation Classification Designated area Date Type Date Type

5. thence, westerly along the Tonto National Forest Boundary, which is generally the south line of Sections 19, 20, 21 and 22 and the southern line of the west half of Section 23, Township 2 North, Range 7 East, to a point whcih is the southwest corner of Section 19, Township 2 North, Range 7 East; 6. thence, northeasterly along the Tonto National Forest Boundary to a point where the Tonto National Forest Boundary intersects with the eastern boundary of the Salt River Indian Reservation, generally described as the center line of the Salt River Channel; 7. thence, northeasterly and northerly along the common boundary of the Tonto Na- tional Forest and the Salt River Indian Reservation to a point which is the north- east corner of the Salt River Indian Reservation and the southeast corner of the Fort McDowell Indian Reservation, as shown on the plat dated July 22, 1902, and recorded with the U.S. Government on June 15, 1902; 8. thence, northeasterly along the common boundary between the Tonto National Forest and the Fort McDowell Indian Reservation to a point which is the north- east corner of the Fort McDowell Indian Reservation; 9. thence, southwesterly along the northern boundary of the Fort McDowell Indian Reservation, which line is a common boundary with the Tonto National Forest, to a point where the boundary intersects with the eastern line of Section 12, Town- ship 4 North, Range 6 East; 10. thence, northerly along the eastern line of Range 6 East to a point where the eastern line of Range 6 East intersects with the southern line of Township 5 North, said line is the boundary between the Tonto National Forest and the east boundary of McDowell Mountain Regional Park; 11. thence, westerly along the southern line of Township 5 North to a point where the southern line intersects with the eastern line of Range 5 East which line is the boundary of Tonto National Forest and the north boundary of McDowell Mountain Regional Park; 12. thence, northerly along the eastern line of Range 5 East to a point where the eastern line of Range 5 East intersects with the northern line of Township 5 North, which line is the boundary of the Tonto National Forest; 13. thence, westerly along the northern line of Township 5 North to a point where the northern line of Township 5 North intersects with the easterly line of Range 4 East, said line is the boundary of Tonto National Forest; 14. thence, northerly along the eastern line of Range 4 East to a point where the eastern line of Range 4 East intersects with the northern line of Township 6 North, which line is the boundary of the Tonto National Forest; 15. thence, westerly along the northern line of Township 6 North to a point of inter- section with the Maricopa-Yavapai County line, which is generally described in Arizona Revised Statutes Section 11–109 as the center line of the Aqua Fria River (Also the north end of Lake Pleasant); 16. thence, southwesterly and southerly along the Maricopa-Yavapai County line to a point which is described by Arizona Revised Statutes Section 11–109 as being on the center line of the Aqua Fria River, two miles southerly and below the mouth of Humbug Creek; 17. thence, southerly along the center line of Aqua Fria River to the intersection of the center line of the Aqua Fria River and the center line of Beardsley Canal, said point is generally in the northeast quarter of Section 17, Township 5 North, Range 1 East, as shown on the U.S. Geological Survey’s Baldy Mountain, Ari- zona Quadrangle Map, 7.5 Minute series (Topographic), dated 1964; 18. thence, southwesterly and southerly along the center line of Beardsley Canal to a point which is the center line of Beardsley Canal where it intersects with the center line of Indian School Road; 19. thence, westerly along the center line of West Indian School Road to a point where the center line of West Indian School Road intersects with the center line of North Jackrabbit Trail; 20. thence, southerly along the center line of Jackrabbit Trail approximately nine and three-quarter miles to a point where the center line of Jackrabbit Trail inter- sects with the Gila River, said point is generally on the north-south quarter sec- tion line of Section 8, Township 1 South, Range 2 West; 21. thence, northeasterly and easterly up the Gila River to a point where the Gila River intersects with the northern extension of the western boundary of Estrella Mountain Regional Park, which point is generally the quarter corner of the north- ern line of Section 31, Township 1 North, Range 1 West; 22. thence, southerly along the extension of the western boundary and along the western boundary of Estrella Mountain Regional Park to a point where the south- ern extension of the western boundary of Estrella Mountain Regional Park inter- sects with the southern line of Township 1 South;

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ARIZONA—CARBON MONOXIDE—Continued

Designation Classification Designated area Date Type Date Type

23. thence, easterly along the southern line of Township 1 South to a point where the south line of Township 1 South intersects with the western line of Range 1 East, which line is generally the southern boundary of Estrella Mountain Regional Park; 24. thence, southerly along the western line of Range 1 East to the southwest cor- ner of Section 18, Township 2 South, Range 1 East, said line is the western boundary of the Gila River Indian Reservation; 25. thence, easterly along the southern boundary of the Gila River Indian Reserva- tion which is the southern line of Sections 13, 14, 15, 16, 17, and 18, Township 2 South, Range 1 East, to the boundary between Maricopa and Pinal Counties as described in Arizona Revised Statutes Sections 11–109 and 11–113, which is the eastern line of Range 1 East; 26. thence, northerly along the eastern boundary of Range 1 East, which is the common boundary between Maricopa and Pinal Counties, to a point where the eastern line of Range 1 East intersects the Gila River; 27. thence, southerly up the Gila River to a point where the Gila River intersects with the southern line of Township 2 South; and 28. thence, easterly along the southern line of Township 2 South to the point of be- ginning which is a point where the southern line of Township 2 South intersects with the easter line Range 7 East; 29. except that portion of the area defined by paragraphs 1 through 28 above that lies within the Gila River Indian Reservation.

* * * * * SUPPLEMENTARY INFORMATION: Effective August 3, 2005, we suspended the vendor bidding process [FR Doc. 05–17539 Filed 9–2–05; 8:45 am] I. Background BILLING CODE 6560–50–P that began with publication of the A. Clarification of Timeline for interim final rule on July 6, 2005, to Implementation of CAP allow us more time to fully review public comments on the interim final DEPARTMENT OF HEALTH AND On July 6, 2005, we published an HUMAN SERVICES rule and also to further refine the interim final rule with comment period bidding process. We provided Centers for Medicare & Medicaid (70 FR 39022) in the Federal Register notification of the suspension on the Services with respect to provisions of the CMS Web site http://www.cms.hhs.gov/ Medicare Prescription Drug, providers/drugs/compbid/ and through 42 CFR Part 414 Improvement, and Modernization Act of the pharmacy and physician Listservs. 2003 (MMA) that require the We will publish a final rule for CMS–1325–IFC2 implementation of a competitive implementing the CAP after we analyze acquisition program (CAP) for certain the additional comments on the interim RIN 0938–AN58 Medicare Part B drugs not paid on a cost final rule and determine the best or prospective payment system basis. manner for improving the efficiency of Medicare Program; Competitive Physicians will generally be given a Acquisition of Outpatient Drugs and the CAP and increasing potential choice between obtaining these drugs participation of both vendors and Biologicals Under Part B: from vendors selected through a Interpretation and Correction physicians in the program. competitive bidding process or directly We will announce the dates for the AGENCY: Centers for Medicare & purchasing these drugs and being paid new vendor bidding period concurrent Medicaid Services (CMS), HHS. under the average sales price (ASP) with the publication of the final rule. ACTION: Interim final rule; interpretation system. We also will be announcing a special and correction. In the July 6, 2005 interim final rule, physician election period. Currently, we we stated that implementation of the expect that drugs will first be delivered SUMMARY: This interim final rule CAP would take place on January 1, through the CAP by July 2006. During clarifies our timeline for 2006 to coordinate the CAP physician the special election period, physicians implementation of the competitive election process with the Medicare will have the opportunity to elect to acquisition program under section participating physician election process participate in the CAP from its start date 1847B of the Social Security Act and described in section 1842(h) of Social in 2006 through the end of calendar year corrects technical errors that appeared Security Act (the Act). Subsequent to 2006. in the addenda to the interim final rule the publication of the July 6, 2005 As we specified in the July 2005 with comment period published in the interim final rule, we received Federal Register document, we will Federal Register on July 6, 2005 entitled comments requesting a delay in continue to accept comments on the ‘‘Competitive Acquisition of Outpatient implementation of the CAP from a interim final rule until September 6, Drugs and Biologicals Under Part B.’’ variety of sources including written 2005. EFFECTIVE DATE: This rule is effective public comments as well as comments In section II of this document, we September 6, 2005. voiced during the conference call for provide clarification of the timeline for FOR FURTHER INFORMATION CONTACT: Lia potential vendors that we held on July implementation of the CAP as well as Prela, (410) 786–0548. 8, 2005. further interpretation of what will

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constitute an ‘‘exigent circumstance’’ for before implementation. After reviewing preamble that the CAP would begin on purposes of allowing a physician to public comments, we agree that a short January 1, 2006. elect to participate in the CAP and delay in implementing the CAP will For example, we referred to a January select a CAP vendor at a time other than allow us to improve the efficiency of the 1, 2006 start date in our discussion of the annual election period. program and increase interest in the activities that would be necessary to B. Corrections to the July 6, 2005 Interim participating in the program. Therefore, implement the CAP on that date. These Final Rule in accordance with our authority to included CAP operations, analysis and phase-in the program as appropriate coding of the CAP claims processing In FR Doc. 05–12938 of July 6, 2005 during 2006, we are delaying system, and educating beneficiaries and (70 FR 39022), we identified errors to implementation of the CAP. The CAP physicians about the program. In the Addendum A and Addendum B that are program will not begin on January 1, July 2005 interim final rule, we corrected under ‘‘Correction of Addenda 2006, and the initial physician election specified that in response to the March Errors’’ in section III of this document. process will not occur in 2005. 2005 proposed rule, several commenters These corrections are effective as if they As noted above, we intend to expressed concern about introducing had been included in the document implement the CAP during 2006 and we the CAP so quickly without any formal published July 6, 2005. expect that the CAP program will begin testing or analysis of the program. Other II. Delay in Implementation Date sometime in or around July 2006. In commenters expressed concern about On March 4, 2005, we published a addition, we expect the initial physician education and outreach efforts relating proposed rule (70 FR 10746) to election period to occur in the spring of to the CAP. Our decision to suspend the implement a CAP program, as required 2006 rather than in fall 2005. We current vendor bidding process and by section 1847B of the Act, as added consider the initial implementation of delay the start date of the CAP will by section 303(d) of the MMA, for the CAP program to constitute an allow time for refining CAP operations, certain Medicare Part B drugs not paid ‘‘exigent circumstance’’ for purposes of additional testing of the claims on a cost or prospective payment system section 1847B(a)(5)(A)(i) of the Act and processing system, and for further basis. In response to the proposed rule, § 414.908(a)(2) of our regulations, which beneficiary, physician, and vendor commenters expressed concern about allow for a physician election period at applicant educational efforts. We the short timeframe for implementation times other than the regular, annual believe this additional preparation time of the CAP, that is, the proposed January election period. We are specifying the will greatly improve and ease the 1, 2006 effective date stated in the July initial election period as an ‘‘exigent implementation process. circumstance’’ because we intend the 6, 2005 interim final rule. These III. Correction of Addenda Errors commenters suggested we delay the program to run on a calendar year basis, effective date of the CAP to allow us to as stated in the July 2005 interim final In the July 6, 2005 interim final rule, fully structure the CAP to meet rule, after the initial implementation of Addendum A ‘‘Single Drug Category congressional objectives and benefit the CAP in 2006. In later years, the List’’ does not include the column physicians without compromising annual CAP election period will be reflecting the weights assigned to each beneficiary access to drug therapies and coordinated with the annual Medicare CAP drug that will be used in treatment. Participating Physician Enrollment computing the composite bids. In this We responded to those comments in Process described in section 1842(h) of interim final rule, we are correcting the the July 6, 2005 interim final rule (70 FR the Act, which occurs in the fall of each error by republishing Addendum A in 39025) by stating that we recognized year, as specified in the July 2005 its entirety, with the third column that the timeframe for implementation interim final rule. included. In addition, in Addendum B, was ambitious but we believed that the We believe that, after the initial ‘‘New Drugs for CAP Bidding for 2006,’’ regulatory framework provided a firm election period in 2006, an annual we inadvertently included J7518 basis for implementing the CAP in election period that ends on November (mycophenolic acid), which should be January 2006. 15 before the beginning of each CAP excluded from this list because it is an We also stated that the statute year is still necessary to allow time for orally administered immunosuppressive requires that we coordinate the the carrier, the designated carrier, the agent rather than a physician- physicians’ election to participate in the vendors, and our claims processing administered drug. We are correcting CAP with the Medicare Participating system to complete tasks in preparation this error by republishing Addendum B, Physician Process described in section for that CAP year. We expect to include which reflects the omission of J7518 1842(h) of the Act. the dates of the initial physician (mycophenolic acid). However, upon further consideration election period in the final rule. In FR Doc. 05–12938 of July 6, 2005 of these comments, as well as additional Physicians will then be provided with a (70 FR 39022), make the following feedback we have received from second election period in 2006 for corrections: potential participants in the program, participation in the CAP in 2007. 1. On pages 39099 through 39102, we have concluded that more time is In the July 6, 2005 interim final rule, Addendum A is corrected to read as needed to further refine the program we stated in several other places in the follows:

ADDENDUM A—SINGLE DRUG CATEGORY LIST

HCPCS Long description Weight

J0150 ...... INJECTION, ADENOSINE FOR THERAPEUTIC USE, 6 MG ...... 0.00069338 J0152 ...... INJECTION, ADENOSINE FOR DIAGNOSTIC USE, 30 MG ...... 0.00455133 J0170 ...... INJECTION, ADRENALIN, EPINEPHRINE, 1 ML AMPULE ...... 0.00007823 J0207 ...... INJECTION, AMIFOSTINE, 500 MG ...... 0.00015946 J0215 ...... INJECTION, ALEFACEPT, 0.5 MG ...... 0.00082595 J0280 ...... INJECTION, AMINOPHYLLIN, 250 MG ...... 0.00081312 J0290 ...... INJECTION, AMPICILLIN SODIUM, 500 MG ...... 0.00012537

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ADDENDUM A—SINGLE DRUG CATEGORY LIST—Continued

HCPCS Long description Weight

J0475 ...... INJECTION, BACLOFEN, 10 MG ...... 0.00024410 J0540 ...... INJECTION, PENICILLIN G BENZATHINE AND PENICILLIN G PROCAINE, 1,200,000 UNITS ...... 0.00007140 J0550 ...... INJECTION, PENICILLIN G BENZATHINE AND PENICILLIN G PROCAINE, 2,400,000 UNITS ...... 0.00001814 J0570 ...... INJECTION, PENICILLIN G BENZATHINE, 1,200,000 UNITS ...... 0.00004561 J0585 ...... BOTULINUM TOXIN TYPE A, PER UNIT ...... 0.03707810 J0587 ...... BOTULINUM TOXIN TYPE B, PER 100 UNITS ...... 0.00149279 J0600 ...... INJECTION, EDETATE CALCIUM DISODIUM, 1000 MG ...... 0.00004417 J0637 ...... INJECTION, CASPOFUNGIN ACETATE, 5 MG ...... 0.00008403 J0640 ...... INJECTION, LEUCOVORIN CALCIUM, PER 50 MG ...... 0.01054437 J0670 ...... INJECTION, MEPIVACAINE HYDROCHLORIDE, PER 10 ML ...... 0.00038034 J0690 ...... INJECTION, CEFAZOLIN SODIUM, 500 MG ...... 0.00042009 J0692 ...... INJECTION, CEFEPIME HYDROCHLORIDE, 500 MG ...... 0.00024611 J0696 ...... INJECTION, CEFTRIAXONE SODIUM, PER 250 MG ...... 0.00662508 J0698 ...... INJECTION, CEFOTAXIME SODIUM, PER GM ...... 0.00014738 J0702 ...... INJECTION, BETAMETHASONE ACETATE & BETAMETHASONE SODIUM PHOSPHATE, PER 3 MG ...... 0.00284989 J0704 ...... INJECTION, BETAMETHASONE SODIUM PHOSPHATE, PER 4 MG ...... 0.00056519 J0735 ...... INJECTION, CLONIDINE HYDROCHLORIDE, 1 MG ...... 0.00033826 J0800 ...... INJECTION, CORTICOTROPIN, 40 UNITS ...... 0.00360503 J0880 ...... INJECTION, DARBEPOETIN ALFA, 5 MCG ...... 0.11998845 J0895 ...... INJECTION, DEFEROXAMINE MESYLATE, 500 MG ...... 0.00024217 J1000 ...... INJECTION, DEPO-ESTRADIOL CYPIONATE, 5 MG ...... 0.00020815 J1020 ...... INJECTION, METHYLPREDNISOLONE ACETATE, 20 MG ...... 0.00126125 J1030 ...... INJECTION, METHYLPREDNISOLONE ACETATE, 40 MG ...... 0.00587530 J1040 ...... INJECTION, METHYLPREDNISOLONE ACETATE, 80 MG ...... 0.00522812 J1051 ...... INJECTION, MEDROXYPROGESTERONE ACETATE, 50 MG ...... 0.00006464 J1094 ...... INJECTION, DEXAMETHASONE ACETATE, 1 MG ...... 0.00347947 J1100 ...... INJECTION, DEXAMETHASONE SODIUM PHOSPHATE, 1MG ...... 0.05440123 J1190 ...... INJECTION, DEXRAZOXANE HYDROCHLORIDE, PER 250 MG ...... 0.00002421 J1200 ...... INJECTION, DIPHENHYDRAMINE HCL, 50 MG ...... 0.00214443 J1212 ...... INJECTION, DMSO, DIMETHYL SULFOXIDE, 50%, 50 ML ...... 0.00008395 J1245 ...... INJECTION, DIPYRIDAMOLE, PER 10 MG ...... 0.00379554 J1250 ...... INJECTION, DOBUTAMINE HYDROCHLORIDE, PER 250 MG ...... 0.00052679 J1260 ...... INJECTION, DOLASETRON MESYLATE, 10 MG ...... 0.01720675 J1335 ...... INJECTION, ERTAPENEM SODIUM, 500 MG ...... 0.00013138 J1440 ...... INJECTION, FILGRASTIM (G–CSF), 300 MCG ...... 0.00191741 J1441 ...... INJECTION, FILGRASTIM (G–CSF), 480 MCG ...... 0.00403536 J1450 ...... INJECTION FLUCONAZOLE, 200 MG ...... 0.00001593 J1580 ...... INJECTION, GARAMYCIN, GENTAMICIN, 80 MG ...... 0.00039560 J1600 ...... INJECTION, GOLD SODIUM THIOMALATE, 50 MG ...... 0.00005560 J1626 ...... INJECTION, GRANISETRON HYDROCHLORIDE, 100 MCG ...... 0.01469700 J1631 ...... INJECTION, HALOPERIDOL DECANOATE, PER 50 MG ...... 0.00020506 J1642 ...... INJECTION, HEPARIN SODIUM, (HEPARIN LOCK FLUSH), PER 10 UNITS ...... 0.06362003 J1644 ...... INJECTION, HEPARIN SODIUM, PER 1000 UNITS ...... 0.00351209 J1645 ...... INJECTION, DALTEPARIN SODIUM, PER 2500 IU ...... 0.00011417 J1650 ...... INJECTION, ENOXAPARIN SODIUM, 10 MG ...... 0.00134336 J1655 ...... INJECTION, TINZAPARIN SODIUM, 1000 IU ...... 0.00046724 J1710 ...... INJECTION, HYDROCORTISONE SODIUM PHOSPHATE, 50 MG ...... 0.00006029 J1720 ...... INJECTION, HYDROCORTISONE SODIUM SUCCINATE, 100 MG ...... 0.00013201 J1745 ...... INJECTION INFLIXIMAB, 10 MG ...... 0.02736596 J1750 ...... INJECTION, IRON DEXTRAN, 50 MG ...... 0.00244189 J1756 ...... INJECTION, IRON SUCROSE, 1 MG ...... 0.01017283 J1885 ...... INJECTION, KETOROLAC TROMETHAMINE, PER 15 MG ...... 0.00326961 J1940 ...... INJECTION, FUROSEMIDE, 20 MG ...... 0.00064751 J1956 ...... INJECTION, LEVOFLOXACIN, 250 MG ...... 0.00008548 J2001 ...... INJECTION, LIDOCAINE HCL FOR INTRAVENOUS INFUSION, 10 MG ...... 0.00076795 J2010 ...... INJECTION, LINCOMYCIN HCL, 300 MG ...... 0.00061870 J2150 ...... INJECTION, MANNITOL, 25% IN 50 ML ...... 0.00028934 J2260 ...... INJECTION, MILRINONE LACTATE, 5 MG ...... 0.00004912 J2300 ...... INJECTION, NALBUPHINE HYDROCHLORIDE, PER 10 MG ...... 0.00026092 J2324 ...... INJECTION, NESIRITIDE, 0.25 MG ...... 0.00027147 J2353 ...... INJECTION, OCTREOTIDE, DEPOT FORM FOR INTRAMUSCULAR INJECTION, 1 MG ...... 0.00193262 J2354 ...... INJECTION, OCTREOTIDE, NON-DEPOT SUBCUTANEOUS OR INTRAVENOUS INJECTION, 25 MCG ...... 0.00008332 J2405 ...... INJECTION, ONDANSETRON HYDROCHLORIDE, PER 1 MG ...... 0.01360054 J2430 ...... INJECTION, PAMIDRONATE DISODIUM, PER 30 MG ...... 0.00155307 J2505 ...... INJECTION, PEGFILGRASTIM, 6 MG ...... 0.00064498 J2550 ...... INJECTION, PROMETHAZINE HCL, 50 MG ...... 0.00068031 J2680 ...... INJECTION, FLUPHENAZINE DECANOATE, 25 MG ...... 0.00014971 J2765 ...... INJECTION, METOCLOPRAMIDE HCL, 10 MG ...... 0.00011029 J2780 ...... INJECTION, RANITIDINE HYDROCHLORIDE, 25 MG ...... 0.00087713 J2820 ...... INJECTION, SARGRAMOSTIM (GM–CSF), 50 MCG ...... 0.00215849 J2912 ...... INJECTION, SODIUM CHLORIDE, 0.9%, PER 2 ML ...... 0.00673579 J2916 ...... INJECTION, SODIUM FERRIC GLUCONATE COMPLEX IN SUCROSE INJECTION, 12.5 MG ...... 0.00060556

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ADDENDUM A—SINGLE DRUG CATEGORY LIST—Continued

HCPCS Long description Weight

J2920 ...... INJECTION, METHYLPREDNISOLONE SODIUM SUCCINATE, 40 MG ...... 0.00030935 J2930 ...... INJECTION, METHYLPREDNISOLONE SODIUM SUCCINATE, 125 MG ...... 0.00076469 J2997 ...... INJECTION, ALTEPLASE RECOMBINANT, 1 MG ...... 0.00012123 J3260 ...... INJECTION, TOBRAMYCIN SULFATE, 80 MG ...... 0.00018119 J3301 ...... INJECTION, TRIAMCINOLONE ACETONIDE, PER 10 MG ...... 0.02146050 J3302 ...... INJECTION, TRIAMCINOLONE DIACETATE, PER 5 MG ...... 0.00171576 J3303 ...... INJECTION, TRIAMCINOLONE HEXACETONIDE, PER 5 MG ...... 0.00093708 J3315 ...... INJECTION, TRIPTORELIN PAMOATE, 3.75 MG ...... 0.00000707 J3370 ...... INJECTION, VANCOMYCIN HCL, 500 MG ...... 0.00083391 J3396 ...... INJECTION, VERTEPORFIN, 0.1 MG ...... 0.05387196 J3410 ...... INJECTION, HYDROXYZINE HCL, 25 MG ...... 0.00040617 J3420 ...... INJECTION, VITAMIN B–12 CYANOCOBALAMIN, UP TO 1000 MCG ...... 0.01191674 J3475 ...... INJECTION, MAGNESIUM SULFATE, PER 500 MG ...... 0.00107478 J3480 ...... INJECTION, POTASSIUM CHLORIDE, PER 2 MEQ ...... 0.00213669 J3487 ...... INJECTION, ZOLEDRONIC ACID, 1 MG ...... 0.00333297 J7030 ...... INFUSION, NORMAL SALINE SOLUTION , 1000 CC ...... 0.00101862 J7040 ...... INFUSION, NORMAL SALINE SOLUTION, (500 STERILE ML=1 UNIT) ...... 0.00240866 J7042 ...... 5% DEXTROSE/NORMAL SALINE (500 ML = 1 UNIT) ...... 0.00049401 J7050 ...... INFUSION, NORMAL SALINE SOLUTION , 250 CC ...... 0.00983951 J7051 ...... STERILE SALINE OR WATER, 5 CC ...... 0.00695398 J7060 ...... 5% DEXTROSE/WATER (500 ML = 1 UNIT) ...... 0.00101887 J7070 ...... INFUSION, D5W, 1000 CC ...... 0.00015744 J7120 ...... RINGERS LACTATE INFUSION, 1000 CC ...... 0.00016820 J7317 ...... SODIUM HYALURONATE, PER 20 TO 25 MG DOSE FOR INTRA-ARTICULAR INJECTION ...... 0.00189786 J7320 ...... HYLAN G–F 20, 16 MG, FOR INTRA ARTICULAR INJECTION ...... 0.00148437 J9000 ...... DOXORUBICIN HCL, 10 MG ...... 0.00233616 J9001 ...... DOXORUBICIN HYDROCHLORIDE, ALL LIPID FORMULATIONS, 10 MG ...... 0.00032228 J9031 ...... BCG (INTRAVESICAL) PER INSTILLATION ...... 0.00048801 J9040 ...... BLEOMYCIN SULFATE, 15 UNITS ...... 0.00003692 J9045 ...... CARBOPLATIN, 50 MG ...... 0.00564705 J9050 ...... CARMUSTINE, 100 MG ...... 0.00000881 J9060 ...... CISPLATIN, POWDER OR S0LUTION, PER 10 MG ...... 0.00094491 J9062 ...... CISPLATIN, 50 MG ...... 0.00025190 J9065 ...... INJECTION, CLADRIBINE, PER 1 MG ...... 0.00008065 J9070 ...... CYCLOPHOSPHAMIDE, 100 MG ...... 0.00062098 J9080 ...... CYCLOPHOSPHAMIDE, 200 MG ...... 0.00004921 J9090 ...... CYCLOPHOSPHAMIDE, 500 MG ...... 0.00008048 J9091 ...... CYCLOPHOSPHAMIDE, 1.0 GRAM ...... 0.00005001 J9092 ...... CYCLOPHOSPHAMIDE, 2.0 GRAM ...... 0.00000525 J9093 ...... CYCLOPHOSPHAMIDE, LYOPHILIZED, 100 MG ...... 0.00091804 J9094 ...... CYCLOPHOSPHAMIDE, LYOPHILIZED, 200 MG ...... 0.00009103 J9095 ...... CYCLOPHOSPHAMIDE, LYOPHILIZED, 500 MG ...... 0.00017529 J9096 ...... CYCLOPHOSPHAMIDE, LYOPHILIZED, 1.0 GRAM ...... 0.00013845 J9097 ...... CYCLOPHOSPHAMIDE, LYOPHILIZED, 2.0 GRAM ...... 0.00001347 J9098 ...... CYTARABINE LIPOSOME, 10 MG ...... 0.00000809 J9100 ...... CYTARABINE, 100 MG ...... 0.00012887 J9110 ...... CYTARABINE, 500 MG ...... 0.00002056 J9130 ...... DACARBAZINE, 100 MG ...... 0.00009340 J9140 ...... DACARBAZINE, 200 MG ...... 0.00006957 J9150 ...... DAUNORUBICIN, 10 MG ...... 0.00000485 J9170 ...... DOCETAXEL, 20 MG ...... 0.00254788 J9178 ...... INJECTION, EPIRUBICIN HCL, 2 MG ...... 0.00120764 J9181 ...... ETOPOSIDE, 10 MG ...... 0.00229277 J9182 ...... ETOPOSIDE, 100 MG ...... 0.00052610 J9185 ...... FLUDARABINE PHOSPHATE, 50 MG ...... 0.00030358 J9190 ...... FLUOROURACIL, 500 MG ...... 0.00392446 J9200 ...... FLOXURIDINE, 500 MG ...... 0.00000405 J9201 ...... GEMCITABINE HCL, 200 MG ...... 0.00491490 J9202 ...... GOSERELIN ACETATE IMPLANT, PER 3.6 MG ...... 0.00285868 J9206 ...... IRINOTECAN, 20 MG ...... 0.00316077 J9208 ...... IFOSFAMIDE, 1 GM ...... 0.00007818 J9209 ...... MESNA, 200 MG ...... 0.00036520 J9211 ...... IDARUBICIN HYDROCHLORIDE, 5 MG ...... 0.00000315 J9213 ...... INTERFERON, ALFA–2A, RECOMBINANT, 3 MILLION UNITS ...... 0.00008006 J9214 ...... INTERFERON, ALFA–2B, RECOMBINANT, 1 MILLION UNITS ...... 0.00668813 J9219 ...... LEUPROLIDE ACETATE IMPLANT, 65 MG ...... 0.00006464 J9245 ...... INJECTION, MELPHALAN HYDROCHLORIDE, 50 MG ...... 0.00000157 J9250 ...... METHOTREXATE SODIUM, 5 MG ...... 0.00184935 J9260 ...... METHOTREXATE SODIUM, 50 MG ...... 0.00050963 J9263 ...... INJECTION, OXALIPLATIN, 0.5 MG ...... 0.07249359 J9265 ...... PACLITAXEL, 30 MG ...... 0.00551428 J9268 ...... PENTOSTATIN, PER 10 MG ...... 0.00000639

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ADDENDUM A—SINGLE DRUG CATEGORY LIST—Continued

HCPCS Long description Weight

J9280 ...... MITOMYCIN, 5 MG ...... 0.00004038 J9290 ...... MITOMYCIN, 20 MG ...... 0.00003448 J9291 ...... MITOMYCIN, 40 MG ...... 0.00006085 J9293 ...... INJECTION, MITOXANTRONE HYDROCHLORIDE, PER 5 MG ...... 0.00024882 J9310 ...... RITUXIMAB, 100 MG ...... 0.00405692 J9320 ...... STREPTOZOCIN, 1 GM ...... 0.00000666 J9340 ...... THIOTEPA, 15 MG ...... 0.00002429 J9350 ...... TOPOTECAN, 4 MG ...... 0.00018095 J9355 ...... TRASTUZUMAB, 10 MG ...... 0.00538210 J9360 ...... VINBLASTINE SULFATE, 1 MG ...... 0.00035474 J9370 ...... VINCRISTINE SULFATE, 1 MG ...... 0.00019564 J9375 ...... VINCRISTINE SULFATE, 2 MG ...... 0.00011406 J9390 ...... VINORELBINE TARTRATE, PER 10 MG ...... 0.00109985 J9395 ...... INJECTION, FULVESTRANT, 25 MG ...... 0.00125472 J9600 ...... PORFIMER SODIUM, 75 MG ...... 0.00000029 Q0136 ...... INJECTION, EPOETIN ALPHA, (FOR NON ESRD USE), PER 1000 UNITS ...... 0.24898913 Q0137 ...... INJECTION, DARBEPOETIN ALFA, 1 MCG (NON-ESRD USE) ...... 0.03803750 Q3025 ...... INJECTION, INTERFERON BETA–1A, 11 MCG FOR INTRAMUSCULAR USE ...... 0.00077522

2. On page 39102, Addendum B is waive the delay in the effective date of governmental jurisdictions. Most corrected to read as follows: this rule. It will take effect on the same hospitals and most other providers and day as the July 6, 2005 interim final rule suppliers are small entities, either by ADDENDUM B—NEW DRUGS FOR CAP with comment. nonprofit status or by having revenues of $6 million to $29 million in any 1 BIDDING FOR 2006 V. Collection of Information year. Individuals and States are not Requirements CODE 2005 Description included in the definition of a small This document does not impose entity. We are not preparing an analysis J0128 ...... Abarelix injection. information collection and for the RFA because we have J0180 ...... Agalsidase beta injection. recordkeeping requirements. J0878 ...... Daptomycin injection. determined that this rule will not have J1931 ...... Laronidase injection. Consequently, it need not be reviewed a significant economic impact on a J2357 ...... Omalizumab injection. by the Office of Management and substantial number of small entities. J2469 ...... Palonosetron HCl. Budget under the authority of the In addition, section 1102(b) of the Act J2794 ...... Risperidone, long acting. Paperwork Reduction Act of 1995 (44 requires us to prepare a regulatory J9035 ...... Bevacizumab injection. U.S.C. 35). impact analysis if a rule may have a J9041 ...... Bortezomib injection. significant impact on the operations of VI. Regulatory Impact Statement J9055 ...... Cetuximab injection. a substantial number of small rural J9305 ...... Pemetrexed injection. We have examined the impact of this hospitals. This analysis must conform to rule as required by Executive Order the provisions of section 604 of the IV. Waiver of Delay in Effective Date 12866 (September 1993, Regulatory RFA. For purposes of section 1102(b) of We ordinarily provide an effective Planning and Review), the Regulatory the Act, we define a small rural hospital date 30 days after the publication of an Flexibility Act (RFA) (September 19, as a hospital that is located outside of interim final rule in the Federal 1980, Pub. L. 96–354), section 1102(b) of a Core-Based Statistical Area and has Register. We can waive this delay, the Social Security Act, the Unfunded fewer than 100 beds. We are not however, if we find good cause that it Mandates Reform Act of 1995 (Pub. L. preparing an analysis for section 1102(b) is impracticable, unnecessary, or 104–4), and Executive Order 13132. of the Act because we have determined contrary to the public interest and Executive Order 12866 directs that this rule will not have a significant incorporate a statement of the finding agencies to assess all costs and benefits impact on the operations of a substantial and the reasons for it into the notice of available regulatory alternatives and, number of small rural hospitals. issued. if regulation is necessary, to select Section 202 of the Unfunded We find a delay in the effectiveness of regulatory approaches that maximize Mandates Reform Act of 1995 also this rule unnecessary because this rule net benefits (including potential requires that agencies assess anticipated merely provides further clarification of economic, environmental, public health costs and benefits before issuing any and technical corrections to the interim and safety effects, distributive impacts, rule that may result in expenditure in final rule with comment published July and equity). A regulatory impact any 1 year by State, local, or tribal 6, 2005. We also find that a delay in the analysis (RIA) must be prepared for governments, in the aggregate, or by the effectiveness of this interpretation major rules with economically private sector, of $110 million. This rule would be contrary to the public interest: significant effects ($100 million or more will have no consequential effect on the a delay in the effectiveness of this rule in any 1 year). This rule does not reach governments mentioned or on the would defeat the purpose of this rule, the economic threshold and thus is not private sector. which is to delay the implementation of considered a major rule. Executive Order 13132 establishes the CAP in order to consider further The RFA requires agencies to analyze certain requirements that an agency public comment and issue a final rule options for regulatory relief of small must meet when it promulgates a before beginning this major new businesses. For purposes of the RFA, proposed rule (and subsequent final payment system. Therefore, for all of small entities include small businesses, rule) that imposes substantial direct these reasons, we find good cause to nonprofit organizations, and small requirement costs on State and local

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governments, preempts State law, or ADDRESSES: If you want to determine the communities listed on the date otherwise has Federalism implications. whether a particular community was shown in the last column. The Since this regulation does not impose suspended on the suspension date, Administrator finds that notice and any costs on State or local governments, contact the appropriate FEMA Regional public comment under 5 U.S.C. 553(b) the requirements of E.O. 13132 are not Office or the NFIP servicing contractor. are impracticable and unnecessary applicable. FOR FURTHER INFORMATION CONTACT: because communities listed in this final In accordance with the provisions of Michael M. Grimm, Mitigation Division, rule have been adequately notified. Executive Order 12866, this regulation 500 C Street, SW., Room 412, Each community receives 6-month, was reviewed by the Office of Washington, DC 20472, (202) 646–2878. 90-day, and 30-day notification letters Management and Budget. SUPPLEMENTARY INFORMATION: The NFIP addressed to the Chief Executive Officer (Catalog of Federal Domestic Assistance enables property owners to purchase stating that the community will be Program No. 93.773, Medicare—Hospital flood insurance which is generally not suspended unless the required Insurance; and Program No. 93.774, otherwise available. In return, floodplain management measures are Medicare—Supplementary Medical communities agree to adopt and met prior to the effective suspension Insurance Program) administer local floodplain management date. Since these notifications were Dated: August 23, 2005. aimed at protecting lives and new made, this final rule may take effect Mark B. McClellan, construction from future flooding. within less than 30 days. Administrator, Centers for Medicare & Section 1315 of the National Flood National Environmental Policy Act Medicaid Services. Insurance Act of 1968, as amended, 42 This rule is categorically excluded Approved: August 31, 2005. U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, from the requirements of 44 CFR Part Michael O. Leavitt, 10, Environmental Considerations. No Secretary. 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts environmental impact assessment has [FR Doc. 05–17655 Filed 9–1–05; 9:14 am] adequate floodplain management been prepared. BILLING CODE 4120–01–P measures with effective enforcement Regulatory Flexibility Act measures. The communities listed in this document no longer meet that The Administrator has determined DEPARTMENT OF HOMELAND statutory requirement for compliance that this rule is exempt from the SECURITY with program regulations, 44 CFR part requirements of the Regulatory 59 et seq. Accordingly, the communities Flexibility Act because the National Federal Emergency Management will be suspended on the effective date Flood Insurance Act of 1968, as Agency in the third column. As of that date, amended, 42 U.S.C. 4022, prohibits flood insurance will no longer be flood insurance coverage unless an 44 CFR Part 64 available in the community. However, appropriate public body adopts adequate floodplain management [Docket No. FEMA–7891] some of these communities may adopt and submit the required documentation measures with effective enforcement measures. The communities listed no Suspension of Community Eligibility of legally enforceable floodplain management measures after this rule is longer comply with the statutory AGENCY: Federal Emergency published but prior to the actual requirements, and after the effective Management Agency, Emergency suspension date. These communities date, flood insurance will no longer be Preparedness and Response Directorate, will not be suspended and will continue available in the communities unless Department of Homeland Security. their eligibility for the sale of insurance. remedial action takes place. ACTION: Final rule. A notice withdrawing the suspension of Regulatory Classification the communities will be published in This final rule is not a significant SUMMARY: This rule identifies the Federal Register. communities, where the sale of flood In addition, FEMA has identified the regulatory action under the criteria of insurance has been authorized under Special Flood Hazard Areas (SFHAs) in section 3(f) of Executive Order 12866 of the National Flood Insurance Program these communities by publishing a September 30, 1993, Regulatory (NFIP), that are scheduled for Flood Insurance Rate Map (FIRM). The Planning and Review, 58 FR 51735. suspension on the effective dates listed date of the FIRM, if one has been Paperwork Reduction Act within this rule because of published, is indicated in the fourth This rule does not involve any noncompliance with the floodplain column of the table. No direct Federal collection of information for purposes of management requirements of the financial assistance (except assistance the Paperwork Reduction Act, 44 U.S.C. program. If the Federal Emergency pursuant to the Robert T. Stafford 3501 et seq. Management Agency (FEMA) receives Disaster Relief and Emergency documentation that the community has Assistance Act not in connection with a List of Subjects in 44 CFR Part 64 adopted the required floodplain flood) may legally be provided for Flood insurance, Floodplains. management measures prior to the construction or acquisition of buildings I effective suspension date given in this in identified SFHAs for communities Accordingly, 44 CFR part 64 is rule, the suspension will not occur and not participating in the NFIP and amended as follows: a notice of this will be provided by identified for more than a year, on PART 64—[AMENDED] publication in the Federal Register on a FEMA’s initial flood insurance map of subsequent date. the community as having flood-prone I 1. The authority citation for Part 64 EFFECTIVE DATES: The effective date of areas (section 202(a) of the Flood continues to read as follows: each community’s scheduled Disaster Protection Act of 1973, 42 Authority: 42 U.S.C. 4001 et seq.; suspension is the third date (‘‘Susp.’’) U.S.C. 4106(a), as amended). This Reorganization Plan No. 3 of 1978, 3 CFR, listed in the third column of the prohibition against certain types of 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, following tables. Federal assistance becomes effective for 3 CFR, 1979 Comp.; p. 376.

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§ 64.6 [Amended] I 2. The tables published under the authority of § 64.6 are amended as follows:

Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map rate able in special flood hazard areas

Region VII Missouri: Argyle, Village of, Osage County...... 290491 May 13, 1974, Emerg; August 1, 1986, 09/02/05 ...... 09/02/05 Reg; September 2, 2005, Susp. Westphalia, City of, Osage County...... 290272 March 16, 1976, Emerg; September 10, ...... do ...... Do. 1984, Reg; September 2, 2005, Susp. Nebraska: Perkins County, Unincorporated Areas. 310464 June 15, 2001, Emerg; September 2, 2005, ...... do ...... Do. Reg; September 2, 2005, Susp. * -do-=Ditto. Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: August 25, 2005. FOR FURTHER INFORMATION CONTACT: required by 44 CFR 60.3, are the Michael K. Buckley, Doug Bellomo, P.E., Hazard minimum that are required. They Deputy Director, Mitigation Division, Identification Section, Emergency should not be construed to mean that Emergency Preparedness and Response Preparedness and Response Directorate, the community must change any Directorate. FEMA, 500 C Street SW., Washington, existing ordinances that are more [FR Doc. 05–17634 Filed 9–2–05; 8:45 am] DC 20472, (202) 646–2903. stringent in their floodplain BILLING CODE 9110–12–P SUPPLEMENTARY INFORMATION: FEMA management requirements. The makes the final determinations listed community may at any time enact below of modified BFEs for each stricter requirements of its own, or DEPARTMENT OF HOMELAND community listed. These modified pursuant to policies established by other SECURITY elevations have been published in Federal, state or regional entities. newspapers of local circulation and These modified elevations are used to Federal Emergency Management meet the floodplain management Agency ninety (90) days have elapsed since that publication. The Mitigation Division requirements of the NFIP and are also used to calculate the appropriate flood 44 CFR Part 65 Director of the Emergency Preparedness and Response Directorate has resolved insurance premium rates for new Changes in Flood Elevation any appeals resulting from this buildings built after these elevations are Determinations notification. made final, and for the contents in these The modified BFEs are not listed for buildings. AGENCY: Federal Emergency each community in this notice. The changes in BFEs are in Management Agency (FEMA), However, this rule includes the address accordance with 44 CFR 65.4. Emergency Preparedness and Response of the Chief Executive Officer of the National Environmental Policy Act. Directorate, Department of Homeland community where the modified base This rule is categorically excluded from Security. flood elevation determinations are the requirements of 44 CFR Part 10, ACTION: Final rule. available for inspection. Environmental Consideration. No The modifications are made pursuant environmental impact assessment has SUMMARY: Modified Base (1% annual to Section 206 of the Flood Disaster been prepared. chance) Flood Elevations (BFEs) are Protection Act of 1973, 42 U.S.C. 4105, Regulatory Flexibility Act. The finalized for the communities listed and are in accordance with the National Mitigation Division Director of the below. These modified elevations will Flood Insurance Act of 1968, 42 U.S.C. Emergency Preparedness and Response be used to calculate flood insurance 4001 et seq., and with 44 CFR Part 65. Directorate certifies that this rule is premium rates for new buildings and For rating purposes, the currently exempt from the requirements of the their contents. effective community number is shown Regulatory Flexibility Act because DATES: The effective dates for these and must be used for all new policies modified BFEs are required by the Flood modified BFEs are indicated on the and renewals. Disaster Protection Act of 1973, 42 following table and revise the Flood The modified BFEs are the basis for U.S.C. 4105, and are required to Insurance Rate Map(s) (FIRMs) in effect the floodplain management measures maintain community eligibility in the for each listed community prior to this that the community is required to either NFIP. No regulatory flexibility analysis date. adopt or to show evidence of being has been prepared. ADDRESSES: The modified BFEs for each already in effect in order to qualify or Regulatory Classification. This final community are available for inspection to remain qualified for participation in rule is not a significant regulatory action at the office of the Chief Executive the National Flood Insurance Program under the criteria of Section 3(f) of Officer of each community. The (NFIP). Executive Order 12866 of September 30, respective addresses are listed in the These modified elevations, together 1993, Regulatory Planning and Review, table below. with the floodplain management criteria 58 FR 51735.

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Executive Order 12612, Federalism. List of Subjects in 44 CFR Part 65 Authority: 42 U.S.C. 4001 et seq.; This rule involves no policies that have Flood insurance, floodplains, Reorganization Plan No. 3 of 1978, 3 CFR, federalism implications under Executive reporting and recordkeeping 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Order 12612, Federalism, dated October requirements. 3 CFR, 1979 Comp., p. 376. 26, 1987. I Accordingly, 44 CFR part 65 is § 65.4 [Amended] Executive Order 12778, Civil Justice amended to read as follows: Reform. This rule meets the applicable I 2. The tables published under the standards of Section 2(b)(2) of Executive PART 65—[AMENDED] authority of § 65.4 are amended as Order 12778. I 1. The authority citation for part 65 follows: continues to read as follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.

Florida: Charlotte Unincorporated January 27, 2005; Feb- Mr. Bruce A. Loucks, Charlotte January 20, 2005 ...... 120061 F (FEMA Areas. ruary 3, 2005; Sun Her- County Administrator, Charlotte Docket No. ald. County Administration Building, D–7569). 18500 Murdock Circle, Port Charlotte, Florida 33948. Sarasota City of Sarasota January 14, 2005; January Mr. Michael A. McNees, Sarasota January 7, 2005; ...... 125150 B (FEMA 21, 2005; Sarasota Her- City Manager, 1565 First Street, Docket No. ald-Tribune. Room 101, Sarasota, Florida D–7567). 34236. Georgia: Rich- City of Augusta ... February 10, 2005; Feb- The Honorable Robert Young, May 19, 2005 ...... 130159 mond (FEMA ruary 17, 2005; The Au- Mayor of the City of Augusta, Docket No. D– gusta Chronicle. City-County Building, 530 Greene 7569). Street, Augusta, Georgia 30911. Massachusetts: Barnstable Town of Chatham February 3, 2005; Feb- Mr. William G. Hinchey, Chatham January 27, 2005 ...... 250004 D (FEMA ruary 10, 2005; Cape Town Manager, 549 Main Street, Docket No. Cod Times. Chatham, Massachusetts 02633. D–7569). Norfolk Town of January 19, 2005; January Mr. Robert Hickey, Chairman of the January 12, 2005 ...... 250239 B (FEMA Foxborough. 26, 2005; Foxboro Re- Town of Foxborough, Board of Docket No. port. Selectmen, 40 South Street, D–7567). Foxborough, Massachusetts 02035. Minnesota: Hen- City of Min- January 21, 2005; January The Honorable R. T. Ryback, January 11, 2005 ...... 270172 E nepin (FEMA neapolis. 28, 2005; Star-Tribune. Mayor of the City of Minneapolis, Docket No. D– Minneapolis City Hall, 350 South 7569). Fifth Street, Room 331, Min- neapolis, Minnesota 55415. North Carolina: Unincorporated January 10, 2005; January Mr. Jack Horton, Haywood County April 18, 2005 ...... 370120 B Haywood Areas. 17, 2005; The Moun- Manager, 215 North Main Street, (FEMA Docket taineer. Waynesville, North Carolina No. D–7567). 28786. South Carolina: Berkeley Unincorporated February 3, 2005; Feb- Mr. Jim Rozier, Chairman of the May 12, 2005 ...... 450029 D (FEMA Areas. ruary 10, 2005; The Berkeley, County Council, 223 Docket No. Post and Courier. North Live Oak Drive, Moncks D–7569). Corner, South Carolina 29461. Berkeley City of Goose February 3, 2005; Feb- The Honorable Michael J. Heitzler, May 12, 2005 ...... 450206 D (FEMA Creek. ruary 10, 2005; The Mayor of the City of Goose Docket No. Post and Courier. Creek, 519 North Goose Creek D–7569). Boulevard, Goose Creek, South Carolina 29445. Richland Unincorporated December 9, 2004; De- Mr. T. Cary McSwain, Richland March 16, 2005 ...... 450170 G (FEMA Areas. cember 16, 2004; The County Administrator, 2020 Docket No. State. Hampton Street, Room 4058, D–7569). P.O. Box 192, Columbia, South Carolina 29202. Virginia: Fairfax Unincorporated March 14, 2005; March Mr. Anthony H. Griffin, Fairfax April 4, 2005 ...... 515525 D (FEMA Docket Areas. 21, 2005; The Wash- County Executive, 12000 Gov- No. D–7571). ington Times. ernment Center Parkway, Suite 552, Fairfax, Virginia 22035– 0050. West Virginia: Unincorporated February 28, 2005; March Mr. Jim Hatfield, President of the November 16, 2004 .. 540133 C Mingo (FEMA Areas. 7, 2005; The Williamson Mingo Board of Commissioners, Docket No. D– Daily News. P.O. Box 1197, Williamson, West 7569). Virginia 25661.

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(Catalog of Federal Domestic Assistance No. at the office of the Chief Executive National Environmental Policy Act. 83.100, ‘‘Flood Insurance.’’) Officer of each community. The This rule is categorically excluded from Dated: August 23, 2005. respective addresses are listed in the the requirements of 44 CFR part 10, David I. Maurstad, table below. Environmental Consideration. No Acting Director, Mitigation Division, FOR FURTHER INFORMATION CONTACT: environmental impact assessment has Emergency Preparedness and Response Doug Bellomo, P.E., Hazard been prepared. Directorate. Identification Section, Emergency Regulatory Flexibility Act. The [FR Doc. 05–17626 Filed 9–2–05; 8:45 am] Preparedness and Response Directorate, Mitigation Division Director of the BILLING CODE 9110–12–P FEMA, 500 C Street, SW., Washington, Emergency Preparedness and Response DC 20472, (202) 646–2903. Directorate certifies that this rule is SUPPLEMENTARY INFORMATION: The exempt from the requirements of the DEPARTMENT OF HOMELAND modified BFEs are not listed for each Regulatory Flexibility Act because SECURITY community in this interim rule. modified BFEs are required by the Flood However, the address of the Chief Disaster Protection Act of 1973, 42 Federal Emergency Management Executive Officer of the community U.S.C. 4105, and are required to Agency where the modified BFE determinations maintain community eligibility in the are available for inspection is provided. NFIP. No regulatory flexibility analysis 44 CFR Part 65 Any request for reconsideration must has been prepared. [Docket No. FEMA–7577] be based upon knowledge of changed Regulatory Classification. This conditions, or upon new scientific or interim rule is not a significant Changes in Flood Elevation technical data. regulatory action under the criteria of Determinations The modifications are made pursuant Section 3(f) of Executive Order 12866 of to Section 201 of the Flood Disaster September 30, 1993, Regulatory AGENCY: Federal Emergency Protection Act of 1973, 42 U.S.C. 4105, Planning and Review, 58 FR 51735. Management Agency (FEMA), and are in accordance with the National Executive Order 12612, Federalism. Emergency Preparedness and Response Flood Insurance Act of 1968, 42 U.S.C. This rule involves no policies that have Directorate, Department of Homeland 4001 et seq., and with 44 CFR part 65. federalism implications under Executive Security. For rating purposes, the currently Order 12612, Federalism, dated October ACTION: Interim rule. effective community number is shown 26, 1987. and must be used for all new policies SUMMARY: This interim rule lists Executive Order 12778, Civil Justice and renewals. communities where modification of the Reform. This rule meets the applicable The modified BFEs are the basis for Base (1% annual chance) Flood standards of Section 2(b)(2) of Executive the floodplain management measures Elevations (BFEs) is appropriate because Order 12778. that the community is required to either of new scientific or technical data. New adopt or to show evidence of being List of Subjects in 44 CFR Part 65 flood insurance premium rates will be already in effect in order to qualify or calculated from the modified BFEs for Flood insurance, floodplains, to remain qualified for participation in new buildings and their contents. reporting and recordkeeping the National Flood Insurance Program requirements. DATES: These modified BFEs are (NFIP). I currently in effect on the dates listed in Accordingly, 44 CFR part 65 is These modified elevations, together amended to read as follows: the table and revise the Flood Insurance with the floodplain management criteria Rate Map(s) (FIRMs) in effect prior to required by 44 CFR 60.3, are the PART 65—[AMENDED] this determination for each listed minimum that are required. They community. should not be construed to mean that I 1. The authority citation for part 65 From the date of the second the community must change any continues to read as follows: publication of these changes in a existing ordinances that are more Authority: 42 U.S.C. 4001 et seq.; newspaper of local circulation, any stringent in their floodplain Reorganization Plan No. 3 of 1978, 3 CFR, person has ninety (90) days in which to management requirements. The 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, request through the community that the community may at any time enact 3 CFR, 1979 Comp., p. 376. Director reconsider the changes. The stricter requirements of its own, or § 65.4 [Amended] modified elevations may be changed pursuant to policies established by other during the 90-day period. Federal, state or regional entities. I 2. The tables published under the ADDRESSES: The modified BFEs for each The changes in BFEs are in authority of § 65.4 are amended as community are available for inspection accordance with 44 CFR 65.4. shown below:

Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community No. was published modification

Georgia: Mitchell City of Camilla .... July 6, 2005, July 13, The Honorable Alfred G. Powell, Jr., June 29, 2005 ..... 130137B 2005, Camilla Enter- mayor of the city of Camilla, P.O. prise. Box 328, Camilla, Georgia 31730. Pennsylvania: Township of April 8, 2005, April 15, Mr. Chester S. Pogonowski, chair- July 15, 2005 ...... 421045F Bucks. Wrightstown. 2005, Bucks County man of the township of Courtier Times. Wrightstown board of supervisors, 738 Penns Park Road, Wrightstown, Pennsylvania 18940.

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(Catalog of Federal Domestic Assistance No. any appeals resulting from this § 67.11 [Amended] 83.100, ‘‘Flood Insurance.’’) notification. I 2. The tables published under the Dated: August 23, 2005. This final rule is issued in accordance authority of § 67.11 are amended as David I. Maurstad, with Section 110 of the Flood Disaster follows: Acting Director, Mitigation Division, Protection Act of 1973, 42 U.S.C. 4104, Emergency Preparedness and Response and 44 CFR part 67. #Depth in Directorate. feet above The Agency has developed criteria for ground. [FR Doc. 05–17625 Filed 9–2–05; 8:45 am] floodplain management in floodprone *Elevation BILLING CODE 9110–12–P Source of flooding and location in feet areas in accordance with 44 CFR part (NGVD) 60. •Elevation in feet Interested lessees and owners of real (NAVD) DEPARTMENT OF HOMELAND property are encouraged to review the SECURITY proof Flood Insurance Study and FIRM CALIFORNIA available at the address cited below for Federal Emergency Management Santa Barbara County (FEMA Agency each community. Docket No. D–7620) The BFEs and modified BFEs are Arroyo Burro Creek: 44 CFR Part 67 made final in the communities listed Approximately 1,320 feet below. Elevations at selected locations downstream of Cliff Drive .. *6 Approximately 1,550 feet up- Final Flood Elevation Determinations in each community are shown. stream of Foothill Road ..... *366 National Environmental Policy Act. AGENCY: Federal Emergency Santa Barbara County (Unin- This rule is categorically excluded from Management Agency (FEMA), corporated Areas), City of the requirements of 44 CFR part 10, Santa Barbara Emergency Preparedness and Response Environmental Consideration. No Arroyo Burro Creek Overland Directorate, Department of Homeland Flow at Casiano Drive: environmental impact assessment has Security. At the intersection of Casiano been prepared. Drive and Portofino Way ... *126 ACTION: Final rule. Regulatory Flexibility Act. The At downstream side of U.S. Highway 101 ...... *162 SUMMARY: Mitigation Division Director of the Base (1% annual chance) City of Santa Barbara Flood Elevations (BFEs) and modified Emergency Preparedness and Response Arroyo Burro Creek Overland BFEs are made final for the Directorate certifies that this rule is Flow at Palermo Way: communities listed below. The BFEs exempt from the requirements of the At the intersection of Pa- Regulatory Flexibility Act because final lermo Way Drive and Bar- and modified BFEs are the basis for the celona Way ...... *112 floodplain management measures that or modified BFEs are required by the At downstream side of U.S. each community is required either to Flood Disaster Protection Act of 1973, Highway 101 ...... *160 adopt or to show evidence of being 42 U.S.C. 4104, and are required to City of Santa Barbara already in effect in order to qualify or establish and maintain community Arroyo Paredon: eligibility in the NFIP. No regulatory At confluence with Pacific remain qualified for participation in the Ocean ...... *8 National Flood Insurance Program flexibility analysis has been prepared. Approximately 2,750 feet up- (NFIP). Regulatory Classification. This final stream of Foothill Road ..... *219 EFFECTIVE DATES: rule is not a significant regulatory action City of Santa Barbara The date of issuance of Arroyo Paredon Tributary: the Flood Insurance Rate Map (FIRM) under the criteria of Section 3(f) of Executive Order 12866 of September 30, At confluence with Arroyo showing BFEs and modified BFEs for Paredon ...... *33 each community. This date may be 1993, Regulatory Planning and Review, Approximately 130 feet up- obtained by contacting the office where 58 FR 51735. stream of Foothill Road ..... *82 the maps are available for inspection as Executive Order 12612, Federalism. Santa Barbara County (Unin- This rule involves no policies that have corporated Areas) indicated on the table below. Devereaux Creek: federalism implications under Executive ADDRESSES: The final BFEs for each At confluence with Pacific Order 12612, Federalism, dated October community are available for inspection Ocean ...... *7 26, 1987. Approximately 50 feet up- at the office of the Chief Executive Executive Order 12778, Civil Justice stream of Southern Pacific Officer of each community. The Railroad ...... *97 Reform. This rule meets the applicable respective addresses are listed in the Santa Barbara County (Unin- table below. standards of Section 2(b)(2) of Executive corporated Areas), City of Order 12778. Goleta FOR FURTHER INFORMATION CONTACT: Devereaux Creek Tributary 1: Doug Bellomo, P.E., Hazard List of Subjects in 44 CFR Part 67 At confluence with Devereaux Creek ...... *23 Identification Section, Emergency Administrative practice and Preparedness and Response Directorate, Approximately 50 feet up- procedure, flood insurance, reporting stream of Southern Pacific FEMA, 500 C Street SW., Washington, and recordkeeping requirements. Railroad ...... *95 DC 20472, (202) 646–2903. I Accordingly, 44 CFR part 67 is City of Goleta SUPPLEMENTARY INFORMATION: FEMA Devereaux Creek Tributary 2: amended as follows: makes the final determinations listed At confluence with Devereaux Creek ...... *15 below for the modified BFEs for each PART 67—[AMENDED] Approximately 150 feet up- community listed. These modified stream of Southern Pacific elevations have been published in I 1. The authority citation for part 67 Railroad ...... *60 newspapers of local circulation and continues to read as follows: Santa Barbara County (Unin- ninety (90) days have elapsed since that corporated Areas), City of Authority: 42 U.S.C. 4001 et seq.; Goleta publication. The Mitigation Division Reorganization Plan No. 3 of 1978, 3 CFR, Devereaux Creek Tributary 3: Director of the Emergency Preparedness 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, At confluence with and Response Directorate, has resolved 3 CFR, 1979 Comp., p. 376. Devereaux Creek ...... *14

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#Depth in #Depth in approved a deviation to NFS 1802.101 feet above feet above to designate the Executive Director for ground. ground. *Elevation *Elevation the NSSC as head of the contracting Source of flooding and location in feet Source of flooding and location in feet activity for all contracts that directly (NGVD) (NGVD) •Elevation •Elevation support the NSSC. This final rule in feet in feet implements that deviation. (NAVD) (NAVD) B. Regulatory Flexibility Act Approximately 2,050 feet up- Maps available for inspection stream of confluence with at the Santa Barbara City This final rule does not constitute a Devereaux Creek ...... *16 Administrator’s Office, 735 significant revision within the meaning Santa Barbara County (Unin- Anacapa Street, Santa Bar- of FAR 1.501 and Public Law 98–577, bara, California. corporated Areas), City of and publication for public comment is Goleta Santa Barbara County (Unin- East Branch Toro Creek: corporated Areas) not required. However, NASA will At confluence with Toro Maps available for inspection consider comments from small entities Creek ...... *249 at the Santa Barbara County concerning the affected NFS Part 1802 Department of Public Works, Approximately 60 feet up- Water Resources Division, in accordance with 5 U.S.C. 610. stream of State Highway Flood Control and Water 192 ...... *498 Conservation District, 123 C. Paperwork Reduction Act Santa Barbara County (Unin- East Anapamu Street, Santa The Paperwork Reduction Act does corporated Areas) Barbara, California. Fremont Creek: not apply because the changes do not impose recordkeeping or information At confluence with San Jose (Catalog of Federal Domestic Assistance No. Creek (East Valley Road) *85 83.100, ‘‘Flood Insurance.’’) collection requirements which require Approximately 910 feet up- the approval of the Office of stream of Patterson Ave- Dated: August 23, 2005. nue ...... *153 Management and Budget under 44 David I. Maurstad, U.S.C. 3501, et seq. Santa Barbara County (Unin- Acting Director, Mitigation Division, corporated Areas) Emergency Preparedness and Response List of Subjects in 48 CFR Part 1802 Garrapata Creek: At confluence with Pacific Directorate. Government procurement. Ocean ...... *8 [FR Doc. 05–17624 Filed 9–2–05; 8:45 am] Approximately 430 feet up- BILLING CODE 9110–12–P Tom Luedtke, stream of Toro Canyon Assistant Administrator for Procurement. Road (Third Crossing) ...... *456 I Accordingly, 48 CFR part 1802 is Santa Barbara County (Unin- corporated Areas) NATIONAL AERONAUTICS AND amended as follows: Las Positas Creek: SPACE ADMINISTRATION At confluence with Arroyo PART 1802—DEFINITIONS OF WORDS Burro ...... *58 48 CFR Part 1802 AND TERMS Approximately 300 feet up- stream of Modoc Road ...... *120 RIN AD13 I 1. The authority citation for 48 CFR Santa Barbara County (Unin- part 1802 continues to read as follows: corporated Areas), City of Head of Contracting Activity (HCA) Santa Barbara Change for NASA Shared Services Authority: 42 U.S.C. 2473(c)(1). Northridge Creek: Center (NSSC) I 2. Amend section 1802.101 by At confluence with Arroyo revising the definition of ‘‘Contracting Burro ...... *295 AGENCY: National Aeronautics and activity’’ and ‘‘Head of the contracting Approximately 2,425 feet up- Space Administration (NASA). stream of Foothill Road ..... *408 activity (HCA)’’ to read as follows: ACTION: Final rule. City of Santa Barbara 1802.101 Definitions. San Jose Creek: SUMMARY: This final rule revises the Approximately 50 feet up- * * * * * stream of Calle Real ...... *55 NASA FAR Supplement (NFS) by ‘‘Contracting activity’’ in NASA Approximately 810 feet up- amending the definition of ‘‘Contracting includes the NASA Headquarters stream of Patterson Ave- activity’’ and ‘‘Head of the contracting installation, the NASA Shared Services nue ...... *107 activity (HCA)’’ consistent with the Center, and the following field Santa Barbara County (Unin- mission of the NASA Shared Services installations: Ames Research Center, corporated Areas), City of Center (NSSC) which is to provide Goleta Dryden Flight Research Center, Glenn San Roque Creek: selected services in support of Human Research Center at Lewis Field, At confluence with Arroyo Resources, Procurement, Financial Goddard Space Flight Center, Johnson Burro ...... *174 Management and Information Space Center, Kennedy Space Center, Approximately 7,800 feet up- Technology operations across the Langley Research Center, Marshall stream of Ontare Road ..... *484 Agency. City of Santa Barbara Space Flight Center and Stennis Space Toro Creek: EFFECTIVE DATE: September 6, 2005. Center. A major program that may have At confluence with Pacific FOR FURTHER INFORMATION CONTACT: contracts at multiple field centers may Ocean ...... *10 Sheryl Goddard, NASA, Office of also be considered a ‘‘contracting At State Highway 192 (East Valley Road) ...... *494 Procurement, Program Operations activity.’’ Santa Barbara County (Unin- Division; (703) 553–2519; e-mail: * * * * * corporated Areas) [email protected]. ‘‘Head of the contracting activity City of Goleta SUPPLEMENTARY INFORMATION: (HCA)’’ means, for field installations, Maps available for inspection the Director or other head and, for at the Goleta City Hall, 130 A. Background Cremona Drive, Suite B, NASA Headquarters, the Assistant Goleta, California. On May 13, 2005, the Assistant Administrator for Management Systems. City of Santa Barbara Administrator for Procurement For International Space Station (ISS)

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and Space Shuttle Program contracts, (NPR) 6000.1 entitled ‘‘Requirements for NASA procedural requirements will the HCA is the Headquarters Deputy Packaging, Handling, and have little or no impact on small Associate Administrator for ISS and Transportation for Aeronautical and businesses. Shuttle Programs in lieu of the field Space Systems, Equipment and C. Paperwork Reduction Act Center Director(s). For Exploration Associated Components.’’ Specifically, Systems Mission Directorate (ESMD) NFS clause 1852.211–70 will be revised The Paperwork Reduction Act does contracts, the HCA is the Associate to delete the ‘‘E’’ at the end of NPR not apply because this final rule does Administrator for ESMD in lieu of the 6000.1 and the date, namely ‘‘dated not impose any new recordkeeping or field Center Director(s). For NASA April 26, 1999’’. This clause provides information collection requirements, or Shared Services Center (NSSC) direction to the contractor that they collection of information from offerors, contracts, the HCA is the Executive must comply with the NPR. The NPR contractors, or members of the public Director of the NSSC in lieu of the field changes from time to time and so as to that require the approval of the Office of Center Director(s). not have to revise clause 1852.211–70 Management and Budget under 44 * * * * * every time the NPR changes it would be U.S.C. 3501 et seq. best to delete the ‘‘alpha’’ and ‘‘date’’ [FR Doc. 05–17594 Filed 9–2–05; 8:45 am] associated with the NPR. The revised List of Subjects in 48 CFR Part 1852 BILLING CODE 7510–01–P clause will require the contractor to Government procurement. comply with the most recent version of Tom Luedtke, NATIONAL AERONAUTICS AND the NPR which purpose is to establish Assistant Administrator for Procurement. SPACE ADMINISTRATION a standard streamlined approach for packaging, handling, and transportation I Accordingly, 48 CFR part 1852 is 48 CFR Part 1852 shipment activities to adequately amended as follows: maintain the reliability of NASA items RIN 2700–AD16 and achieve their damage-free delivery PART 1852—SOLICITATION to the place and time of ultimate use. In PROVISIONS AND CONTRACT Packaging, Handling, and addition, this change will ensure CLAUSES Transportation consistency with the rest of the NFS I AGENCY: National Aeronautics and because the date and alpha are not 1. The authority citation for 48 CFR Space Administration (NASA). referenced when citing a particular NPR part 1852 continues to read as follows: ACTION: Final rule. in other NFS clauses. Authority: 42 U.S.C. 2473(c)(1). This is not a significant regulatory I 2. In clause 1852.211–70, the date is action and, therefore, was not subject to SUMMARY: This is a final rule to amend revised to read ‘‘(SEPT 2005)’’, and review under section 6(b) of Executive the NASA FAR Supplement (NFS) to paragraph (a) is revised to read as Order 12866, Regulatory Planning and delete the ‘‘alpha’’ and ‘‘date’’ follows: associated with NASA’s Procedural Review, dated September 30, 1993. This Requirements (NPR) 6000.1 referred to rule is not a major rule under 5 U.S.C. 1852.211–70 Packaging, Handling, and in the clause entitled Packaging, 804. Transportation. Handling, and Transportation B. Regulatory Flexibility Act * * * * * (NOVEMBER 2004). (a) The Contractor shall comply with This final rule is not expected to have EFFECTIVE DATE: September 6, 2005. a significant economic impact on a NASA Procedural Requirements (NPR) FOR FURTHER INFORMATION CONTACT: substantial number of small entities 6000.1, ‘‘Requirements for Packaging, Marilyn J. Seppi, NASA, Office of with the meaning of the Regulatory Handling, and Transportation for Procurement, Contract Management Flexibility Act, 5 U.S.C. 601 et seq., Aeronautical and Space Systems, Division; (703) 553–2551; e-mail: because contractors are required to Equipment, and Associated [email protected]. comply with this clause when Components’’, as may be supplemented by the statement of work or SUPPLEMENTARY INFORMATION: packaging, handling, and transporting, and shipping on behalf of NASA to specifications of this contract, for all A. Background maintain reliability of NASA items and items designated as Class I, II, or III. This final rule will delete references to achieve damage-free delivery to their * * * * * to the ‘‘alpha’’ and ‘‘date’’ associated time and place of ultimate use and [FR Doc. 05–17591 Filed 9–2–05; 8:45 am] with NASA Procedural Requirements therefore, changing the date of the BILLING CODE 7510–01–P

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Proposed Rules Federal Register Vol. 70, No. 171

Tuesday, September 6, 2005

This section of the FEDERAL REGISTER index.html. From this site, the public of improving the effectiveness of NRC’s contains notices to the public of the proposed can gain entry into the NRC’s regulatory processes for future nuclear issuance of rules and regulations. The Agencywide Document Access and power facilities. First, several public purpose of these notices is to give interested Management System (ADAMS), which comments identified concerns regarding persons an opportunity to participate in the provides text and image files of NRC’s rule making prior to the adoption of the final whether the proposed rule adequately rules. public documents. If you do not have addressed the relationship between part access to ADAMS or if there are 50 and part 52 and clearly specified the problems in accessing the documents applicable regulatory requirements for NUCLEAR REGULATORY located in ADAMS, contact the NRC each of the regulatory processes in part COMMISSION PDR Reference staff at 1–800–397–4209, 52. In addition, during the period of 301–415–4737, or by e-mail to public comment and thereafter, the staff 10 CFR Parts 1, 2, 10, 19, 20, 21, 25, [email protected]. gained additional insights about ESPs as 26, 50, 51, 52, 54, 55, 72, 73, 75, 95, 140, FOR FURTHER INFORMATION CONTACT: a result of the review of the first three and 170 Nanette V. Gilles, Office of Nuclear ESP applications. The staff also had the RIN 3150—AG24 Reactor Regulation, U.S. Nuclear benefit of public meetings with external Regulatory Commission, Washington, stakeholders on developing NRC staff Licenses, Certifications, and DC 20555–0001, telephone (301) 415– guidance on ESPs and COLs. As a result Approvals for Nuclear Power Plants 1180, e-mail [email protected]; or Jerry N. of these factors, the staff decided that a Wilson, Office of Nuclear Reactor AGENCY: Nuclear Regulatory substantial rewrite and expansion of the Regulation, U.S. Nuclear Regulatory Commission. original rulemaking would be necessary Commission, Washington DC 20555– to ensure that the entire body of NRC ACTION: Availability of draft proposed 0001; telephone (301) 415–3145; e-mail regulations is able to support the rule. [email protected]. agency’s licensing and regulation of SUPPLEMENTARY INFORMATION: On July 3, SUMMARY: The Nuclear Regulatory future nuclear power facilities under 2003, the NRC published a proposed Commission (NRC) is making available part 52. the draft wording of a proposed rulemaking (68 FR 40026) to (1) clarify amendment of its regulations. The and/or correct 10 CFR parts 2, 20, 21, The proposed rule is intended to proposal would amend Title 10 of the 50, 51, 52 (including Appendices A, B, ensure that all regulatory processes in Code of Federal Regulations (10 CFR) and C), 72, 73, 140, and 170; (2) update part 52 are addressed in that part and part 52, ‘‘Early Site Permits; Standard 10 CFR part 52; and (3) incorporate throughout the Commission’s Design Certifications; and Combined stakeholder comments. Upon further regulations and that there is no Licenses for Nuclear Power Plants,’’ and consideration by the NRC staff, the staff ambiguity with respect to the associated regulations based on intends to recommend that the applicability of various requirements to experience gained from early site permit Commission re-propose amendments to each if the regulatory processes in part (ESP) and design certification reviews part 52 and other parts of 10 CFR with 52 (i.e., early site permit, standard and discussions with stakeholders on associated changes that would design approval, standard design the ESP and combined license (COL) supersede the July 2003 proposed rule. certification, combinded license and processes. The changes should improve The NRC has developed draft wording manufacturing license). for the changes to its regulations and the effectiveness and efficiency of the Accordingly, the staff has developed licensing processes for future has made them available on the NRC’s this draft re-proposed rule and intends applicants. The availability of the draft rulemaking Web site at http:// to recommend that it supersede the July rule language is intended to inform ruleforum.llnl.gov. This draft rule stakeholders of the current status of the language is preliminary and may be 2003 proposed rule. The draft re- NRC staff’s activities to amend 10 CFR incomplete in one or more respects. proposed rule contains a rewrite of part part 52. This draft rule language is being 52, as well as changes throughout 10 Publicly available documents related released to inform our stakeholders of CFR to ensure that all regulatory to this rulemaking may be viewed the current status of the part 52 update processes in part 52 are addressed and electronically on the public computers rulemaking. In order to facilitate to remove ambiguity with respect to the located at the NRC’s Public Document stakeholder review, the draft rule applicability of various requirements to Room (PDR), O1 F21, One White Flint language is posted in three separate each of the regulatory processes in part North, 11555 Rockville Pike, Rockville, files: part 52, part 50, and all of the 52. Maryland. The PDR reproduction remaining parts of 10 CFR that have Dated at Rockville, Maryland, this 29th day contractor will copy documents for a proposed changes. The NRC is not of August, 2005. fee. Selected documents can be viewed requesting comments on this draft rule For the Nuclear Regulatory Commission. and downloaded electronically via the language. Rather, comments will be NRC rulemaking Web site at http:// requested when the re-proposed rule is William D. Beckner, ruleforum.llnl.gov. published in the Federal Register. Director, New, Research, and Test Reactors Publicly available documents created Following the close of the public Program, Division of Regulatory Improvement or received at the NRC after November comment period on the July 2003 rule, Programs, Office of Nuclear Regulator 1, 1999, are available electronically at a number of factors led the staff to Regulation. the NRC’s Electronic Reading Room at question whether the proposed rule [FR Doc. 05–17494 Filed 9–2–05; 8:45 am] http://www.nrc.gov/NRC/ADAMS/ would meet the Commission’s objective BILLING CODE 7590–01–P

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DEPARTMENT OF TRANSPORTATION Washington 98124–2207, for the service are made from 2024 aluminum alloy; information identified in this proposed however, the manufacturer has Federal Aviation Administration AD. informed us that the upper deck floor FOR FURTHER INFORMATION CONTACT: Ivan beam at station 400 on some Model 14 CFR Part 39 Li, Aerospace Engineer, Airframe 747–400 series airplanes was made from [Docket No. FAA–2005–22288; Directorate Branch, ANM–120S, FAA, Seattle 7050 aluminum alloy. Investigation Identifier 2005–NM–132–AD] Aircraft Certification Office, 1601 Lind revealed that floor beams made from Avenue, SW., Renton, Washington 7050 aluminum alloy are less resistant RIN 2120–AA64 98055–4056; telephone (425) 917–6437; to fatigue cracking than floor beams made from 2024 aluminum alloy. Airworthiness Directives; Boeing fax (425) 917–6590. Cracking in the upper deck floor beam, Model 747–400 Series Airplanes SUPPLEMENTARY INFORMATION: if not detected and corrected, could Comments Invited AGENCY: Federal Aviation extend and sever the floor beam. A Administration (FAA), Department of We invite you to submit any relevant severed floor beam could result in loss Transportation (DOT). written data, views, or arguments of controllability and rapid ACTION: Notice of proposed rulemaking regarding this proposed AD. Include the decompression of the airplane. Upper deck floor beams made from (NPRM). docket number ‘‘FAA–2005–22288; Directorate Identifier 2005–NM–132– 7050 aluminum alloy at station 400 on SUMMARY: The FAA proposes to adopt a AD’’ at the beginning of your comments. certain Model 747–400 series airplanes new airworthiness directive (AD) for We specifically invite comments on the are similar to those on the affected certain Boeing Model 747–400 series overall regulatory, economic, Model 747–100, –200F, and –300 series airplanes. This proposed AD would environmental, and energy aspects of airplanes. Therefore, all these models require doing a conductivity test of the the proposed AD. We will consider all may be subject to the same unsafe upper deck floor beam at station 400 to comments received by the closing date condition. identify the floor beam material. If the and may amend the proposed AD in Other Related Rulemaking floor beam is manufactured from 7050 light of those comments. aluminum alloy, this proposed AD We will post all comments we On August 30, 2002, we issued AD would also require inspecting the upper receive, without change, to http:// 2002–18–04, amendment 39–12878 (67 deck floor beam and certain fastener dms.dot.gov, including any personal FR 57510, September 11, 2001), holes at the floor beam upper chord for information you provide. We will also applicable to certain Boeing Model 747– cracking; repairing any cracking if post a report summarizing each 100, 747–100B, 747–100B SUD, 747– necessary; and doing a preventative substantive verbal contact with FAA 200B, 747–300, 747SR, and 747SP series modification. This proposed AD results personnel concerning this proposed AD. airplanes. That AD requires one-time from several reports indicating that Using the search function of that web inspections for cracking in certain upper fatigue cracking was found in upper site, anyone can find and read the deck floor beams and follow-on actions. deck floor beams made from 7050 comments in any of our dockets, AD 2002–18–04 does not affect the aluminum alloy. We are proposing this including the name of the individual requirements of this proposed AD. On April 4, 2005, we issued AD 2005– AD to find and fix cracking in the upper who sent the comment (or signed the 07–21, amendment 39–14046 (70 FR deck floor beam, which could extend comment on behalf of an association, 18277, April 11, 2005), applicable to all and sever the floor beam. A severed business, labor union, etc.). You may Boeing Model 747–200F and –200C floor beam could result in loss of review DOT’s complete Privacy Act series airplanes. That AD requires controllability and rapid decompression Statement in the Federal Register repetitive detailed inspections or a one- of the airplane. published on April 11, 2000 (65 FR 19477–78), or you may visit http:// time open-hole high frequency eddy DATES: We must receive comments on dms.dot.gov. current inspection to detect cracking of this proposed AD by October 21, 2005. certain areas of the upper deck floor ADDRESSES: Use one of the following Examining the Docket beams, and corrective actions if addresses to submit comments on this You may examine the AD docket on necessary. That AD also requires one- proposed AD. the Internet at http://dms.dot.gov, or in time inspections for cracking of the web, • DOT Docket Web site: Go to person at the Docket Management upper chord, and strap of the upper http://dms.dot.gov and follow the Facility office between 9 a.m. and 5 deck floor beams, and modification or instructions for sending your comments p.m., Monday through Friday, except repair of the upper deck floor beams. electronically. Federal holidays. The Docket AD 2005–07–21 does not affect the • Government-wide rulemaking Web Management Facility office (telephone requirements of this proposed AD. site: Go to http://www.regulations.gov (800) 647–5227) is located on the plaza and follow the instructions for sending level of the Nassif Building at the DOT Relevant Service Information your comments electronically. street address stated in the ADDRESSES We have reviewed Boeing Alert • Mail: Docket Management Facility, section. Comments will be available in Service Bulletin 747–53A2509, dated U.S. Department of Transportation, 400 the AD docket shortly after the Docket June 9, 2005. The service bulletin Seventh Street SW., Nassif Building, Management System receives them. describes procedures for doing a Room PL–401, Washington, DC 20590. conductivity test of the upper deck floor • Fax: (202) 493–2251. Discussion beam at station 400 to identify the floor • Hand Delivery: Room PL–401 on We have received several reports beam material, and if the floor beam is the plaza level of the Nassif Building, indicating that fatigue cracking was manufactured from 7050 aluminum 400 Seventh Street SW., Washington, found in upper deck floor beams made alloy, accomplishing the following DC, between 9 a.m. and 5 p.m., Monday from 7050 aluminum alloy, on Boeing actions: through Friday, except Federal holidays. Model 747–100, –200F, and –300 series • Doing a one-time detailed Contact Boeing Commercial airplanes. The upper deck floor beams inspection of the floor beam for Airplanes, P.O. Box 3707, Seattle, on most Model 747–400 series airplanes cracking.

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• Doing a one-time high frequency the proposed AD for U.S. operators is PART 39—AIRWORTHINESS eddy current inspection (HFEC) of $2,210, or $130 per airplane. DIRECTIVES certain fastener holes at the floor beam Authority for This Rulemaking upper chord for cracking. 1. The authority citation for part 39 • Contacting the manufacturer for Title 49 of the United States Code continues to read as follows: repair instructions if any cracking is specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. found during the detailed inspection of rules on aviation safety. Subtitle I, § 39.13 [Amended] the floor beam. Section 106, describes the authority of • Oversizing fastener holes if any the FAA Administrator. Subtitle VII, 2. The Federal Aviation cracking is found during the HFEC Aviation Programs, describes in more Administration (FAA) amends § 39.13 inspection of certain fastener holes; and detail the scope of the Agency’s by adding the following new contacting the manufacturer for repair authority. airworthiness directive (AD): data if a certain edge margin cannot be We are issuing this rulemaking under Boeing: Docket No. FAA–2005–22288; maintained when oversizing the fastener the authority described in subtitle VII, Directorate Identifier 2005–NM–132–AD. holes. part A, subpart III, section 44701, Comments Due Date • Contacting the manufacturer for ‘‘General requirements.’’ Under that (a) The FAA must receive comments on instructions on doing a preventative section, Congress charges the FAA with this AD action by October 21, 2005. modification. promoting safe flight of civil aircraft in • Reporting inspection results to the air commerce by prescribing regulations Affected ADs manufacturer. for practices, methods, and procedures (b) None. Accomplishing the actions specified the Administrator finds necessary for Applicability in the service information is intended to safety in air commerce. This regulation (c) This AD applies to Boeing Model 747– adequately address the unsafe is within the scope of that authority 400 series airplanes, certificated in any condition. because it addresses an unsafe condition category; as identified in Boeing Alert that is likely to exist or develop on FAA’s Determination and Requirements Service Bulletin 747–53A2509, dated June 9, products identified in this rulemaking of the Proposed AD 2005. action. Unsafe Condition We have evaluated all pertinent Regulatory Findings information and identified an unsafe (d) This AD results from several reports condition that is likely to exist or indicating that fatigue cracking was found in We have determined that this upper deck floor beams made from 7050 develop on other airplanes of this same proposed AD would not have federalism aluminum alloy. We are issuing this AD to type design. For this reason, we are implications under Executive Order find and fix cracking in the upper deck floor proposing this AD, which would require 13132. This proposed AD would not beam, which could extend and sever the floor accomplishing the actions specified in have a substantial direct effect on the beam. A severed floor beam could result in the service information described States, on the relationship between the loss of controllability and rapid previously, except as discussed under national Government and the States, or decompression of the airplane. ‘‘Difference Between the Proposed AD on the distribution of power and Compliance and Service Bulletin.’’ The proposed AD responsibilities among the various (e) You are responsible for having the would also require sending the levels of government. actions required by this AD performed within inspection results to the manufacturer. For the reasons discussed above, I the compliance times specified, unless the Difference Between the Proposed AD certify that the proposed regulation: actions have already been done. and Service Bulletin 1. Is not a ‘‘significant regulatory Conductivity Test action’’ under Executive Order 12866; The service bulletin specifies to (f) Before an airplane has accumulated contact the manufacturer for 2. Is not a ‘‘significant rule’’ under the 15,000 total flight cycles, do a conductivity instructions on how to repair certain DOT Regulatory Policies and Procedures test of the upper deck floor beam at station conditions, but this proposed AD would (44 FR 11034, February 26, 1979); and 400 to identify the floor beam material, in accordance with Part II of the require repairing those conditions in 3. Will not have a significant economic impact, positive or negative, Accomplishment Instructions of Boeing Alert one of the following ways: Service Bulletin 747–53A2509, dated June 9, • Using a method that we approve; or on a substantial number of small entities 2005. If the upper deck floor beam is not • Using data that meet the under the criteria of the Regulatory made from 7050 aluminum alloy, no further certification basis of the airplane, and Flexibility Act. action is required by this AD. If the upper that have been approved by an We prepared a regulatory evaluation deck floor beam is made from 7050 Authorized Representative for the of the estimated costs to comply with aluminum alloy, do the actions specified in Boeing Commercial Airplanes this proposed AD and placed it in the paragraphs (f)(1), (f)(2), and (f)(3) of this AD. Delegation Option Authorization AD docket. See the ADDRESSES section Inspections and Corrective Actions, if Organization whom we have authorized for a location to examine the regulatory Applicable to make those findings. evaluation. (1) Before an airplane has accumulated List of Subjects in 14 CFR Part 39 15,000 total flight cycles, do a detailed Costs of Compliance inspection of the upper deck floor beam at There are about 123 airplanes of the Air transportation, Aircraft, Aviation station 400 for cracking, and do a high affected design in the worldwide fleet. safety, Safety. frequency eddy current (HFEC) inspection of This proposed AD would affect about 17 certain fastener holes at the floor beam upper The Proposed Amendment chord for cracking, in accordance with Part airplanes of U.S. registry. The proposed III of the Accomplishment Instructions of conductivity test would take about 2 Accordingly, under the authority Boeing Alert Service Bulletin 747–53A2509, work hours per airplane, at an average delegated to me by the Administrator, dated June 9, 2005. If any cracking is found labor rate of $65 per work hour. Based the FAA proposes to amend 14 CFR part during the HFEC inspection of certain on these figures, the estimated cost of 39 as follows: fasteners holes, before further flight, repair

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the cracking in accordance with Figure 3 of DEPARTMENT OF TRANSPORTATION Contact Boeing Commercial the service bulletin. If any cracking is found Airplanes, P.O. Box 3707, Seattle, during the detailed inspection of the upper Federal Aviation Administration Washington 98124–2207, for the service deck floor beam, and the service bulletin information identified in this proposed specifies to contact Boeing for appropriate 14 CFR Part 39 AD. action: Before further flight, repair the [Docket No. FAA–2005–22289; Directorate FOR FURTHER INFORMATION CONTACT: Ivan cracking using a method approved in Identifier 2005–NM–101–AD] Li, Aerospace Engineer, Airframe accordance with paragraph (g) of this AD. Branch, ANM–120S, FAA, Seattle RIN 2120–AA64 Reporting Requirement Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington (2) Submit a report of the findings (both Airworthiness Directives; Boeing 98055–4056; telephone (425) 917–6437; positive and negative) of the inspections Model 747–100, 747–100B, 747–200B, fax (425) 917–6590. required by paragraph (f)(1) of this AD to 747–200C, 747–200F, 747–400F, 747SR, Boeing Commercial Airplanes; Attention: and 747SP Series Airplanes SUPPLEMENTARY INFORMATION: Manager, Airline Support; P.O. Box 3707 MC AGENCY: Federal Aviation Comments Invited 04–ER; Seattle, Washington 98124–2207; fax Administration (FAA), Department of We invite you to submit any relevant (425) 266–5562; at the applicable time Transportation (DOT). written data, views, or arguments specified in paragraph (f)(2)(i) or (f)(2)(ii) of ACTION regarding this proposed AD. Include the this AD. The report must include the : Notice of proposed rulemaking docket number ‘‘FAA–2005–22289; inspection results, a description of any (NPRM). Directorate Identifier 2005–-NM–101– discrepancies found, the airplane serial SUMMARY: The FAA proposes to adopt a number, and the number of landings and AD’’ at the beginning of your comments. new airworthiness directive (AD) for We specifically invite comments on the flight hours on the airplane. Under the certain Boeing Model 747–100, 747– provisions of the Paperwork Reduction Act of overall regulatory, economic, 100B, 747–200B, 747–200C, 747–200F, environmental, and energy aspects of 1980 (44 U.S.C. 3501 et seq.), the Office of 747–400F, 747SR, and 747SP series Management and Budget (OMB) has the proposed AD. We will consider all airplanes, without a stretched upper comments received by the closing date approved the information collection deck or stretched upper deck requirements contained in this AD and has and may amend the proposed AD in modification. This proposed AD would light of those comments. assigned OMB Control Number 2120–0056. require detailed and high-frequency (i) If the inspections were done after the We will post all comments we eddy current inspections for cracks at receive, without change, to http:// effective date of this AD: Submit the report the outboard ends of each affected within 30 days after the inspection. dms.dot.gov, including any personal tension tie and of the surrounding information you provide. We will also (ii) If the inspections were done prior to structure, and related investigative and the effective date of this AD: Submit the post a report summarizing each corrective actions if necessary. This substantive verbal contact with FAA report within 30 days after the effective date proposed AD results from a report of a of this AD. personnel concerning this proposed AD. crack in the tension tie at the body Using the search function of that web Preventative Modification station 820 frame connection, and site, anyone can find and read the (3) Before an airplane has accumulated cracks found on the Boeing 747SR comments in any of our dockets, 20,000 total flight cycles, do a preventative fatigue-test airplane in both the tension including the name of the individual modification using a method approved in ties and frames at the tension tie to who sent the comment (or signed the accordance with paragraph (g) of this AD. frame connections at body stations 800, comment on behalf of an association, 820, and 840. We are proposing this AD business, labor union, etc.). You may Alternative Methods of Compliance to find and fix cracks in the tension ties, review DOT’s complete Privacy Act (AMOCs) which could lead to cracks in the skin Statement in the Federal Register (g)(1) The Manager, Seattle Aircraft and body frame and result in rapid in- published on April 11, 2000 (65 FR Certification Office (ACO), FAA, has the flight depressurization of the airplane. 19477–78), or you may visit http:// authority to approve AMOCs for this AD, if DATES: We must receive comments on dms.dot.gov. requested in accordance with the procedures this proposed AD by October 21, 2005. Examining the Docket found in 14 CFR 39.19. ADDRESSES: Use one of the following (2) An AMOC that provides an acceptable addresses to submit comments on this You may examine the AD docket on level of safety may be used for any repair proposed AD. the Internet at http://dms.dot.gov, or in required by this AD, if it is approved by an • DOT Docket Web site: Go to person at the Docket Management Authorized Representative for the Boeing http://dms.dot.gov and follow the Facility office between 9 a.m. and 5 Commercial Airplanes Delegation Option instructions for sending your comments p.m., Monday through Friday, except Authorization Organization who has been electronically. Federal holidays. The Docket authorized by the Manager, Seattle ACO, to • Government-wide rulemaking Web Management Facility office (telephone make those findings. For a repair method to site: Go to http://www.regulations.gov (800) 647–5227) is located on the plaza be approved, the repair must meet the and follow the instructions for sending level of the Nassif Building at the DOT certification basis of the airplane, and the your comments electronically. street address stated in the ADDRESSES approval must specifically refer to this AD. • Mail: Docket Management Facility, section. Comments will be available in Issued in Renton, Washington, on August U.S. Department of Transportation, 400 the AD docket shortly after the Docket 29, 2005. Seventh Street SW., Nassif Building, Management System receives them. Kalene C. Yanamura, Room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. Discussion Acting Manager, Transport Airplane • Hand Delivery: Room PL–401 on We have received a report indicating Directorate, Aircraft Certification Service. the plaza level of the Nassif Building, that, during routing maintenance on a [FR Doc. 05–17608 Filed 9–2–05; 8:45 am] 400 Seventh Street SW., Washington, 747–200F series airplane, one operator BILLING CODE 4910–13–P DC, between 9 a.m. and 5 p.m., Monday found a crack in the tension tie at the through Friday, except Federal holidays. body station (STA) 820 frame

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connection. The crack was 0.125 inch bulletin describes procedures for doing require you to repair those conditions in long and located at a fastener hole. The repetitive detailed and high-frequency one of the following ways: manufacturer then inspected the 747SR eddy current (HFEC) inspections for • Using a method that we approve; or fatigue-test airplane and found similar cracks at the outboard ends of each • cracks in both the tension ties and affected tension tie and of the Using data that meet the frames at the tension ties to the frame surrounding structure. If any cracking is certification basis of the airplane, and connection. The cracks were found at found, the service bulletin describes that have been approved by an STAs 800, 820, and 840 at 40,000 total procedures for related investigative and Authorized Representative for the flight cycles (20,000 operating cycles, corrective actions. These actions Boeing Commercial Airplanes 20,000 test cycles). Cracks in the frames include doing all applicable repairs and Delegation Option Authorization were up to 1.25 inches long, and cracks doing further HFEC inspections of Organization whom we have authorized in the tension ties were up to 0.20 inch certain fastener holes until the to make those findings. long. Cracks in the tension ties, if not inspection indicates that the repair has This difference has been coordinated detected and corrected before they reach removed all cracking. If the cracking with the manufacturer. critical crack lengths, could lead to exceeds certain limits defined in the cracks in the skin and body frame and service bulletin, or if the area cannot be Interim Action result in rapid in-flight depressurization repaired without exceeding certain We consider this proposed AD of the airplane. limits, or if the discrepancy is at certain interim action. The manufacturer is Other Relevant Rulemaking locations defined in the service bulletin, currently developing a modification that the corrective action is contacting will address the unsafe condition On September 4, 1984, we issued AD Boeing for repair instructions. 84–19–01, amendment 39–4913 (49 FR identified in this AD. Once this 35365, September 17, 1984) for Boeing FAA’s Determination and Requirements modification is developed, approved, Model 747 series airplanes. That AD of the Proposed AD and available, we may consider was prompted by a report of a crack that We have evaluated all pertinent additional rulemaking. occurred during fatigue testing. That AD information and identified an unsafe Costs of Compliance requires repetitive close visual condition that is likely to exist or inspections for cracks of the tension tie develop on other airplanes of this same There are about 458 airplanes of the at STA 760 for certain airplanes and at type design. For this reason, we are affected design in the worldwide fleet. STA 780 for certain other airplanes, and proposing this AD, which would require This proposed AD would affect about repair if necessary. We issued that AD accomplishing the actions specified in 141 airplanes of U.S. registry. The to detect cracks and prevent failure of the service information described proposed inspections would take about the frame to tension tie joint structure. previously, except as discussed under 8 work hours per airplane, per tension The airplanes in the applicability of AD ‘‘Difference Between the Proposed AD tie location. There are between 8 and 12 84–19–01 would also be subject to the and the Service Bulletin.’’ tension tie locations on each airplane, requirements of this proposed AD. Certain actions in this proposed AD depending on the airplane’s On June 14, 1994, we issued AD 94– are alternative methods of compliance configuration. The average labor rate is 13–06, amendment 39–8946 (59 FR (AMOCs) for certain actions in the ADs $65 per work hour. Based on these 32879, June 27, 1994), for certain Boeing referenced below. All provisions of the figures, the estimated cost of the Model 747 series airplanes. That AD referenced ADs, including applicable proposed AD for U.S. operators is requires inspections to detect cracking post-modification inspection thresholds, between $586,560 and $879,840, or in certain fuselage upper deck tension remain fully applicable and must be between $4,160 and $6,240 per airplane, ties, and repair or modification of any complied with. per inspection cycle. cracked tension ties. We issued that AD • Repairs of the aft tension tie to prevent failure of two or more tension channels in accordance with this Authority for This Rulemaking ties and the resultant rapid proposed AD would be AMOCs to the Title 49 of the United States Code decompression of the airplane. The repair requirements of paragraph A. of specifies the FAA’s authority to issue airplanes in the applicability of AD 94– AD 84–19–01, and paragraphs (a)(2) and rules on aviation safety. Subtitle I, 13–06 would also be subject to the (b)(2) of AD 94–13–06. • section 106, describes the authority of requirements of this proposed AD. The inspection requirements of this the FAA Administrator. Subtitle VII, On March 24, 2004, we issued AD proposed AD would be AMOCs for the Aviation Programs, describes in more 2004–07–22, amendment 39–13566 (69 post-modification inspection detail the scope of the Agency’s FR 18250, April 7, 2004), for all Boeing requirements of paragraph B. of AD 84– authority. Model 747 series airplanes. That AD 19–01, and paragraph (b) of AD 94–13– requires revising the FAA-approved 06. We are issuing this rulemaking under maintenance or inspection program to • The inspection requirements of this the authority described in subtitle VII, include repetitive inspections for proposed AD would be AMOCs for the part A, subpart III, section 44701, discrepancies of various structural corresponding requirements of ‘‘General requirements.’’ Under that significant items (SSIs); as listed in paragraphs (c) and (d) of AD 2004–07– section, Congress charges the FAA with Boeing Document No. D6–35022, 22 for the inspections of SSI item F–19A promoting safe flight of civil aircraft in ‘‘Supplemental Structural Inspection of the SSID in the area addressed by this air commerce by prescribing regulations Document (SSID),’’ Revision G, dated proposed AD. for practices, methods, and procedures December 2000 (referred to after this as the Administrator finds necessary for Difference Between the Proposed AD ‘‘the SSID’’); and repair if necessary. safety in air commerce. This regulation and the Service Bulletin is within the scope of that authority Relevant Service Information The service bulletin specifies that you because it addresses an unsafe condition We have reviewed Boeing Special may contact the manufacturer for that is likely to exist or develop on Attention Service Bulletin 747–53– instructions on how to repair certain products identified in this rulemaking 2502, dated April 21, 2005. The service conditions, but this proposed AD would action.

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Regulatory Findings Unsafe Condition this AD. All provisions of the referenced ADs, including applicable post-modification We have determined that this (d) This AD results from a report of a crack in the tension tie at the body station 820 inspection thresholds, remain fully proposed AD would not have federalism applicable and must be complied with. implications under Executive Order frame connection, and cracks found on the Boeing 747SR fatigue-test airplane in both (i) Repairs of the aft tension tie channels 13132. This proposed AD would not the tension ties and frames at the tension tie done in accordance with this AD are AMOCs have a substantial direct effect on the to frame connections at body stations 800, for the repair requirements of paragraph A. States, on the relationship between the 820, and 840. We are issuing this AD to find of AD 84–19–01, amendment 39–4913, and national Government and the States, or and fix cracks in the tension ties, which paragraphs (a)(2) and (b)(2) of AD 94–13–06, on the distribution of power and could lead to cracks in the skin and body amendment 39–8946. responsibilities among the various frame and result in rapid in-flight (ii) The inspection requirements of this AD depressurization of the airplane. are AMOCs for the post modification levels of government. inspection requirements of paragraph B. of For the reasons discussed above, I Compliance AD 84–19–01, and paragraph (b) of AD 94– certify that the proposed regulation: (e) You are responsible for having the 13–06. 1. Is not a ‘‘significant regulatory actions required by this AD performed within (iii) The inspection requirements of this action’’ under Executive Order 12866; the compliance times specified, unless the AD are AMOCs for the inspections of 2. Is not a ‘‘significant rule’’ under the actions have already been done. structural significant item (SSI) F–19A of DOT Regulatory Policies and Procedures Boeing Supplemental Structural Inspection Repetitive Inspections and Corrective Document D6–35022, Revision G, dated (44 FR 11034, February 26, 1979); and Actions 3. Will not have a significant December 2000, as required by paragraphs (c) economic impact, positive or negative, (f) At the applicable time in paragraph and (d) of AD 2004–07–22, amendment 39– on a substantial number of small entities (f)(1) or (f)(2) of this AD: Do detailed and 13566. high-frequency eddy current inspections for under the criteria of the Regulatory cracks at the outboard ends of each affected Issued in Renton, Washington, on August Flexibility Act. tension tie and of the surrounding structure. 29, 2005. We prepared a regulatory evaluation If any cracking is found: Before further flight, Kalene C. Yanamura, of the estimated costs to comply with do all applicable corrective and related Acting Manager, Transport Airplane this proposed AD and placed it in the investigative actions. Do all actions in Directorate, Aircraft Certification Service. AD docket. See the ADDRESSES section accordance with the Accomplishment [FR Doc. 05–17609 Filed 9–2–05; 8:45 am] Instructions of Boeing Special Attention for a location to examine the regulatory BILLING CODE 4910–13–P evaluation. Service Bulletin 747–53–2502, dated April 21, 2005. Where the service bulletin specifies List of Subjects in 14 CFR Part 39 to contact Boeing for repair instructions: DEPARTMENT OF TRANSPORTATION Air transportation, Aircraft, Aviation Before further flight, repair the area using a method approved in accordance with safety, Safety. paragraph (g) of this AD. Federal Aviation Administration The Proposed Amendment (1) For airplanes identified in the service bulletin as Group 1, 3, and 6 airplanes: Do 14 CFR Part 39 Accordingly, under the authority the first inspections before the accumulation delegated to me by the Administrator, of 20,000 total flight cycles, or within 1,000 [Docket No. FAA–2005–22290; Directorate the FAA proposes to amend 14 CFR part flight cycles after the effective date of this Identifier 2005–NM–129–AD] 39 as follows: AD, whichever occurs later; and repeat the inspections thereafter at intervals not to RIN 2120–AA64 PART 39—AIRWORTHINESS exceed 4,000 flight cycles. DIRECTIVES (2) For airplanes identified in the service Airworthiness Directives; BAE bulletin as Group 2, 4, and 5 airplanes: Do Systems (Operations) Limited 1. The authority citation for part 39 the first inspections before the accumulation (Jetstream) Model 4101 Airplanes continues to read as follows: of 17,000 total flight cycles, or within 1,000 AGENCY: Authority: 49 U.S.C. 106(g), 40113, 44701. flight cycles after the effective date of this Federal Aviation AD, whichever occurs later; and repeat the Administration (FAA), Department of § 39.13 [Amended] inspections thereafter at intervals not to Transportation (DOT). exceed 3,000 flight cycles. 2. The Federal Aviation ACTION: Notice of proposed rulemaking Administration (FAA) amends § 39.13 Alternative Methods of Compliance (NPRM). by adding the following new (AMOCs) airworthiness directive (AD): (g)(1) The Manager, Seattle Aircraft SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing: Docket No. FAA–2005–22289; Certification Office (ACO), FAA, has the Directorate Identifier 2005–NM–101–AD. authority to approve AMOCs for this AD, if BAE Systems (Operations) Limited requested in accordance with the procedures (Jetstream) Model 4101 airplanes. This Comments Due Date found in 14 CFR 39.19. proposed AD would require modifying (a) The FAA must receive comments on (2) An AMOC that provides an acceptable the wiring of the starter-generator this AD action by October 21, 2005. level of safety may be used for any repair terminal block. This proposed AD required by this AD, if it is approved by an results from a report of total electrical Affected ADs Authorized Representative for the Boeing failure just as the airplane landed. We (b) None. Commercial Airplanes Delegation Option Authorization Organization who has been are proposing this AD to prevent total Applicability authorized by the Manager, Seattle ACO, to electrical failure and consequent (c) This AD applies to Boeing Model 747– make those findings. For a repair method to reduced controllability of the airplane. 100, 747–100B, 747–200B, 747–200C, 747– be approved, the repair must meet the DATES: We must receive comments on 200F, 747–400F, 747SR, and 747SP series certification basis of the airplane, and the this proposed AD by October 6, 2005. airplanes, certificated in any category; approval must specifically refer to this AD. without a stretched upper deck or stretched (3) Certain actions required by paragraph ADDRESSES: Use one of the following upper deck modification; as identified in (f) of this AD are AMOCs for certain addresses to submit comments on this Boeing Special Attention Service Bulletin requirements in the ADs identified in proposed AD. 747–53–2502, dated April 21, 2005. paragraphs (g)(1)(i), (g)(2)(ii), and (g)(3)(iii) of • DOT Docket Web site: Go to

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http://dms.dot.gov and follow the person at the Docket Management FAA’s Determination and Requirements instructions for sending your comments Facility office between 9 a.m. and 5 of the Proposed AD electronically. p.m., Monday through Friday, except This airplane model is manufactured • Government-wide rulemaking Web Federal holidays. The Docket in the United Kingdom and is type site: Go to http://www.regulations.gov Management Facility office (telephone certificated for operation in the United and follow the instructions for sending (800) 647–5227) is located on the plaza States under the provisions of section your comments electronically. level of the Nassif Building at the DOT 21.29 of the Federal Aviation • Mail: Docket Management Facility, street address stated in the ADDRESSES Regulations (14 CFR 21.29) and the U.S. Department of Transportation, 400 section. Comments will be available in applicable bilateral airworthiness Seventh Street SW., Nassif Building, the AD docket shortly after the Docket agreement. Pursuant to this bilateral Room PL–401, Washington, DC 20590. Management System receives them. airworthiness agreement, the CAA has • Fax: (202) 493–2251. kept the FAA informed of the situation • Hand Delivery: Room PL–401 on Discussion described above. We have examined the the plaza level of the Nassif Building, CAA’s findings, evaluated all pertinent The Civil Aviation Authority (CAA), 400 Seventh Street SW., Washington, information, and determined that we DC, between 9 a.m. and 5 p.m., Monday which is the airworthiness authority for need to issue an AD for airplanes of this through Friday, except Federal holidays. the United Kingdom, notified us that an type design that are certificated for Contact British Aerospace Regional unsafe condition may exist on all BAE operation in the United States. Aircraft American Support, 13850 Systems (Operations) Limited Therefore, we are proposing this AD, Mclearen Road, Herndon, Virginia (Jetstream) Model 4101 airplanes. The which would require accomplishing the 20171, for service information identified CAA advises that a Model Jetstream actions specified in the service in this proposed AD. 4101 airplane had a total electrical information described previously. failure just as the airplane landed. FOR FURTHER INFORMATION CONTACT: Costs of Compliance Todd Thompson, Aerospace Engineer, Although investigations did not uncover International Branch, ANM–116, FAA, all mechanisms that contributed to the This proposed AD would affect about Transport Airplane Directorate, 1601 total electrical failure, investigators 57 airplanes of U.S. registry. The Lind Avenue, SW., Renton, Washington established that a significant proposed actions would take about 10 98055–4056; telephone (425) 227–1175; contributory factor was a chafed exciter work hours per airplane, at an average fax (425) 227–1149. wire to the positive terminal of the labor rate of $65 per work hour. Based on these figures, the estimated cost of starter-generator. The current routing of SUPPLEMENTARY INFORMATION: the proposed AD for U.S. operators is the small wiring at the starter-generator Comments Invited $37,050, or $650 per airplane. terminal block has the potential for We invite you to submit any relevant incorrect routing and possible chafing Authority for This Rulemaking written data, views, or arguments and shorting against the stud of terminal Title 49 of the United States Code regarding this proposed AD. Include the ‘‘B.’’ The starter-generator is currently specifies the FAA’s authority to issue docket number ‘‘FAA–2005–22290; removed for overhaul at 600-flight-hour rules on aviation safety. Subtitle I, Directorate Identifier 2005–NM–129– intervals, and the wires can be damaged Section 106, describes the authority of AD’’ at the beginning of your comments. or misrouted during removal and the FAA Administrator. Subtitle VII, We specifically invite comments on the reinstallation. This condition, if not Aviation Programs, describes in more overall regulatory, economic, corrected, could result in total electrical detail the scope of the Agency’s environmental, and energy aspects of failure and consequent reduced authority. the proposed AD. We will consider all controllability of the airplane. We are issuing this rulemaking under comments received by the closing date the authority described in subtitle VII, and may amend the proposed AD in Relevant Service Information part A, subpart III, section 44701, light of those comments. ‘‘General requirements.’’ Under that We will post all comments we BAE Systems (Operations) Limited section, Congress charges the FAA with receive, without change, to http:// has issued Service Bulletin J41–24–041, promoting safe flight of civil aircraft in dms.dot.gov, including any personal dated May 10, 2004. The service air commerce by prescribing regulations information you provide. We will also bulletin describes procedures for for practices, methods, and procedures post a report summarizing each modifying the wiring of the starter- the Administrator finds necessary for substantive verbal contact with FAA generator terminal block. For airplanes safety in air commerce. This regulation personnel concerning this proposed AD. on which modification JM41360 (a is within the scope of that authority Using the search function of that web modification to the electrical wiring) because it addresses an unsafe condition site, anyone can find and read the has not been incorporated, the that is likely to exist or develop on comments in any of our dockets, procedures include splicing and re- products identified in this rulemaking including the name of the individual routing the wires. For airplanes on action. who sent the comment (or signed the which modification JM41360 has been Regulatory Findings comment on behalf of an association, incorporated, the procedures include re- business, labor union, etc.). You may routing the wires. Accomplishing the We have determined that this review the DOT’s complete Privacy Act actions specified in the service proposed AD would not have federalism implications under Executive Order Statement in the Federal Register information is intended to adequately 13132. This proposed AD would not published on April 11, 2000 (65 FR address the unsafe condition. The CAA 19477–78), or you may visit http:// have a substantial direct effect on the mandated the service information and dms.dot.gov. States, on the relationship between the issued British airworthiness directive national Government and the States, or Examining the Docket G–2005–0006, dated February 7, 2005, on the distribution of power and You may examine the AD docket on to ensure the continued airworthiness of responsibilities among the various the Internet at http://dms.dot.gov, or in these airplanes in the United Kingdom. levels of government.

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For the reasons discussed above, I Modification Rules+Open+To+Comment or the certify that the proposed regulation: (f) Within 6 months after the effective date Federal eRulemaking Portal at http:// 1. Is not a ‘‘significant regulatory of this AD: Modify the wiring of the starter- www.regulations.gov; by e-mail to action’’ under Executive Order 12866; generator terminal block in accordance with [email protected]; by telefax to (410) the Accomplishment Instructions of BAE 966–2830; or by letter to the 2. Is not a ‘‘significant rule’’ under the Systems (Operations) Limited Service Commissioner of Social Security, P.O. DOT Regulatory Policies and Procedures Bulletin J41–24–041, dated May 10, 2004. Box 17703, Baltimore, Maryland 21235– (44 FR 11034, February 26, 1979); and Alternative Methods of Compliance 7703. You may also deliver them to the 3. Will not have a significant (AMOCs) Office of Regulations, Social Security economic impact, positive or negative, (g) The Manager, ANM–116, Transport Administration, 100 Altmeyer Building, on a substantial number of small entities Airplane Directorate, FAA, has the authority 6401 Security Boulevard, Baltimore, under the criteria of the Regulatory to approve AMOCs for this AD, if requested Maryland 21235–6401, between 8 a.m. Flexibility Act. in accordance with the procedures found in and 4:30 p.m. on regular business days. We prepared a regulatory evaluation 14 CFR 39.19. Comments are posted on our Internet of the estimated costs to comply with Related Information site, or you may inspect them on regular this proposed AD and placed it in the (h) British airworthiness directive G–2005– business days by making arrangements AD docket. See the ADDRESSES section 0006, dated February 7, 2005, also addresses with the contact person shown in this for a location to examine the regulatory the subject of this AD. preamble. evaluation. Issued in Renton, Washington, on August Electronic Version List of Subjects in 14 CFR Part 39 29, 2005. Kalene C. Yanamura, The electronic file of this document is Air transportation, Aircraft, Aviation Acting Manager, Transport Airplane available on the date of publication in safety, Safety. Directorate, Aircraft Certification Service. the Federal Register at http:// www.gpoaccess.gov/fr/index.html. The Proposed Amendment [FR Doc. 05–17610 Filed 9–2–05; 8:45 am] BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Accordingly, under the authority Barbara E. Snyder, Social Insurance delegated to me by the Administrator, Specialist, Social Security the FAA proposes to amend 14 CFR part SOCIAL SECURITY ADMINISTRATION Administration, Office of Income 39 as follows: Security Programs, 252 Altmeyer 20 CFR Part 416 Building, 6401 Security Boulevard, PART 39—AIRWORTHINESS Baltimore, MD 21235–6401, (410) 965– RIN 0960–AG13 DIRECTIVES 5655 or TTY 1–800–966–5906, for information about this notice. For 1. The authority citation for part 39 Changes to the Income and Resources information on eligibility or filing for continues to read as follows: Provisions for Supplemental Security Income (SSI) Based on Sections 430, benefits, call our national toll-free Authority: 49 U.S.C. 106(g), 40113, 44701. 435, and 436 of the Social Security number 1–800–772–1213 or TTY 1– § 39.13 [Amended] Protection Act (SSPA) of 2004 800–325–0778, or visit our Internet site, Social Security Online, at http:// 2. The Federal Aviation AGENCY: Social Security Administration www.socialsecurity.gov. Administration (FAA) amends § 39.13 (SSA). by adding the following new ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: airworthiness directive (AD): Background SUMMARY: We propose to revise our BAE Systems (Operations) Limited regulations on how we determine an (Formerly British Aerospace Regional The basic purpose of the SSI program Aircraft): Docket No. FAA–2005–22290; individual’s income and resources (title XVI of the Social Security Act (the Directorate Identifier 2005–NM–129–AD. under the SSI program based on the Act)) is to ensure a minimum level of SSPA of 2004, enacted on March 2, income to people who are age 65 or Comments Due Date 2004. Some of the provisions of the older, or blind or disabled, and who (a) The FAA must receive comments on SSPA make a number of changes in the have limited income and resources. this AD action by October 6, 2005. way we determine income and Section 1611 of the Act provides that Affected ADs resources including: how we calculate SSI payments can be made only to (b) None. infrequent and irregular income; what people who have income and resources interest and dividend income we below specified amounts. Therefore, the Applicability exclude; how we count cash military amount of income and resources a (c) This AD applies to all BAE Systems compensation; and when we exclude person has is a major factor in deciding (Operations) Limited Model Jetstream 4101 gifts for tuition or educational expenses whether the person can receive SSI airplanes, certificated in any category. from income or resources. We are also benefits and in computing the amount Unsafe Condition proposing to apply the exclusions of the benefits. (d) This AD results from a report of total required by the SSPA when determining Public Law 108–203, the SSPA of electrical failure just as the airplane landed. the countable income and resources of 2004, was enacted on March 2, 2004. We are issuing this AD to prevent total an ineligible spouse or ineligible parent. Sections 430, 435, and 436 of this law electrical failure and consequent reduced DATES: To be sure that we consider your affect how income and resources are controllability of the airplane. comments, we must receive them by determined in the SSI program. November 7, 2005. Compliance Section 430 (e) You are responsible for having the ADDRESSES: You may give us your actions required by this AD performed within comments: by using our Internet site Section 430 of Public Law 108–203 the compliance times specified, unless the facility (i.e., Social Security Online) at amended section 1612(b) of the Act as actions have already been done. http://policy.ssa.gov/erm/rules.nsf/ follows:

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Change the Calculation of Infrequent necessary educational expenses. • When they are credited to your and Irregular Income From a Monthly to However, we did count any portion you account, or a Quarterly Basis set aside or actually used for food, • When they are set aside for your use. Prior to the SSPA of 2004, we did not clothing, or shelter as income in the month you received it and, to the extent Members of a uniformed service (as count up to $10 of your earned income defined in 20 CFR 404.1330) are paid in a month or $20 of unearned income any portion of it was retained, as a resource the month following the month twice per month, and receive one Leave in a month if it was infrequent or and Earnings Statement (LES) at the irregular; that is, if you received it only you received it. Under these proposed rules, any portion set aside or used for beginning of the month, which reflects once in a calendar quarter from a single their earnings for services performed in source or if you could not reasonably food, clothing, or shelter will continue to count as income in the month the prior month. The earnings shown on have expected it. If the total amount of the monthly LES consist of the money your infrequent or irregular income for received or as a resource if retained. Section 435 of the SSPA of 2004 actually paid in the second payment a month exceeded $10 of earned income from the previous month and the or $20 of unearned income, we could amended section 1612(b)(7) of the Act to provide that we will exclude a gift (or payment received at the beginning of not use this exclusion. Based on section the current month. The payment 430 of the SSPA of 2004, we now portion of a gift) you use to pay the cost of tuition and fees at any educational received at the beginning of the current exclude the first $30 per calendar month is actually for services performed quarter of earned income and the first (including technical or vocational education) institution when we in the last half of the previous month. $60 per calendar quarter of unearned Thus, both payments reflected on the income if you receive it infrequently or determine your income (and the income of your eligible spouse). Additionally, LES represent services performed in the irregularly. This provision applies to previous month. Because wages are benefits payable on or after July 1, 2004. section 435 of the SSPA of 2004 amended section 1613(a) of the Act to counted when paid, the portion of the Consistent with the provision in money that was paid in the previous provide that we will exclude from section 1612(b)(3) of the Act (as month must be considered as received resources for 9 months after the month amended by section 430(a) of the SSPA) in the previous month, not the current in which it is received, any grant, which provides that this exclusion is month, and the portion paid at the scholarship, fellowship, or gift (or ‘‘determined in accordance with criteria beginning of the current month must be portion of a gift) you use to pay the cost prescribed by the Commissioner of considered in the current month. Prior of tuition and fees at an educational Social Security’’, we are also proposing to the SSPA of 2004, we had to apply (including technical or vocational to revise the definition of infrequent a complex formula to the information on education) institution. These income. We propose that we will the LES for 2 consecutive months to amendments apply to benefits payable consider income to be received determine one month’s wages and infrequently if you receive it only once on or after June 1, 2004. unearned income. during a calendar quarter from a single We also plan to extend this resource Section 436 of the SSPA amended source and you did not receive it in the exclusion to any portion of a grant, section 1611(c) of the Act to provide month immediately preceding that scholarship, or fellowship retained after that remuneration you receive for month or in the month immediately the month of receipt. Prior to the SSPA services performed as a member of a subsequent to that month, regardless of of 2004, section 1612(b)(7) had excluded uniformed service may be treated as whether or not these payments occur in ‘‘any portion’’ of a grant, scholarship, or received in the month in which you different calendar quarters. We consider fellowship from income. When the earned it, if the Commissioner of Social income to be received irregularly if you resource exclusion was added by the Security (the Commissioner) determines cannot reasonably expect to receive it. SSPA, the exclusion covered grants, that this method would promote the scholarships, and fellowships, but only economical and efficient administration Exclude From Income All Interest and specifically referenced portions with of the SSI program. This method of Dividend Income Earned on Countable respect to gifts. In order to have counting allows us to count the money Resources consistent policy on exclusions related shown on the LES for any month as Prior to the SSPA of 2004, there was to tuition and educational expenses, we received in that month, thereby no specific exclusion for interest and are proposing to exclude from resources eliminating the need to apply a complex dividend income you earned on for 9 months any portion of a grant, formula to determine monthly earnings. countable and certain excludable scholarship, fellowship, or gift used to Instead, we can determine monthly resources. Based on section 430 of the pay necessary educational expenses. In earnings by simply adding the amounts SSPA of 2004, we will exclude from addition, we are providing in these shown on the LES issued for that your income determination interest or proposed rules that any portion of a month. dividend income you earn on resources grant, scholarship, fellowship, or gift which are countable under section intended to be used for tuition, fees, or Extending Exclusions in Section 430, 1613(a) of the Act. Also, based on other necessary educational expenses 435, and 436 to the Deeming Process section 430, we will not count interest that is used for another purpose during Section 1614(f) of the Act requires or dividend income on resources that the 9-month resource exclusion period that, when we determine an individual’s are excluded based on a Federal statute will be counted as income in the month eligibility for SSI benefits, we must other than section 1613(a) of the Act. it is used for another purpose. consider the income and resources of an ineligible spouse living in the same These amendments apply to benefits Section 436 payable on or after July 1, 2004. household, or, in the case of a child Under our current rules, your income under the age of 18, the income and Section 435 is counted in the month you receive it resources of an ineligible parent living Prior to the SSPA of 2004, we did not rather than in the month you earn it. We in the same household. We use the term count as unearned income any portion count wages and unearned income at ‘‘deeming’’ to identify this process of of a grant, scholarship, or fellowship the earliest of the following points: considering part of an ineligible you used to pay tuition, fees, or other • When you receive them, spouse’s or parent’s income and

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resources to be the individual’s own of section 430 that excludes from Regulatory Procedures income and resources. Section 1614(f) income interest or dividends earned on Executive Order 12866, as Amended by also grants the Commissioner the countable resources and resources Executive Order 13258 discretion to waive the deeming of excluded under other Federal statutes. income and resources from an ineligible • We propose to amend We have consulted with the Office of spouse or parent to an eligible § 416.1124(c)(3) to reflect the provision Management and Budget (OMB) and individual when the Commissioner in section 435 that states that gifts (or determined that these proposed rules determines that deeming would be portions of gifts) used to pay tuition and meet the criteria for a significant inequitable under the circumstances. fees at any educational institution, regulatory action under Executive Order In addition to adding to our including vocational and technical 12866, as amended by Executive Order regulations the changes in how we institutions, are excluded from income. 13258. Thus, they were reviewed by determine an eligible individual’s • OMB. income and resources required by the Additionally, we propose to add a Regulatory Flexibility Act SSPA, we propose to apply these new § 416.1210(u) and a new § 416.1250 changes when determining the to reflect the provision in section 435 We certify that these proposed rules countable income and resources of an that excludes from resources any grants, will not have a significant economic ineligible spouse or ineligible parent. scholarships, fellowships, or gifts used impact on a substantial number of small These changes are: to pay tuition and fees at an educational entities as they affect individuals only. • Change the calculation of institution (including vocational or Therefore, a regulatory flexibility infrequent and irregular income from a technical institution) for 9 months analysis as provided in the Regulatory monthly to a quarterly basis, and revise beginning the month after the month the Flexibility Act, as amended, is not the definition of infrequent income. educational assistance was received. required. • Exclude from income interest or • We propose to amend § 416.1111(a) dividends earned on countable and § 416.1123(a), and add a new Paperwork Reduction Act resources and resources excluded under § 416.1123(f) to reflect section 436 that These proposed rules impose no other Federal statutes. states that we may consider wages and reporting or recordkeeping requirements • Exclude from income gifts used to unearned income from a uniformed subject to OMB clearance. pay tuition, fees, or other necessary service to be received in the month in (Catalog of Federal Domestic Assistance educational expenses at any educational which such compensation is earned. We Program No. 96.006, Supplemental Security institution, including vocational and also propose a technical amendment to Income) technical institutions. add a cross-reference in § 416.1123(a) to • Exclude from resources gifts used to § 416.1123(e). List of Subjects in 20 CFR Part 416 pay tuition, fees, or other necessary • Finally, we propose to amend Administrative practice and educational expenses at an educational § 416.1161 by revising paragraph (a)(4) procedure, Aged, Blind, Disability institution (including vocational or and adding a new paragraph (a)(26) to benefits, Public assistance programs, technical institution) for 9 months exclude certain interest and dividends Reporting and recordkeeping beginning the month after the month the and gifts used to pay educational requirements, Supplemental Security educational assistance was received. expenses from the income of an Income (SSI). • Consider wages and unearned ineligible spouse and ineligible parent income from a uniformed service to be Dated: August 22, 2005. for deeming purposes. received in the month in which such Jo Anne B. Barnhart, compensation is earned. Clarity of These Regulations Commissioner of Social Security. Extending these changes to the For the reasons set forth in the Executive Order 12866, as amended deeming process is consistent with the preamble, we propose to amend by Executive Order 13258, requires each SSI program’s longstanding treatment of subparts K and L of part 416 of chapter agency to write all rules in plain income and resources of spouses and III of title 20 of the Code of Federal language. In addition to comments you parents, as authorized by section 1614(f) Regulations as follows: of the Act. This treatment avoids using may have on these proposed rules, we assistance programs that benefit spouses also invite your comments on how to PART 416—SUPPLEMENTAL and parents to indirectly support SSI make these rules easier to understand. SECURITY INCOME FOR THE AGED, recipients and provides consistent For example: BLIND, AND DISABLED treatment of income and resources • Have we organized the material to throughout the program. suit your needs? Subpart K—[Amended] • Explanation of Proposed Changes Are the requirements in the rules 1. The authority citation for subpart K clearly stated? We propose to make the following of part 416 continues to read as follows: • changes to our rules on determining Do the rules contain technical Authority: Secs.702(a)(5), 1602, 1611, income and resources under the SSI language or jargon that is unclear? 1612, 1613, 1614(f), 1621, and 1631 of the program to implement the provisions of • Would a different format (grouping Social Security Act (42 U.S.C. 902(a)(5), the SSPA: and order of sections, use of headings, 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, • We propose to revise paragraphing) make the rules easier to and 1383); secs. 211, Pub. L. 93–66, 87 Stat. 154 (42 U.S.C. 1382 note). § 416.1112(c)(2) and § 416.1124(c)(6) to understand? reflect the provision of section 430 that • Would more (but shorter) sections 2. Section 416.1111, paragraph (a), is changes the calculation of infrequent be better? amended by adding a sentence at the and irregular income from a monthly to • end to read as follows: a quarterly basis, and to revise the Could we improve clarity by adding definition of infrequent income. tables, lists, or diagrams? § 416.1111 How we count earned income. • We also propose to add a new • What else could we do to make the (a) * * * We count wages from a § 416.1124(c)(22) to reflect the provision rules easier to understand? uniformed service (as defined in

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§ 404.1330 of this chapter) as received receive it infrequently or irregularly. We § 416.1250 How we count grants, in the month in which they are earned. consider income to be received scholarships, fellowships or gifts. * * * * * infrequently if you receive it only once (a) When we determine your 3. Section 416.1112 is amended by during a calendar quarter from a single resources (or your spouse’s, if any), we revising paragraph (c)(2) to read as source and you did not receive it in the will exclude for 9 months any portion follows: month immediately preceding that of any grant, scholarship, fellowship, or month or in the month immediately gift that you use or set aside to pay the § 416.1112 Earned income we do not subsequent to that month. We consider cost of tuition, fees, or other necessary count. income to be received irregularly if you educational expenses at any educational * * * * * cannot reasonably expect to receive it. institution, including vocational or (c) * * * * * * * * technical institutions. The 9 months (2) The first $30 of earned income (22) Interest and dividend income begin the month after the month you received in a calendar quarter if you from a countable resource or from a receive the educational assistance. receive it infrequently or irregularly. We resource excluded under a Federal (b) We will count as a resource any consider income to be received statute other than section 1613(a) of the portion of a grant, scholarship, infrequently if you receive it only once Social Security Act. fellowship, or gift you (or your spouse, during a calendar quarter from a single 6. Section 416.1161 is amended by if any) did not use or set aside to pay source and you did not receive it in the revising paragraph (a)(4), by removing tuition, fees, or other necessary month immediately preceding that the word ‘‘and’’ at the end of paragraph educational expenses. We will count month or in the month immediately (a)(24), by removing the period at the such portion of a grant, scholarship, subsequent to that month. We consider end of paragraph (a)(25) and adding a fellowship or gift as a resource in the income to be received irregularly if you semicolon in its place followed by the month following the month of receipt. If cannot reasonably expect to receive it. word ‘‘and’’, and by adding a new you use funds that were set aside for * * * * * paragraph (a)(26) to read as follows: tuition, fees, or other necessary 4. Section 416.1123 is amended by educational expenses for another revising paragraph (a) and adding a new § 416.1161 Income of an ineligible spouse, ineligible parent, and essential person for purpose, or if the funds are no longer set paragraph (f) to read as follows: deeming purposes. aside for paying tuition, fees, or other § 416.1123 How we count unearned * * * * * necessary educational expenses within income. (a) * * * the 9-month exclusion period, we will count the funds as income in the month (a) When we count unearned income. (4) Any portion of a grant, you use them for another purpose, or in We count unearned income at the scholarship, fellowship, or gift used or the month when they are no longer set earliest of the following points: when set aside to pay tuition, fees or other aside for paying tuition, fees, or other you receive it or when it is credited to necessary educational expenses; necessary educational expenses, your account or set aside for your use. * * * * * whichever occurs first. We will consider We determine your unearned income for (26) Interest and dividend income any remaining funds as a resource in the each month. We describe exceptions to from a countable resource or from a month following the month we count the rule on how we count unearned resource excluded under a Federal them as income. We will count any income in paragraphs (d), (e) and (f) of statute other than section 1613(a) of the portion of grants, scholarships, this section. Social Security Act. * * * * * fellowships, or gifts remaining unspent * * * * * after the 9-month exclusion period as a (f) Uniformed service compensation. Subpart L—[Amended] resource beginning with the 10th month We count compensation from a after you received the educational uniformed service (as defined in 7. The authority citation for subpart L assistance. § 404.1330 of this chapter) as received of part 416 continues to read as follows: [FR Doc. 05–17588 Filed 9–2–05; 8:45 am] in the month in which it is earned. Authority: Secs. 702(a)(5), 1602, 1611, 5. Section 416.1124 is amended by 1612, 1613, 1614(f), 1621, and 1631 of the BILLING CODE 4191–02–P revising the first sentence in paragraph Social Security Act (42 U.S.C. 902(a)(5), (c)(3), by revising paragraph (c)(6), by 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, removing the word ‘‘and’’ at the end of and 1383); sec. 211, Pub. L. 93–66, 87 Stat. DEPARTMENT OF THE TREASURY paragraph (c)(20), by removing the 154 (42 U.S.C. 1382 note). period at the end of paragraph (c)(21) 8. Section 416.1210 is amended by Internal Revenue Service and adding a semicolon in its place removing the word ‘‘and’’ at the end of followed by the word ‘‘and’’, and by paragraph (s), by removing the period at 26 CFR Part 1 adding paragraph (c)(22) to read as the end of paragraph (t) and adding a follows: semicolon in its place followed by the [REG–108524–00] § 416.1124 Unearned income we do not word ‘‘and’’, and by adding a new RIN 1545–BD80 count. paragraph (u) to read as follows: * * * * * § 416.1210 Exclusions from resources; Section 1446 Regulations; Withholding (c) * * * general. on Effectively-Connected Taxable Income Allocable to Foreign Partners; (3) Any portion of a grant, * * * * * Correction scholarship, fellowship, or gift used or (u) Any portion of a grant, set aside for paying tuition, fees, or scholarship, fellowship, or gift used or AGENCY: Internal Revenue Service (IRS), other necessary educational expenses. set aside for paying tuition, fees, or Treasury. *** other necessary educational expenses as ACTION: Correction to notice of proposed * * * * * provided in § 416.1250. rulemaking and notice of public (6) The first $60 of unearned income 9. Section 416.1250 is added to read hearing. received in a calendar quarter if you as follows:

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SUMMARY: This document corrects a DEPARTMENT OF THE INTERIOR rule directly to the Office of notice of proposed rulemaking (REG– Management and Budget (OMB), Office 108524–00) that was published in the Minerals Management Service of Information and Regulatory Affairs, Federal Register on Wednesday, May OMB Attention: Desk Officer for the 18, 2005 (70 FR 28743). The document 30 CFR Part 250 Department of the Interior (1010–10) via contains regulations providing guidance RIN 1010–AD10 OMB e-mail: under section 1446 of the Internal ([email protected]); or by Revenue Code relating to the Oil and Gas and Sulphur Operations in fax (202) 395–6566; identify with 1010– circumstances under which a the Outer Continental Shelf (OCS)— AD10. Please also send a copy to MMS. partnership may take partner-level Plans and Information—Protection of FOR FURTHER INFORMATION CONTACT: Judy deductions and losses into account in Marine Mammals and Threatened and Wilson, Endangered Species computing its withholding tax Endangered Species Coordinator, Environmental Division, obligation with respect to a foreign (703) 787–1075. AGENCY: Minerals Management Service partner’s allocable share of effectively SUPPLEMENTARY INFORMATION: (MMS), Interior. The OCS connected taxable income. Lands Act at 43 U.S.C. 1333, mandates ACTION: Notice of proposed rulemaking. FOR FURTHER INFORMATION CONTACT: ‘‘The Constitution and laws and civil Ronald M. Gootzeit, (202) 622–3860 (not SUMMARY: This proposed rule would and political jurisdiction of the United a toll-free number). require lessees of federal oil and gas States are extended to the subsoil and seabed of the Outer Continental Shelf SUPPLEMENTARY INFORMATION: leases in the OCS to provide information on how they will meet the and to all artificial islands, and all Background requirements of the Endangered Species installations and other devices Act (ESA) and the Marine Mammal permanently or temporarily attached to The notice of proposed rulemaking Protection Act (MMPA). It identifies the seabed * * *’’ Those laws include and notice of public hearing (REG– environmental, monitoring, and the ESA and the MMPA. The OCS 108524–00) that is the subject of these mitigation information that lessees must Lands Act, at 43 U.S.C. 1332, requires corrections are under section 1446 of submit with plans for exploration and ‘‘* * * expeditious and orderly the Internal Revenue Code. development and production. This development, subject to environmental safeguards * * *’’ MMS, as a Federal Need for Correction rulemaking clarifies our regulations about what information MMS needs to agency, has a duty to carry out agency As published, REG–108524–00 ensure compliance with the ESA and actions and authorizations in a manner contains errors that may prove to be MMPA requirements. The proposed rule that is not likely to jeopardize species misleading and are in need of would assure that lessees conduct their listed under the ESA, or have more than clarification. activities in a manner consistent with a negligible impact on marine mammals the provisions of the ESA and MMPA. or the availability of marine mammals Correction of Publication for subsistence use under the MMPA. DATES: MMS will consider all comments Section 7(a)(1) of the ESA, 16 U.S.C. Accordingly, the notice of proposed received by November 7, 2005. MMS 1536(a)(1), mandates that the ‘‘Secretary rulemaking and notice of public hearing will begin reviewing comments then shall review other programs (REG–108524–00), that was the subject and may not fully consider comments administered by him and utilize such of FR Doc. 05–9423, is corrected as received after November 7, 2005. programs in furtherance of the purposes follows: ADDRESSES: You may submit comments of this Act. All other Federal agencies 1. On page 28743, column 1, in the on the rulemaking by any of the shall, in consultation with and with the preamble, under the caption DATES:, last following methods listed below. Please assistance of the Secretary, utilize their line, the language ‘‘must be received by use the Regulation Identifier Number authorities in furtherance of the August 16, 2005.’’ is corrected to read (RIN) 1010–AD10 in your message. See purposes of this Act by carrying out ‘‘must be received by September 12, also Public Comment Procedure under programs for the conservation of 2005.’’. Procedural Matters: endangered species and threatened • 2. On page 28743, column 2, in the Federal eRulemaking Portal: http:// species listed pursuant to section 4 of preamble, under the caption FOR www.regulations.gov. Follow the this Act.’’ Therefore, it is the FURTHER INFORMATION CONTACT:, line 3, instructions on the Web site for responsibility of MMS to require that submitting comments. lessees and operators conduct their the language ‘‘the hearing, Jacqueline • Turner at (202)’’ is corrected to read E-mail MMS at activities in a manner that is consistent ‘‘the hearing, Richard A. Hurst at (202)’’. [email protected]. Use 1010– with the provisions of the ESA and AD10 in the subject line. 3. On page 28744, column 1, in the MMPA. • Fax: 703–787–1093. Identify with For these reasons, MMS proposes to preamble, under the paragraph heading, 1010–AD10. amend 30 CFR part 250, subpart B— ‘‘Comments and Public Hearing’’, third • Mail or hand-carry comments to the Plans and Information, to require lessees paragraph, line 8, the language ‘‘and Department of the Interior; Minerals to provide more environmental eight (8) copies) by August 16,’’ is Management Service; Attention: Rules information concerning threatened or corrected to read ‘‘and eight (8) copies) Processing Team (RPT); 381 Elden endangered species listed under the by September 12,’’. Street, MS–4024; Herndon, Virginia ESA and marine mammals protected Cynthia Grigsby, 20170–4817. Please reference ‘‘Plans under the MMPA. This information will Acting Chief, Publications and Regulations and Information—Protection of Marine be required when submitting plans for Branch, Legal Processing Division, Associate Mammals and Threatened and approval, and also while operating on Chief Counsel (Procedures and Endangered Species—AD10’’ in your the OCS, in the form of impact- Administration). comments. monitoring data. MMS must often [FR Doc. 05–17562 Filed 9–2–05; 8:45 am] You may also send comments on the require mitigation measures and BILLING CODE 4830–01–P information collection aspects of this monitoring by lessees operating on the

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OCS. Mitigation and monitoring may be to comply with these specific communities. The proposed rule is non-discretionary under the ESA if environmental laws in a general way. necessary for MMS to implement operations that we permit are to be The proposed rule will assure that nondiscretionary terms and conditions exempt from prohibitions of ESA lessees mitigate for potential takes and to be exempt from prohibitions of the section 9, which prohibits taking of monitor for potential takes to aid in ESA, at section 9 of the ESA, which listed species. assessing the actual level of take and the prohibits the taking of listed species. The ESA requires both monitoring effectiveness of the mitigation. There are no new costs associated with and reporting. Monitoring programs The information collection this rulemaking and it would not cause resulting from ESA section 7 requirements proposed under this rule an annual effect on the economy of $100 (interagency) consultations are designed will not substitute for a Letter of million or more. to: Authorization or Incidental Harassment (2) This proposed rule would not • Detect adverse effects resulting from Authorization. The reporting create a serious inconsistency or a proposed action; otherwise interfere with an action taken • requirements do not authorize the Assess the actual level of incidental taking of any marine mammal under the or planned by another agency. MMS take in comparison with the level of MMPA. This rule does not enable the consulted with the FWS and NOAA. anticipated incidental take documented MMS to make determinations under the These agencies agree that the rule is in the biological opinion; consistent with their authorities and • ESA or MMPA on the level or Detect when the level of anticipated significance of takings that could occur implementing regulations. The incidental take is exceeded; and or otherwise substitute MMS judgment proposed rule does not affect how • Determine the effectiveness of for the Fish and Wildlife Service (FWS) lessees or operators interact with other reasonable and prudent alternatives and or National Marine Fisheries Service agencies. Nor does this proposed rule their implementing terms and affect how MMS will interact with other conditions. (NMFS) of NOAA. The purpose of this rule is to assure that lessees describe agencies. In addition, there can be no (3) This proposed rule does not alter exemptions from ESA section 9 how they will mitigate the potential for takes to occur, monitor for potential the budgetary effects or entitlements, prohibitions regarding listed marine grants, user fees, or loan programs or the mammals until take of marine mammals takes and report any takes, should they occur. rights or obligations of their recipients. has been authorized under the MMPA (4) This proposed rule does not raise and/or its 1994 amendments. The Procedural Matters novel legal or policy issues. The MMPA has mitigation, monitoring and Public Comment Procedures proposed rule is a clarification of reporting requirements similar to the existing regulations. ESA. All submissions received must In recent biological opinions, MMS include the agency name and RIN for Regulatory Flexibility Act (RFA) has been required by National Oceanic this rulemaking. Our practice is to make The DOI certifies that this proposed and Atmospheric Administration comments, including names and rule does not have a significant (NOAA) through ESA section 7 addresses of respondents, available for economic effect on a substantial number consultations to adopt mitigation, public review during regular business of small entities as defined under the monitoring and reporting requirements. hours. Individual respondents may RFA (5 U.S.C. 601 et seq.). No These non-discretionary requirements request that we withhold their address additional costs are associated with this are related to mitigating the effects of from the record, which we will honor to rule because it clarifies requirements noise, vessel traffic, and marine trash the extent allowable by law. There may that already exist. This rule reduces the and debris (MMS Notices to Lessees be circumstances in which we would ambiguity in our regulations. (NTLs) 2003–G10, 2003–G11, 2004–G01, withhold from the record a respondent’s Accordingly, no further RFA analysis is and 2004–G06). The ESA implementing identity, as allowable by the law. If you necessary. regulations at 50 CFR 402.14(i)(3) state wish us to withhold your name and/or Your comments are important. The that ‘‘In order to monitor the impacts or address, you must state this Small Business and Agriculture incidental take, the Federal agency or prominently at the beginning of your Regulatory Enforcement Ombudsman any applicant must report the progress comment. However, we will not and 10 Regional Fairness Boards were of the action and its impact on the consider anonymous comments. We established to receive comments from species to the Service as specified in the will make all submissions from small businesses about Federal agency incidental take statement.’’ Thus, the organizations or businesses, and from enforcement actions. The Ombudsman reporting requirements from the ESA individuals identifying themselves as will annually evaluate the enforcement section 7 consultations require MMS to representatives or officials of activities and rate each agency’s have OMB information collection organizations or businesses, available responsiveness to small business. If you approval before collecting and using for public inspection in their entirety. wish to comment on the actions of that information. MMS has OMB Regulatory Planning and Review MMS, call 1–888–REG–FAIR (1–888– information collection approval for the (Executive Order 12866) 734–3247). You may comment to the non-discretionary requirements Small Business Administration without identified above. MMS has determined that this fear of retaliation. Disciplinary action These proposed regulatory changes to proposed rule is not economically for retaliation by an MMS employee subpart B will incorporate the general significant under Executive Order 12866 may include suspension or termination ESA information requirements for for the reasons stated below. from employment with the Department which MMS recently has received OMB (1) This proposed rule would not have of the Interior (DOI). information collection approval. (While an effect of $100 million or more on the monitoring and reporting are also economy. It would not adversely affect Small Business Regulatory Enforcement required under MMPA regulations, in a material way the economy, Fairness Act (SBREFA) NOAA has OMB approval for MMPA productivity, competition, jobs, the This proposed rule is not a major rule information collection.) The proposed environment, public health or safety, or under the SBREFA, (5 U.S.C. 804(2)). revisions to subpart B require industry State, local, or tribal governments or This proposed rule:

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(a) Does not have an annual effect on or produce oil and gas in the OCS and List of Subjects in 30 CFR Part 250 the economy of $100 million or more. contains virtually all the same reporting Administrative practice and (b) Will not cause a major increase in and recordkeeping requirements and procedure, Continental Shelf, costs or prices for consumers, attendant costs as current regulations. Environmental Impact statements, individual industries, Federal, State, or There are a few new or expanded areas Environmental protection, Government local government agencies, or that have been incorporated. Therefore, contracts, Investigations, Oil and gas geographic regions because the rule this action is not a significant energy exploration, Penalties, Pipelines, Public incorporates monitoring, mitigation and action, and no Statement of Energy lands—mineral resources, Public reporting requirements specified in Effects is required. lands—rights-of-way, Reporting and current NTLs and lease stipulations. recordkeeping requirements, Sulphur. (c) Does not have significant adverse Federalism (Executive Order 13132) effects on competition, employment, This rule does not have Federalism Dated: May 13, 2005. investment, productivity, innovation, or implications. This proposed rule does James O. Ratliff, ability of United States-based not substantially and directly affect the Acting Assistant Secretary—Land and enterprises to compete with foreign- relationship between the Federal and Minerals Management. based enterprises. All lessees and State Governments. The proposed rule For the reasons stated in the operators, regardless of nationality, applies to lessees and operators that preamble, the Minerals Management must comply with the requirements of conduct activities on the OCS. This Service proposes to amend 30 CFR part this rule. The proposed rule will not proposed rule does not impose costs on 250 as follows: affect competition, employment, States or localities. Any costs will be the PART 250—OIL AND GAS AND investment, productivity, innovation, or responsibility of the lessees and SULPHUR OPERATIONS IN THE the ability of United States-based operators. enterprises to compete with foreign- OUTER CONTINENTAL SHELF based enterprises. Civil Justice Reform (Executive Order 12988) 1. The authority citation for part 250 Unfunded Mandates Reform Act continues to read as follows: (UMRA) of 1995 (Executive Order The Office of the Solicitor has Authority: 43 U.S.C. 1331 et seq. 12866) determined that this rule does not unduly burden the judicial system and 2. In § 250.216 revise paragraph (a) to This rule does not impose an does meet the requirements of sections read as follows: unfunded mandate on State, local, or 3(a) and 3(b)(2) of the Order. tribal governments or the private sector § 250.216 What biological, physical, and of more than $100 million per year. The Paperwork Reduction Act (PRA) of socioeconomic information must rule does not have any Federal 1995 accompany the EP? mandates; nor does the rule have a * * * * * The proposed revisions to 30 CFR part significant or unique effect on State, (a) Biological environment reports. 250, subpart B, refer to, but do not local, or tribal governments or the Site-specific information on change, information collection private sector. A statement containing chemosynthetic communities, federally requirements in current regulations. The the information required by the UMRA listed threatened or endangered species, rule proposes no new reporting or (2 U.S.C. 1531 et seq.) is not required. marine mammals protected under the recordkeeping requirements, and an Marine Mammal Protection Act, Takings Implication Assessment OMB form 83–I submission to OMB sensitive underwater features, marine (Executive Order 12630) under the PRA is not required. The PRA sanctuaries, critical habitat designated This rule does not have significant provides that an agency may not under the Endangered Species Act, or takings implications. The proposed rule conduct or sponsor a collection of other areas of biological concern. information unless it displays a revises existing operation regulations. It * * * * * does not prevent any lessee or operator currently valid OMB control number. 3. In § 250.221 revise paragraph (a) to from performing operations on the OCS, Until OMB approves a collection of read as follows: provided they follow the regulations. information and assigns a control Thus, MMS did not need to prepare a number, you are not required to § 250.221 What environmental monitoring Takings Implication Assessment respond. OMB approved the referenced information must accompany the EP? according to Executive Order 12630, information collection requirements * * * * * Governmental Actions and Interference under OMB control number 1010–0151, (a) Monitoring systems. A description with Constitutionally Protected Property expiration 7/31/08. of any existing and planned monitoring Rights. National Environmental Policy Act systems that are measuring, or will (NEPA) of 1969 measure, environmental conditions or Energy Supply, Distribution, or Use will provide project-specific data or (Executive Order 13211) The rule does not constitute a major information on the impacts of your We have evaluated the rule in Federal action significantly affecting the exploration activities. If there is a reason accordance with E.O. 13211 and have quality of the human environment. A to believe that protected species may be determined that this rule does not have detailed statement under the NEPA is incidentally taken by planned a significant effect on energy supply, not required. exploration activities, you must describe distribution, or use because the major how you will monitor for incidental Consultation and Coordination With purpose for this rule is the restructuring take of threatened and endangered Indian Tribal Governments (Executive of the rule and clarifying regulatory species listed under the Endangered Order 13175) language. The rule addresses the Species Act. You must also describe requirements and processes for This rule does not have tribal your monitoring program for incidental submitting various plans and implications that impose substantial takes of marine mammals, as documents for MMS approval before a direct compliance costs on Indian tribal appropriate, if you have not already lessee or operator may explore, develop, governments. received authorization for incidental

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take as may be required under the marine mammals protected under the (a) * * * Marine Mammal Protection Act. Marine Mammal Protection Act, (3) Be as detailed as necessary to * * * * * sensitive underwater features, marine assist the Regional Supervisor in 4. Revise § 250.223 to read as follows: sanctuaries, critical habitat designated complying with the National under the Endangered Species Act, or Environmental Policy Act (NEPA) of § 250.223 What mitigation measures other areas of biological concern. 1969 (42 U.S.C. 4321 et seq.) and other information must accompany the EP? * * * * * relevant Federal laws such as the If you propose to use any measures 7. In § 250.252 revise paragraph (a) to Endangered Species Act and the Marine beyond those required by the read as follows: Mammal Protection Act. regulations in this part to minimize or * * * * * mitigate environmental impacts from § 250.252 What environmental monitoring (c) * * * your proposed exploration activities, a information must accompany the DPP or DOCD? (1) Analyze the potential direct and description of the measures you will use indirect impacts (including those from must accompany your EP. If there is a * * * * * accidents, cooling water intake reason to believe that protected species (a) Monitoring systems. A description structures, and those identified in may be incidentally taken by planned of any existing and planned monitoring relevant Endangered Species Act exploration activities, you must include systems that are measuring, or will biological opinions such as, but not mitigation measures designed to avoid measure, environmental conditions or limited to, those from noise, vessel or minimize the incidental take of will provide project-specific data or collisions, and marine trash and debris) threatened and endangered species information on the impacts of your that your proposed development and listed under the Endangered Species development and production activities. production activities will have on the Act. You must also describe your If there is a reason to believe that identified resources, conditions, and mitigation measures for marine protected species may be incidentally activities; mammals, as appropriate, if you have taken by planned development and not already received authorization for production activities, you must describe * * * * * incidental take as may be required how you will monitor for incidental 10. Revise the introductory paragraph under the Marine Mammal Protection take of threatened and endangered to § 250.282 to read as follows: Act. species listed under the Endangered § 250.282 Do I have to conduct post- 5. Revise paragraphs (a)(3) and (c)(1) Species Act and for marine mammals, as approval monitoring? in § 250.227 to read as follows: appropriate, if you have not already After approving your EP, DPP, or received authorization for incidental DOCD, the Regional Supervisor may § 250.227 What environmental impact take of marine mammals as may be analysis (EIA) information must accompany direct you to conduct monitoring the EP? required under the Marine Mammal programs, including monitoring in Protection Act. * * * * * accordance with the Endangered (a) * * * * * * * * Species Act and the Marine Mammal (3) Be as detailed as necessary to 8. Revise § 250.254 to read as follows: Protection Act. You must retain copies of all monitoring data obtained or assist the Regional Supervisor in § 250.254 What mitigation measures complying with the National information must accompany the DPP or derived from your monitoring programs Environmental Policy Act (NEPA) of DOCD? and make them available to MMS upon request. 1969 (42 U.S.C. 4321 et seq.) and other If you propose to use any measures The Regional Supervisor may require relevant Federal laws such as the beyond those required by the you to: Endangered Species Act and the Marine regulations in this part to minimize or Mammal Protection Act. mitigate environmental impacts from * * * * * * * * * * your proposed development and [FR Doc. 05–17543 Filed 9–2–05; 8:45 am] (c) * * * production activities, a description of BILLING CODE 4310–MR–P (1) Analyze the potential direct and the measures you will use must indirect impacts (including those from accompany your DPP or DOCD. If there accidents, cooling water intake is a reason to believe that protected ENVIRONMENTAL PROTECTION structures, and those identified in species may be incidentally taken by AGENCY relevant Endangered Species Act planned development and production biological opinions such as, but not activities, you must include mitigation 40 CFR Part 52 limited to, noise, vessel collisions, and measures designed to avoid or minimize [Docket ID #: R10–OAR–2005–OR–0001; marine trash and debris) that your that incidental take of threatened and FRL–7964–7] proposed exploration activities will endangered species listed under the have on the identified resources, Endangered Species Act. You must also Approval and Promulgation of State conditions, and activities; describe your mitigation measures for Implementation Plans: Oregon; * * * * * marine mammals, as appropriate, if you Portland Carbon Monoxide Second 10- 6. In § 250.247 revise paragraph (a) to have not already received authorization Year Maintenance Plan read as follows: for incidental take as may be required under the Marine Mammal Protection AGENCY: Environmental Protection § 250.247 What biological, physical, and Act. Agency (EPA). socioeconomic information must ACTION: Proposed rule. accompany the DPP or DOCD? 9. Revise paragraphs (a)(3) and (c)(1) in § 250.261 to read as follows: * * * * * SUMMARY: The EPA proposes to approve (a) Biological environment reports. § 250.261 What environmental impact the second 10-year maintenance plan for Site-specific information on analysis (EIA) information must accompany carbon monoxide (CO) for the Portland, chemosynthetic communities, federally the DPP or DOCD? Oregon CO Attainment Area. listed threatened or endangered species, * * * * * Specifically, in this action EPA

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proposes to approve the following: include your name and other contact IX. What Contingency Measures Are Oregon’s demonstration that the information in the body of your Considered, in Case of the Monitored Portland CO Attainment Area will comment and with any disk or CD–ROM Exceedance or Violation of the Federal Standard? maintain air quality standards for CO you submit. If EPA cannot read your X. How Does this Action Affect through the year 2017; a revised CO comment due to technical difficulties Transportation Conformity? motor vehicle emissions budget for and cannot contact you for clarification, XI. In Conclusion, How Would This EPA transportation conformity purposes EPA may not be able to consider your Approval Affect the General Public and using the MOBILE6.2 emissions model comment. Electronic files should avoid Citizens of the Portland Area? and latest growth and planning the use of special characters, any form XII. Statutory and Executive Order Reviews assumptions; and revised state of encryption, and be free of any defects I. General Information implementation plan (SIP) control or viruses. For additional information strategies and contingency measures. about EPA’s public docket visit A. What Should I Consider as I Prepare DATES: Comments must be received on EDOCKET on line or see the Federal My Comments for EPA? or before October 6, 2005. Register of May 31, 2002 (67 FR 38102). 1. Submitting CBI. Do not submit this ADDRESSES: Submit your comments, For additional instructions on information to EPA through RME, identified by Docket ID No. R10–OAR– submitting comments, go to Section I. regulations.gov or e-mail. Clearly mark 2005–OR–0001, by one of the following General Information of the the part or all of the information that methods: SUPPLEMENTARY INFORMATION section of you claim to be CBI. For CBI 1. Federal eRulemaking Portal: this document. information in a disk or CD–ROM that http://www.regulations.gov. Follow the Docket: All documents in the docket you mail to EPA, mark the outside of the on-line instructions for submitting are listed in the EDOCKET index at disk or CD–ROM as CBI and then comments. http://www.epa.gov/edocket. Although identify electronically within the disk or 2. Agency Web site: http:// listed in the index, some information CD–ROM the specific information that www.epa.gov/edocket. EDOCKET, EPA’s may not be publicly available, such as is claimed as CBI. In addition to one electronic public docket and comment CBI or other information whose complete version of the comment that system, is EPA’s preferred method for disclosure is restricted by statute. includes information claimed as CBI, a receiving comments. Follow the on-line Certain other material, such as copy of the comment that does not instructions for submitting comments. copyrighted material, is not placed on contain the information claimed as CBI 3. Mail: Environmental Protection the Internet and will be publicly must be submitted for inclusion in the Agency, Office of Air, Waste and Toxics, available only in hard copy form. public docket. Information so marked Attn: Connie Robinson, Mail code: Publicly available docket materials are will not be disclosed except in AWT–107, 1200 Sixth Avenue, Seattle, available either electronically in accordance with procedures set forth in WA 98101. EDOCKET or in hard copy at EPA 40 CFR part 2. 4. Hand Delivery: Environmental Region 10, Office of Air, Waste, and 2. Tips for Preparing Your Comments. Protection Agency Region 10, Attn: Toxics, 1200 Sixth Avenue, Seattle, When submitting comments, remember Connie Robinson (AWT–107), 1200 Washington, from 8 a.m. to 4:30 p.m. to: Sixth Ave., Seattle, WA 98101, 9th floor. Monday through Friday, excluding legal i. Identify the rulemaking by docket Such deliveries are only accepted holidays. Please contact the individual number and other identifying during EPA’s normal hours of operation, listed in the FOR FURTHER INFORMATION information (subject heading, Federal and special arrangements should be CONTACT section to schedule your Register date and page number). made for deliveries of boxed inspection. ii. Follow directions—The Agency information. FOR FURTHER INFORMATION CONTACT: may ask you to respond to specific Instructions: Direct your comments to Connie Robinson, Environmental questions or organize comments by Docket ID No. R10–OAR–2005–OR– Protection Agency, Region 10, Office of referencing a CFR part or section 0001. EPA’s policy is that all comments Air, Waste, and Toxics, AWT–107, 1200 number. iii. Explain why you agree or disagree; received will be included in the public Sixth Ave., Seattle, WA 98101; phone: suggest alternatives and substitute docket without change, including any (206) 553–1086; fax number: (206) 553– language for your requested changes. personal information provided, unless 0110; e-mail address: iv. Describe any assumptions and the comment includes information [email protected]. provide any technical information and/ claimed to be Confidential Business SUPPLEMENTARY INFORMATION: or data that you used. Information (CBI) or other information Table of Contents v. If you estimate potential costs or whose disclosure is restricted by statute. burdens, explain how you arrived at I. General Information Do not submit information that you your estimate in sufficient detail to consider to be CBI or otherwise II. What Is the Purpose of This Proposed Rulemaking? allow for it to be reproduced. protected through regulations.gov or e- vi. Provide specific examples to mail. The EPA EDOCKET and the III. What Is the Background for This Action? IV. What Is the Status of Current CO Levels illustrate your concerns, and suggest Federal regulations.gov Web site are in the Portland Area and How Do They alternatives. ‘‘anonymous access’’ systems, which Compare With the Federal Standards? vii. Explain your views as clearly as means EPA will not know your identity V. How Have the Public and Stakeholders possible, avoiding the use of profanity or contact information unless you Been Involved in This Rulemaking or personal threats. provide it in the body of your comment. Process? viii. Make sure to submit your If you send an e-mail comment directly VI. What Are the Sources and Magnitude of comments by the comment period CO Emitted in the Portland Maintenance to EPA without going through deadline identified. EDOCKET or regulations.gov, your e- Area? VII. How Does the State Demonstrate mail address will be automatically II. What Is the Purpose of This Maintenance of the CO Standard for the Proposed Rulemaking? captured and made available on the Second 10-Year Period? Internet. If you submit an electronic VIII. What Control Measures Are Being The purpose of this proposed comment, EPA recommends that you Proposed for This Second 10–Year Plan? rulemaking is to solicit comment on the

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State of Oregon’s plan to replace the III. What Is the Background for This V. How Have the Public and existing CO maintenance plan for the Action? Stakeholders Been Involved in This Portland area in Oregon with a second Rulemaking Process? In a March 15, 1991 letter to the EPA 10-year maintenance plan to ODEQ met directly with a variety of demonstrate continued maintenance of Region 10 Administrator, the Governor of Oregon recommended the Portland stakeholder groups, including the CO ambient air quality standard representative of the petroleum and area be designated as nonattainment for through 2017. ethanol industries, the Oregon CO as required by section 107(d)(1)(A) The State of Oregon presented a trend Environmental Council and with other analysis of the historical CO monitored of the Clean Air Act (the ‘‘Act’’). The state agencies to seek input on the CO data for the Portland area demonstrating area was designated by EPA as maintenance plan. Those state agencies that since the Portland area was nonattainment for CO and classified as included the Oregon Department of redesignated to attainment, CO ‘‘moderate’’ with a design value less Energy, Agriculture, and Economic and concentrations have fallen steadily. That than or equal to 12.7 parts per million Community Development. Notices were trend reflects a national pattern of new (ppm) under the provisions outlined in published in the newspaper and public vehicles producing considerably sections 186 and 187 of the Act. hearings were conducted by ODEQ. reduced amounts of CO. The State of Oregon, following the ODEQ responded to all comments and Implementation of new national control requirements of the Act, prepared and the Environmental Quality Commission measures including tighter standards for submitted revisions to the Oregon SIP adopted the revisions to the SIP under motor vehicle tailpipe emissions and that first included an attainment plan, OAR 340–200–0040 on December 10, cleaner fuel will result in significant 2004, effective December 25, 2004. improvements of air quality for the next and then developed a plan to 10-year period. EPA agrees with demonstrate maintenance of the VI. What Are the Sources and Oregon’s analysis and proposes to standard for a 10-year period beyond the Magnitude of CO Emitted in the approve the second 10-year statutory attainment date. EPA Portland Maintenance Area? published approval of a redesignation maintenance plan through this An emissions inventory was prepared rulemaking and notice in the Federal request to attainment and the first 10- for the Portland area for the base year Register. year maintenance plan on September 2, of 1999. The year 1999 was selected for Federal transportation conformity 1997. the inventory because that year reflected regulations require that transportation The first 10-year CO maintenance the highest ambient CO concentrations agencies use the latest EPA mobile plan included a commitment for in Portland’s recent history and source emissions model for conformity periodic review of the plan and therefore represented a conservative determinations. EPA officially released submission of the second 10-year base for demonstrating future a new version of motor vehicle maintenance plan to EPA during the last compliance with the CO NAAQS. The emissions model (MOBILE6) on January two years of the first 10-year emissions inventory is a list, by source, 29, 2002. All SIPs that are adopted after maintenance period. The planning effort of the air contaminants directly emitted that date must use the new model to included detailed technical analyses into the Portland CO Area’s air. The estimate motor vehicle emissions. The such as preparation of base and future data in the emissions inventory is based release of MOBILE6 also began a 24- year emissions inventories, review of on calculations and is developed using month grace period for conformity. All control measures for CO, etc. The results emission factors, which is a method for conformity determinations that are of this planning effort provide the basis converting source activity levels into an initiated after January 29, 2004 must use estimate of emissions contributions for of today’s proposed approval by EPA. a MOBILE6 model. The Oregon those sources. Because violations of the Department of Environmental Quality IV. What Is the Status of Current CO CO NAAQS are most like to occur on (ODEQ) used MOBILE6.2 to estimate CO Levels in the Portland Area and How winter weekdays, the inventory emissions for the Portland area for the Do They Compare With the Federal prepared reflects a ‘‘design day’’ with next 10-year maintenance period Standards? ambient temperatures, traffic volumes through 2017 and conducted a technical and other emission source activity analysis with MOBILE6.2 that showed The national 8-hour CO ambient levels of a typical winter weekday in new motor vehicle emissions will not standard is attained when the daily 1999. cause or contribute to violations of the average 8-hour CO concentration of 9.0 In addition to the base year 1999 air quality standards. EPA agrees with ppm is exceeded no more than one time inventory, emission forecasts were this analysis and proposes to approve in a calendar year for two consecutive prepared for 2005, 2010 and 2017. revised motor vehicle emissions budgets years. Since the redesignation of the These projected inventories were for conformity determinations. Portland area to attainment for CO on prepared in accordance with EPA The State of Oregon took this October 2, 1997, the second highest guidance. The projections in Table 1 rulemaking opportunity to change concentration in a calendar year below show that total calculated CO several of the emission control strategies measured by the approved monitoring emissions, are not expected to exceed and contingency measures. EPA finds network was 7.3 ppm, which is less the level of the 1999 base year inventory these changes acceptable and proposes than 9.0 ppm. during the second 10-year maintenance to approve them in this rulemaking. plan period.

TABLE 1.—1999 BASE YEAR ACTUAL EMISSIONS AND *2005, *2010 AND *2017 PROJECTED EMISSIONS [Pounds CO/winter day]

Emissions 1999 *2005 *2010 *2017

Point Source ...... 106,590 67,401 71,085 76,241 Area Source ...... 809,454 872,852 925,684 999,648

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TABLE 1.—1999 BASE YEAR ACTUAL EMISSIONS AND *2005, *2010 AND *2017 PROJECTED EMISSIONS—Continued [Pounds CO/winter day]

Emissions 1999 *2005 *2010 *2017

Non-Road Mobile...... 372,098 530,435 619,753 690,469 On-Road Mobile ...... 1,525,114 1,226,323 975,074 834,301

Total ...... 2,813,256 2,697,011 2,591,596 2,600,659 * Without oxy fuel program and without enhanced Inspection and Maintenance (I/M) testing.

The large decrease in point source M program, it will already be approved IX. What Contingency Measures Are emissions between 1999 and 2005 is the for CO. Considered, in Case of the Monitored result of permanent closure of a large The Oxygenated Fuel Program Exceedance or Violation of the Federal aluminum company. The emissions remains a control measure in the Standard? inventory predicts substantial future Portland CO maintenance area until The maintenance plan is to contain reductions in CO emissions, largely as a October 31, 2007 when it will be contingency measures to ensure that the result of a decrease in on-road discontinued. It will then become a State will promptly correct any emissions, which are expected to contingency measure in the second 10- violation of the standard that occurs continue to decline as older motor during the maintenance period. The vehicles are replaced by newer vehicles year maintenance plan as required by 175A(d). contingency measures in the second 10- that meet Federal Tier II emission year maintenance plan for the Portland Best Available Control Technology standards and operate on low sulfur area are based on risk of violation and fuels. (BACT) continues to be required. The actual violation. plan also continues to offer an industrial VII. How Does the State Demonstrate If monitored CO levels at any Maintenance of the CO Standard for the Growth Allowance that may be used by monitoring site register a second high Second 10-Year Period? new or expanding sources instead of concentration equaling or exceeding 8.1 securing emission offsets. ppm during a calendar year, ODEQ will The current, EPA-approved first 10- The Transportation Control Measures form a planning group to evaluate the year CO maintenance plan used a (TCMs) in this plan replace the TCMs implementation of additional emission rollforward approach to demonstrate specified in the first Portland Area CO strategies. Additional strategies to be maintenance of the CO standard. A Maintenance Plan. The emission considered include, but are not limited review and update of this methodology reduction benefits of these TCMs are to: Increased parking pricing in the to a probabilistic rollback approach included in the emission projections on Central City, increased funding for using more recent monitored air quality which the Portland Area CO transit, value pricing on major roadways and projected emissions data was Maintenance Plan is based. The revised that increase vehicle travel capacity, a conducted to demonstrate continued TCMS are: trip reduction program, modified maintenance of the CO standard for a regional parking ratios, and accelerated second 10-year period. The probabilistic Transit Service Increase: Region implementation of bicycle and analysis showed that the CO standard transit service revenue hours (weighted pedestrian networks. was maintained on all three permanent by capacity) shall be increased 1.0% per If the Portland area violates the monitoring sites in 1999 with at least year. The increase shall be assessed on NAAQS for CO, the following 99% probability. The probabilistic the basis of a 5-year rolling average of contingency measures will rollback approach demonstrated actual hours for assessments conducted automatically be implemented. New regional, long-term maintenance by between 2006 and 2017. Source Review requirements will be demonstrating that maintenance at the Bicycle Paths: Jurisdictions and changed. The requirement to install Best monitoring site with the highest design government agencies shall program a Available Control Technology will be value (82nd and Division) will be minimum of 28 miles of bikeways or replaced with Lowest Achievable maintained for a second 10-year period Emissions Rate technology. The with the same level of assurance. trails within the Portland metropolitan area between the years 2006 through downtown parking lid will be reinstated VIII. What Control Measures Are Being 2017. if the violation occurs in the downtown Proposed for This Second 10-Year area formerly subject to the parking lid Pedestrian Paths: Jurisdictions and Plan? requirement. If the violation occurs in government agencies shall program at 2007 or later, the Oxygenated Fuel The second 10-year plan changes the least nine miles of pedestrian paths in Program will be reinstated. I/M program requirement for CO from mixed use centers between the years the current Enhanced I/M program to a 2006 through 2017. X. How Does This Action Affect Transportation Conformity? basic I/M program for CO. Moderate CO Oregon has a TCM substitution policy Attainment areas were only required to under which identified TCMs may be Under Section 176(c) of the Act, implement a basic I/M program. This is substituted in whole, or in part, with transportation plans, programs, and a change to the CO SIP only. The Ozone other TCMs providing equivalent projects in nonattainment or Maintenance Plan continues to require emission reductions. See 62 FR 4621, maintenance areas that are funded or the Enhanced I/M Program. ODEQ will approved under the Federal Transit Act, September 2, 1997. Appendix D9–2 of consider vehicles that meet the must conform to the applicable SIP. In the second 10-year maintenance plan enhanced test requirement as also short, a transportation plan is deemed to identifies the requirements for TCM meeting the basic test requirement. If conform to the applicable SIP if the the Ozone Plan is changed to a basic I/ substitutions. emissions resulting from

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implementation of that transportation motor vehicle emissions calculated by The computed attainment threshold of plan are less than or equal to the motor MOBILE6.2 were used in the regional motor vehicle emissions can be vehicle emission level established in the probabilistic rollback method to used to assess the long term attainment SIP for the maintenance year and other compute a threshold level of regional prospects. The total on-road motor analysis years. emissions inventory that would provide vehicle CO emissions in the Portland In this maintenance plan, procedures maintenance of the CO standard with area for 2005, 2010 and 2017 are shown for estimating motor vehicle emissions 99% certainty and confidence through in Table 2. are well documented. The regional the second 10-year maintenance period.

TABLE 2.—PORTLAND MAINTENANCE AREA CO MOTOR VEHICLE EMISSIONS BUDGETS [Pounds per winter day]

Year 2005 2010 2017

Budget ...... 1,238,575 1,033,578 1,181,341

For the purpose of demonstrating in the Unfunded Mandates Reform Act rule does not impose an information transportation conformity in the of 1995 (Pub. L. 104–4). collection burden under the provisions timeframe of the area’s transportation This proposed rule also does not have of the Paperwork Reduction Act of 1995 plan for all years beyond 2017, motor tribal implications because it will not (44 U.S.C. 3501 et seq.). have a substantial direct effect on one or vehicle emissions must be less than or List of Subjects in 40 CFR Part 52 equal to the maintenance plan’s motor more Indian tribes, on the relationship vehicle emissions budget for 2017. between the Federal Government and Environmental protection, Air Indian tribes, or on the distribution of pollution control, Carbon monoxide, XI. In Conclusion, How Would This power and responsibilities between the Intergovernmental relations, Reporting EPA Approval Affect the General Federal Government and Indian tribes, and recordkeeping requirements. Public and Citizens of the Portland as specified by Executive Order 13175 Area? Dated: August 23, 2005. (65 FR 67249, November 9, 2000). This Julie M. Hagensen, This action proposes to approve action also does not have Federalism Acting Regional Administrator, EPA Region measures adopted by ODEQ to ensure implications because it does not have 10. maintenance of the Federal air quality substantial direct effects on the States, [FR Doc. 05–17537 Filed 9–2–05; 8:45 am] on the relationship between the national standards for CO in the Portland area for BILLING CODE 6560–50–P a second 10-year period and protect the government and the States, or on the health and welfare of the area citizens distribution of power and from adverse effects of degraded air responsibilities among the various ENVIRONMENTAL PROTECTION quality levels. levels of government, as specified in AGENCY Executive Order 13132 (64 FR 43255, XII. Statutory and Executive Order August 10, 1999). This action merely 40 CFR Parts 52 and 81 Reviews proposes to approve a state rule implementing a Federal standard, and [R09–OAR–2005–AZ–0003; FRL–7960–9] Under Executive Order 12866 (58 FR does not alter the relationship or the Approval and Promulgation of 51735, October 4, 1993), this proposed distribution of power and action is not a ‘‘significant regulatory Implementation Plans and Designation responsibilities established in the Clean of Areas for Air Quality Planning action’’ and therefore is not subject to Air Act. This proposed rule also is not review by the Office of Management and Purposes; Arizona; Correction of subject to Executive Order 13045 Redesignation of Phoenix To Budget. For this reason, this action is ‘‘Protection of Children from also not subject to Executive Order Attainment for the Carbon Monoxide Environmental Health Risks and Safety Standard 13211, ‘‘Actions Concerning Regulations Risks’’ (62 FR 19885, April 23, 1997), That Significantly Affect Energy Supply, because it is not economically AGENCY: Environmental Protection Distribution, or Use’’ (66 FR 28355, May significant. Agency (EPA). 22, 2001). This proposed action merely In reviewing SIP submissions, EPA’s ACTION: Proposed rule. proposes to approve state law as role is to approve state choices, meeting Federal requirements and provided that they meet the criteria of SUMMARY: EPA is proposing to amend imposes no additional requirements the Clean Air Act. In this context, in the the regulations that identify revisions to beyond those imposed by state law. absence of a prior existing requirement the Arizona state implementation plan Accordingly, the Administrator certifies for the State to use voluntary consensus and the regulations that identify area that this proposed rule will not have a standards (VCS), EPA has no authority designations within Arizona. In so significant economic impact on a to disapprove a SIP submission for doing, EPA is acting pursuant to the substantial number of small entities failure to use VCS. It would thus be Agency’s authority under the Clean Air under the Regulatory Flexibility Act (5 inconsistent with applicable law for Act to correct errors made in approving U.S.C. 601 et seq.). Because this rule EPA, when it reviews a SIP submission, plan revisions and area redesignations. proposes to approve pre-existing to use VCS in place of a SIP submission The purpose of this proposed rule is to requirements under state law and does that otherwise satisfies the provisions of correct an error in the adoption and not impose any additional enforceable the Clean Air Act. Thus, the submittal date shown for a revision to duty beyond that required by state law, requirements of section 12(d) of the the implementation plan that EPA it does not contain any unfunded National Technology Transfer and recently approved and to correct a mandate or significantly or uniquely Advancement Act of 1995 (15 U.S.C. transcription error in, and to make a affect small governments, as described 272 note) do not apply. This proposed more general correction to, the

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boundary description of the FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. metropolitan Phoenix carbon monoxide Wienke Tax, Air Planning Office (AIR– area that EPA recently redesignated to 2), U.S. Environmental Protection SUMMARY: Technical information or attainment. Agency, Region 9, (520) 622–1622 or e- comments are requested on the proposed Base (1% annual chance) DATES: Any comments on this proposal mail to [email protected], or check http://www.epa.gov/region09/air. Flood Elevations (BFEs) and proposed must arrive by October 6, 2005. BFE modifications for the communities SUPPLEMENTARY INFORMATION: This ADDRESSES: Submit comments, listed below. The BFEs are the basis for proposal addresses the correction of a identified by docket number R09–OAR– the floodplain management measures final rule EPA promulgated on March 9, 2005–AZ–0003 by one of the following that the community is required either to 2005 (at 70 FR 11553) approving two methods: adopt or to show evidence of being submittals of revisions to the Arizona 1. Agency Web site: http:// already in effect in order to qualify or state implementation plan, docket.epa.gov/rmepub/. EPA prefers remain qualified for participation in the redesignating the metropolitan Phoenix receiving comments through this National Flood Insurance Program carbon monoxide area to attainment, electronic public docket and comment (NFIP). system. Follow the on-line instructions and redesignating the boundary of the metropolitan Phoenix carbon monoxide DATES: The comment period is ninety to submit comments. (90) days following the second 2. Federal eRulemaking Portal: area to exclude the Gila River Indian publication of this proposed rule in a http://www.regulations.gov. Follow the Reservation. In the Rules section of this newspaper of local circulation in each on-line instructions. Federal Register, we are taking direct community. 3. E-mail: [email protected]. final action to correct the State of 4. Mail or deliver: Wienke Tax, Office Arizona’s adoption and submittal date ADDRESSES: The proposed BFEs for each of Air Planning (AIR–2), U.S. for one of the plan revisions that we community are available for inspection Environmental Protection Agency, approved in our March 9, 2005 final at the office of the Chief Executive Region 9, 75 Hawthorne Street, San rule, to correct a transcription error in Officer of each community. The Francisco, CA 94105–3901. the description of the boundary of the respective addresses are listed in the Instructions: All comments will be metropolitan Phoenix carbon monoxide table below. included in the public docket without area, and to correct the description of FOR FURTHER INFORMATION CONTACT: change and may be made available the boundary of the metropolitan Doug Bellomo, P.E., Hazard online at Phoenix carbon monoxide area Identification Section, Emergency http://docket.epa.gov/rmepub/, promulgated in our March 9, 2005 final Preparedness and Response Directorate, including any personal information rule without prior proposal because we FEMA, 500 C Street SW., Washington, provided, unless the comment includes believe this correction action is not DC 20472, (202) 646–2903. controversial. If we receive adverse Confidential Business Information (CBI) SUPPLEMENTARY INFORMATION: FEMA or other information whose disclosure is comments, however, we will publish a proposes to make determinations of restricted by statute. Information that timely withdrawal of the direct final BFEs and modified BFEs for each you consider CBI or otherwise protected rule and address the comments in community listed below, in accordance should be clearly identified as such and subsequent action based on this with Section 110 of the Flood Disaster should not be submitted through the proposed rule. We do not plan to open Protection Act of 1973, 42 U.S.C. 4104, agency Web site, eRulemaking portal, or a second comment period, so anyone and 44 CFR 67.4(a). e-mail. The agency Web site and interested in commenting should do so These proposed base flood elevations eRulemaking portal are ‘‘anonymous at this time. If we do not receive and modified BFEs, together with the access’’ systems, and EPA will not know comments, no further activity is floodplain management criteria required your identify or contact information planned. For further information, please by 44 CFR 60.3, are the minimum that unless you provide it in the body of see the direct final action. are required. They should not be your comment. If you send e-mail Dated: July 15, 2005. construed to mean that the community directly to EPA, your e-mail address Laura Yoshii, must change any existing ordinances will be automatically captured and Deputy Regional Administrator, Region IX. that are more stringent in their included as part of the public comment. [FR Doc. 05–17540 Filed 9–2–05; 8:45 am] floodplain management requirements. If EPA cannot read your comment due BILLING CODE 6560–50–P The community may at any time enact to technical difficulties and cannot stricter requirements of its own, or contact you for clarification, EPA may pursuant to policies established by other not be able to consider your comment. DEPARTMENT OF HOMELAND Federal, state or regional entities. These Docket: The index to the docket for SECURITY proposed elevations are used to meet this action is available electronically at the floodplain management http://docket.epa.gov/rmepub and in Federal Emergency Management requirements of the NFIP and are also hard copy at EPA Region IX, 75 Agency used to calculate the appropriate flood Hawthorne Street, San Francisco, insurance premium rates for new California. While all documents in the 44 CFR Part 67 buildings built after these elevations are docket are listed in the index, some made final, and for the contents in these [Docket No. FEMA–D–7632] information may be publicly available buildings. only at the hard copy location (e.g., Proposed Flood Elevation National Environmental Policy Act. copyrighted material), and some may Determinations This proposed rule is categorically not be publicly available in either excluded from the requirements of 44 location (e.g., CBI). To inspect the hard AGENCY: Federal Emergency CFR part 10, Environmental copy materials, please schedule an Management Agency (FEMA), Consideration. No environmental appointment during normal business Emergency Preparedness and Response impact assessment has been prepared. hours with the contact listed in the FOR Directorate, Department of Homeland Regulatory Flexibility Act. The FURTHER INFORMATION CONTACT section. Security. Mitigation Division Director of the

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Emergency Preparedness and Response September 30, 1993, Regulatory Accordingly, 44 CFR Part 67 is Directorate certifies that this proposed Planning and Review, 58 FR 51735. proposed to be amended as follows: rule is exempt from the requirements of Executive Order 12612, Federalism. the Regulatory Flexibility Act because This proposed rule involves no policies PART 67—[AMENDED] proposed or modified BFEs are required that have federalism implications under 1. The authority citation for Part 67 by the Flood Disaster Protection Act of Executive Order 12612, Federalism, continues to read as follows: 1973, 42 U.S.C. 4104, and are required dated October 26, 1987. to establish and maintain community Executive Order 12778, Civil Justice Authority: 42 U.S.C. 4001 et seq.; eligibility in the NFIP. As a result, a Reform. This proposed rule meets the Reorganization Plan No. 3 of 1978, 3 CFR, applicable standards of Section 2(b)(2) 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, regulatory flexibility analysis has not 3 CFR, 1979 Comp., p. 376. been prepared. of Executive Order 12778. Regulatory Classification. This List of Subjects in 44 CFR Part 67 § 67.4 [Amended] proposed rule is not a significant Administrative practice and 2. The tables published under the regulatory action under the criteria of procedure, flood insurance, reporting authority of § 67.4 are proposed to be Section 3(f) of Executive Order 12866 of and recordkeeping requirements. amended as follows:

#Depth in feet above ground. *Elevation in feet (NGVD) • Elevation in feet State City/town/county Source of flooding Location (NAVD) Existing Modified

Massachusetts ...... Quincy (City), Nor- Weymouth Fore River ...... Approximately 760 feet south of German- None •11 folk County. town Point. Approximately 700 feet south of German- None • 14 town Point. Maps available for inspection at the Quincy City Hall, 1305 Hancock Street, Quincy, Massachusetts. Send comments to The Honorable William J. Phelan, Mayor of the City of Quincy, 1305 Hancock Street, Quincy, Massachusetts 02169.

(Catalog of Federal Domestic Assistance No. adopt or to show evidence of being floodplain management requirements. 83.100, ‘‘Flood Insurance.’’) already in effect in order to qualify or The community may at any time enact Dated: August 23, 2005. remain qualified for participation in the stricter requirements of its own, or David I. Maurstad, National Flood Insurance Program pursuant to policies established by other Acting Director, Mitigation Division, (NFIP). Federal, state or regional entities. These Emergency Preparedness and Response DATES: The comment period is ninety proposed elevations are used to meet Directorate. (90) days following the second the floodplain management [FR Doc. 05–17630 Filed 9–2–05; 8:45 am] publication of this proposed rule in a requirements of the NFIP and are also BILLING CODE 9110–12–P newspaper of local circulation in each used to calculate the appropriate flood community. insurance premium rates for new buildings built after these elevations are DEPARTMENT OF HOMELAND ADDRESSES: The proposed BFEs for each made final, and for the contents in these SECURITY community are available for inspection buildings. at the office of the Chief Executive National Environmental Policy Act. Federal Emergency Management Officer of each community. The This proposed rule is categorically Agency respective addresses are listed in the excluded from the requirements of 44 table below. CFR part 10, Environmental 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: Consideration. No environmental Doug Bellomo, P.E., Hazard impact assessment has been prepared. [Docket No. FEMA–D–7630] Identification Section, Emergency Regulatory Flexibility Act. The Preparedness and Response Directorate, Proposed Flood Elevation Mitigation Division Director of the FEMA, 500 C Street, SW., Washington, Determinations Emergency Preparedness and Response DC 20472, (202) 646–2903. Directorate certifies that this proposed AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: FEMA rule is exempt from the requirements of Management Agency (FEMA), proposes to make determinations of the Regulatory Flexibility Act because Emergency Preparedness and Response BFEs and modified BFEs for each proposed or modified BFEs are required Directorate, Department of Homeland community listed below, in accordance by the Flood Disaster Protection Act of Security. with section 110 of the Flood Disaster 1973, 42 U.S.C. 4105, and are required ACTION: Proposed rule. Protection Act of 1973, 42 U.S.C. 4104, to establish and maintain community and 44 CFR 67.4(a). eligibility in the NFIP. As a result, a SUMMARY: Technical information or These proposed base flood elevations regulatory flexibility analysis has not comments are requested on the and modified BFEs, together with the been prepared. proposed Base (1% annual chance) floodplain management criteria required Regulatory Classification. This Flood Elevations (BFEs) and proposed by 44 CFR 60.3, are the minimum that proposed rule is not a significant BFE modifications for the communities are required. They should not be regulatory action under the criteria of listed below. The BFEs are the basis for construed to mean that the community section 3(f) of Executive Order 12866 of the floodplain management measures must change any existing ordinances September 30, 1993, Regulatory that the community is required either to that are more stringent in their Planning and Review, 58 FR 51735.

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Executive Order 12612, Federalism. List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; This proposed rule involves no policies Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, that have federalism implications under procedure, flood insurance, reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12612, Federalism, and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376. dated October 26, 1987. Accordingly, 44 CFR part 67 is § 67.4 [Amended] Executive Order 12778, Civil Justice proposed to be amended as follows: 2. The tables published under the Reform. This proposed rule meets the authority of § 67.4 are proposed to be applicable standards of section 2(b)(2) of PART 67—[AMENDED] amended as follows: Executive Order 12778. 1. The authority citation for part 67 continues to read as follows:

#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

NORTH CAROLINA Caswell County

Benton Branch ...... At the confluence with Stony Creek ...... None •603 Caswell County (Unin- corporated Areas). Approximately 0.5 mile upstream of Senior None •680 Allred Road. Benton Branch ...... At the confluence with Benton Branch ...... None •619 Caswell County (Unin- corporated Areas). Tributary 1 ...... Approximately 1.7 miles upstream of the con- None •707 fluence with Benton Branch. Benton Branch ...... At the confluence with Benton Branch ...... None •634 Caswell County (Unin- corporated Areas). Tributary 2 ...... Approximately 1.0 mile upstream of Simmons None •725 Road. Grays Branch ...... At the confluence with Stony Creek ...... None •618 Caswell County (Unin- corporated Areas). Approximately 1.5 miles upstream of Shaw None •738 Road. Grays Branch Tributary 1 ...... At the confluence with Grays Branch ...... None •623 Caswell County (Unin- corporated Areas). Approximately 2.1 miles upstream of the con- None •724 fluence with Grays Branch. Grays Branch Tributary 2 ...... At the confluence with Grays Branch ...... None •641 Caswell County (Unin- corporated Areas). Approximately 2.9 miles upstream of Under- None •754 wood Road. Hughes Mill Creek ...... Approximately 0.5 mile upstream of the con- None •610 Caswell County (Unin- fluence with Jordan Creek. corporated Areas). Approximately 1.2 miles upstream of North None •657 Carolina Highway 62. Stony Creek...... Approximately 0.3 mile downstream of the None •595 Caswell County (Unin- Caswell/Alamance County boundary. corporated Areas). Approximately 2.4 miles upstream of Moore None •712 Road. Toms Creek ...... At the Caswell/Alamance County boundary ...... None •596 Caswell County (Unin- corporated Areas). Approximately 0.6 mile upstream of Kerr’s None •637 Chapel Road.

Caswell County (Unincorporated Areas) Maps available for inspection at the Caswell County Planning Department, 144 Courthouse Square, Yancyville, North Carolina. Send comments to Mr. Nathaniel Hall, Chairman of the Caswell County Commissioners, P.O. Box 98, Yancyville, North Carolina 27379.

NORTH CAROLINA Chatham County

B. Everett Jordan Lake ...... For its entire shoreline ...... None •238 Chatham County (Unin- corporated Areas). Bear Creek ...... At the confluence with Rocky River ...... None •292 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of Edwards None •456 Hill Church Road. Bear Creek (into Indian Creek) ...... At the confluence of Indian Creek (into Deep None •242 Chatham County (Unin- River). corporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 400 feet upstream of Bonlee None •391 Carbonton Road. Beaver Creek ...... At the Chatham and Wake County boundary .... None •238 Chatham County (Unin- corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Beaver Creek Tributary 1 ...... At the confluence with Beaver Creek and B. None •238 Chatham County (Unin- Everett Jordan Lake. corporated Areas). Approximately 1.3 miles upstream of Tody None •275 Goodwin Road. Beaver Creek Tributary 2 ...... At the confluence with Beaver Creek and B. None •238 Chatham County (Unin- Everett Jordan Lake. corporated Areas). Approximately 1.1 miles upstream of Tody None •251 Goodwin Road. Beaver Creek Tributary 3 ...... At the confluence with Beaver Creek and B. None •238 Chatham County (Unin- Everett Jordan Lake. corporated Areas). Approximately 0.6 mile upstream of the con- None •263 fluence with Beaver Creek and B. Everett Jordan Lake. Blood Run Creek ...... At Chatham and Randolph County boundary .... None •495 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of U.S. 64 ..... None •594 Brooks Creek ...... At the confluence with the Haw River ...... None •316 Chatham County (Unin- corporated Areas). Approximately 2.2 miles upstream of the con- None •383 fluence with Haw River. Brush Creek ...... At the Chatham and Randolph County bound- None •499 Chatham County (Unin- ary. corporated Areas). At the Chatham and Randolph County bound- None •552 ary. Buckhorn Creek ...... At the confluence with Cape Fear River ...... None •155 Chatham County (Unin- corporated Areas). At the Harris Reservoir Dam ...... None •177 Buckhorn Creek Tributary 1 ...... At the confluence with Buckhorn Creek ...... None •168 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of the con- None •237 fluence with Buckhorn Creek. Buckhorn Creek Tributary 2 ...... At the confluence with Buckhorn Creek ...... None •175 Chatham County (Unin- corporated Areas). Approximately 0.7 mile upstream of the con- None •222 fluence with Buckhorn Creek. Buckhorn Creek Tributary 3 ...... At the confluence with Buckhorn Creek ...... None •177 Chatham County (Unin- corporated Areas). Approximately 0.1 mile upstream of the Rail- None •191 road. Buckhorn Creek Tributary 4 ...... At the confluence with Harris Reservoir ...... None •232 Chatham County (Unin- corporated Areas). Approximately 0.4 mile upstream of the con- None •282 fluence with the Harris Reservoir. Bush Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 1.4 miles upstream of Big None •253 Woods Road. Cape Fear River ...... At the Chatham and Harnett County boundary None •152 Chatham County (Unin- corporated Areas). At the confluence with Deep River and Haw None •177 River. Cedar Creek ...... At the confluence with Deep River ...... None •233 Chatham County (Unin- corporated Areas). Approximately 1.2 miles upstream of Henry None •248 Oldham Road. Cedar Creek Tributary 1 ...... At the confluence with Cedar Creek ...... None •233 Chatham County (Unin- corporated Areas). Approximately 1.4 miles upstream of Henry None •252 Oldham Road. Cedar Creek Tributary 2 ...... At the confluence with Cedar Creek Tributary 1 None •236 Chatham County (Unin- corporated Areas). Approximately 0.4 mile upstream of Unnamed None •259 Road.

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Collins Creek ...... At the confluence with the Haw River ...... None •402 Chatham County (Unin- corporated Areas). Approximately 0.45 mile upstream of the con- None •451 fluence of Persimmons Nursery Branch at the Chatham and Orange County boundary. Crooked Creek ...... At the Chatham and Durham County boundary None •238 Chatham County (Unin- corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Crows Creek ...... At the confluence with Terrells Creek ...... None •369 Chatham County (Unin- corporated Areas). Approximately 550 feet upstream of Eagle Point None •406 Road or Unnamed Road. Cub Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 1.0 mile upstream of Nature Trail None •271 Road. Deep River ...... At the confluence with Cape Fear River ...... None •177 Chatham County (Unin- corporated Areas). At the Chatham, Moore, and Lee County None •250 boundaries. Deep River Tributary 5 ...... At the confluence with Deep River ...... None •240 Chatham County (Unin- corporated Areas). Approximately 2,200 feet upstream of Alton None •274 King Road. Deep River Tributary 6 ...... At the confluence with Deep River Tributary 5 .. None •240 Chatham County (Unin- corporated Areas). Approximately 0.7 mile upstream of Alton King None •252 Road. Deep River Tributary 7 ...... At the confluence with Deep River ...... None •240 Chatham County (Unin- corporated Areas). Approximately 1.6 miles upstream of Alton King None •300 Road. Deep River Tributary 8 ...... At the confluence with Deep River ...... None •240 Chatham County (Unin- corporated Areas). Approximately 0.5 mile upstream of Alton King None •245 Road. Dry Creek ...... At the confluence with Haw River ...... None •337 Chatham County (Unin- corporated Areas). Approximately 2.9 miles upstream of Silk Hope None •532 Gum Springs Road. East Price Creek ...... At the Chatham and Orange County boundary None •402 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of the bound- None •426 ary. Folkner Branch ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 500 feet upstream of Farrells None •256 Creek Road. Georges Creek ...... At the confluence with Deep River ...... None •225 Chatham County (Unin- corporated Areas). Approximately 2.5 miles upstream of Rosser None •260 Road. Georges Creek Tributary 1 ...... At the confluence with Georges Creek ...... None •225 Chatham County (Unin- corporated Areas). Approximately 0.8 mile upstream of the con- None •244 fluence with Georges Creek. Georges Creek Tributary 2 ...... At the confluence with Georges Creek ...... None •225 Chatham County (Unin- corporated Areas). Approximately 1.1 miles upstream of the con- None •237 fluence with Georges Creek. Greenbriar Creek ...... At the confluence with Rocky River ...... None •586 Chatham County (Unin- corporated Areas). At the Alamance and Chatham County bound- None •632 ary. Gulf Creek ...... At the confluence with Cape Fear River ...... None •172 Chatham County (Unin- corporated Areas). Approximately 1.7 miles upstream of Unnamed None •191 Road.

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Harlands Creek ...... At the confluence with Rocky River ...... None •331 Chatham County (Unin- corporated Areas). Approximately 800 feet upstream of U.S. 64 ..... None •428 Harris Reservoir ...... Approximately 0.3 mile upstream of the Chat- None •252 Chatham County (Unin- ham and Wake County boundary. corporated Areas). At the Chatham and Wake County boundary .... None •252 Harts Creek ...... At the confluence with Bear Creek ...... None •357 Chatham County (Unin- corporated Areas). Approximately 1.6 miles upstream of the con- None •403 fluence with Bear Creek. Haw River ...... At the confluence with Deep River and Cape None •177 Chatham County (Unin- Fear River. corporated Areas). Approximately 0.74 mile upstream of the con- None •400 fluence of Terrells Creek (West) and the Alamance and Chatham County boundary. Herndon Creek ...... At the confluence with Bush Creek ...... None •238 Chatham County (Unin- corporated Areas). Approximately 0.8 mile upstream of Jack Ben- None •251 nett Road. Hill Creek ...... At the confluence with Robeson Creek ...... None •369 Chatham County (Unin- corporated Areas). Approximately 300 feet upstream of X-Campbell None •511 Road. Indian Creek (into Deep River) ...... At the confluence of Deep River ...... •250 •240 Chatham County (Unin- corporated Areas). Approximately 0.2 mile upstream of Goldston None •336 Glendon Road. Indian Creek (into Jordan Lake)...... Approximately 1.1 miles upstream of State None •238 Chatham County (Unin- Highway 751. corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Kit Creek ...... At the confluence with Northeast Creek ...... None •238 Chatham County (Unin- corporated Areas). At Chatham and Wake County boundary ...... None •243 Lacy Creek ...... At the confluence with Rocky River ...... None •539 Chatham County (Unin- corporated Areas). Approximately 0.7 mile upstream of confluence None •565 with Rocky River. Landrum Creek ...... At the confluence with Rocky River ...... None •337 Chatham County (Unin- corporated Areas). Approximately 500 feet upstream of Pleasant None •500 Hill Church Road. Landrum Creek Tributary ...... At the confluence with Landrum Creek ...... None •456 Chatham County (Unin- corporated Areas). Approximately 0.9 mile upstream of Jay None •468 Shambley Road. Lick Branch ...... Approximately 1,200 feet upstream of State None •238 Chatham County (Unin- Highway 751. corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Lick Creek ...... At the confluence with Terrells Creek (West) .... None •424 Chatham County (Unin- corporated Areas). Approximately 2.4 miles upstream of the con- None •473 fluence with Terrells Creek (West). Line Creek ...... At the confluence with Deep River ...... None •250 Chatham County (Unin- corporated Areas). Approximately 1.0 mile upstream of Goldston None •271 Carbanton Road. Little Beaver Creek ...... Approximately 1.0 mile upstream of the con- None •238 Chatham County (Unin- fluence with B. Everett Jordan Lake. corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Little Beaver Creek Tributary ...... Approximately 0.7 mile upstream of the con- None •238 Chatham County (Unin- fluence with Little Beaver Creek. corporated Areas). At the confluence with Little Beaver Creek ...... None •238 Little Brush Creek ...... At the Chatham and Randolph County bound- None •453 Chatham County (Unin- ary. corporated Areas). Approximately 1.6 miles upstream of Jim Paige None •543 Road. Little Indian Creek ...... At the confluence with Indian Creek (into Deep None •240 Chatham County (Unin- River). corporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 400 feet upstream of Goldston None •378 Glendon Road. Long Branch ...... At the confluence with Dry Creek ...... None •448 Chatham County (Unin- corporated Areas). Approximately 1.5 miles upstream of State None •497 Route 87. Loves Creek ...... At the confluence with Rocky River ...... •504 •501 Chatham County (Unin- corporated Areas). Approximately 0.1 mile upstream of Pine Forest None •605 South Drive. Loves Creek Tributary 1 ...... At the confluence with Loves Creek ...... None •557 Chatham County Approximately 400 feet upstream of U.S. 64 ..... None •620 (Unincorporated Areas). Loves Creek Tributary 2 ...... At the confluence with Loves Creek Tributary 1 None •585 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of West Dol- None •666 phin Street. Loves Creek Tributary 3 ...... At the confluence with Loves Creek Tributary 1 None •592 Chatham County (Unin- corporated Areas). Approximately 400 feet upstream of Garden Av- None •648 enue. Meadow Branch ...... At the confluence with Terrells Creek ...... None •381 Chatham County. Approximately 350 feet upstream of Jones None •389 (Unincorporated Areas). Ferry Road. Meadow Creek ...... At the confluence with Rocky River ...... None •437 Chatham County. Approximately 1.3 miles upstream of Rives None •389 (Unincorporated Areas). Chapel Church Road. Mill Branch ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 1.0 mile upstream of the con- None •244 fluence with B. Everett Jordan Lake. Morgan Creek ...... At the Chatham and Durham County boundary None •238 Chatham County (Unin- corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 Morris Branch ...... At the confluence with Panther Creek ...... None •238 Chatham County Approximately 0.7 mile upstream of the con- None •249 (Unincorporated Areas). fluence with Panther Creek. Mud Lick Creek ...... At the confluence with Rocky River ...... None •544 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of Silk Hope None •597 Liberty Road. Nancy Branch ...... At the confluence with Panther Creek ...... None •236 Chatham County (Unin- corporated Areas). Approximately 0.4 mile upstream of the con- None •239 fluence with Panther Creek. New Hope River Tributary 1 ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of B. Everett None •247 Jordan Lake. North Prong Rocky River ...... At the confluence with Rocky Road ...... None •587 Chatham County (Unin- corporated Areas). At the Alamance and Chatham County bound- None •648 ary. Northeast Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). At the Chatham and Durham County boundary None •240 Overcup Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 1.1 miles upstream of B. Everett None •253 Jordan Lake. Overcup Creek Tributary ...... At the confluence with Overcup Creek ...... None •238 Chatham County (Unin- corporated Areas). Approximately 1.0 mile upstream of Overcup None •245 Creek. Panther Creek ...... At the confluence with Northeast Creek ...... None •238 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of the con- None •245 fluence of Morris Branch. Parkers Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 0.4 mile upstream of Big Woods None •287 Road. Persimmons Nursery Branch ...... At the confluence with Collins Creek ...... None •448 Chatham County (Unin- corporated Areas). Approximately 550 feet upstream of Collins None •450 Mountain Road. Pokeberry Creek ...... At the confluence with Haw River ...... None •297 Chatham County (Unin- corporated Areas). Approximately 3.5 miles upstream of Andrews None •558 Store Road. Reedy Fork ...... At the Chatham and Randolph County bound- None •499 Chatham County (Unin- ary. corporated Areas). Approximately 0.4 mile upstream of Wrenn None •527 Smith Road. Robeson Creek ...... At the confluence with the Haw River and B. None •238 Chatham County (Unin- Everett Jordan Lake. corporated Areas). Approximately 0.3 mile upstream of the Power None •481 Line Easement. Robeson Creek Tributary 1 ...... At the confluence with Robeson Creek ...... None •297 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of Prince None •486 Creek Road. Robeson Creek Tributary 2 ...... At the confluence with Robeson Creek Tributary None •349 Chatham County (Unin- 1. corporated Areas). Approximately 475 feet upstream of Tom None •502 Womble Road. Robeson Creek Tributary 3 ...... At the confluence with Robeson Creek ...... None •352 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of Oakwood None •419 Street. Robeson Creek Tributary 4 ...... At the confluence with Robeson Creek ...... None •377 Chatham County (Unin- corporated Areas). Approximately 320 feet upsteam of State Route None •497 87. Robeson Creek Tributary 5 ...... At the confluence with Robeson Creek Tributary None •391 Chatham County (Unin- 4. corporated Areas). Approximately 1.0 mile upstream of Arthur Al- None •471 ston Road. Rocky Branch (into Deep River) ...... At the confluence with Deep River ...... None •204 Chatham County (Unin- corporated Areas). Approximately 0.5 mile upstream of the con- None •222 fluence with Deep River. Rocky Branch (into Georges Creek) ... At the confluence with Georges Creek ...... None •232 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of Rosser None •256 Road. Rocky Ford Branch ...... At the confluence with White Oak Branch ...... None •238 Chatham County (Unin- corporated Areas). Approximately 0.7 mile upstream of Luther None •244 Road. Rocky River ...... At the confluence with Deep River ...... None •209 Chatham County (Unin- corporated Areas). At the Chatham and Randolph County bound- None •643 ary. Rocky River Tributary 1 ...... At the confluence with Rocky River ...... None •507 Chatham County (Unin- corporated Areas). Approximately 1.0 mile upstream of Siler City None •630 Snow Camp Road. Sandy Branch ...... At the confluence with Bear Creek ...... None •410 Chatham County (Unin- corporated Areas). Approximately 200 feet upstream of State None •425 Route 902. Shaddox Creek ...... At the confluence with Haw River ...... None •177 Chatham County (Unin- corporated Areas). Approximately 2.5 miles upstream of U.S. None •214 Route 1. South Fork ...... At the Alamance and Chatham County bound- None •525 Chatham County (Unin- ary. corporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 0.5 mile upstream of Moon None •550 Lindley Road. Stinking Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 450 feet upstream of Talon Drive None •279 Terrells Creek ...... At the confluence with Haw River ...... None •369 Chatham County (Unin- corporated Areas). At the Chatham and Orange County boundary None •420 Terrells Creek (West) ...... At the confluence with Haw River ...... None •397 Chatham County (Unin- corporated Areas). Approximately 1.5 miles upstream of Woody None •530 Store Road. Tick Creek ...... At the confluence with Rocky River ...... None •407 Chatham County (Unin- corporated Areas). Approximately 300 feet upstream of Petty Road None •555 Tick Creek Tributary ...... At the confluence with Tick Creek ...... None •468 Chatham County (Unin- corporated Areas). Approximately 0.5 mile upstream of the con- None •480 fluence with Tick Creek. Tributary A ...... At the confluence with Indian Creek (into Deep None •240 Chatham County (Unin- River). corporated Areas). Approximately 350 feet upstream of Little Indian None •258 Creek Road. Turkey Creek ...... At the confluence with Robeson Creek ...... None •324 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of Unnamed None •452 Road. Tysons Creek ...... At the Chatham and Moore County boundary ... None •322 Chatham County (Unin- corporated Areas). Approximately 0.4 mile upstream of Mert None •414 McManess Road. Varnell Creek ...... At the confluence with Rocky River ...... None •485 Chatham County (Unin- corporated Areas). Approximately 2.3 miles upstream of U.S. 64 ... None •528 Weaver Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 2.1 miles upstream of B. Everett None •297 Jordan Lake. Weaver Creek Tributary ...... At the confluence with Weaver Creek ...... None •238 Chatham County (Unin- corporated Areas). Approximately 1.3 miles upstream of the con- None •245 fluence with Weaver Creek. Welch Creek ...... At the confluence with Tick Creek ...... None •466 Chatham County (Unin- corporated Areas). Approximately 0.6 mile upstream of the con- None •478 fluence with Tick Creek. White Oak Creek ...... At the Chatham and Wake County boundary .... None •238 Chatham County (Unin- corporated Areas). At the confluence with B. Everett Jordan Lake .. None •238 White Oak Creek Tributary 1 ...... At the confluence with White Oak Creek and B. None •238 Chatham County (Unin- Everett Jordan Lake. corporated Areas). Approximately 0.9 mile upstream of the con- None •253 fluence with White Oak Creek and B. Everett Jordan Lake. Wilkinson Creek ...... At the confluence with the Haw River ...... None •330 Chatham County (Unin- corporated Areas). Approximately 1.1 miles upstream of Gilmore None •575 Road. Windfall Creek ...... At the confluence with B. Everett Jordan Lake .. None •238 Chatham County (Unin- corporated Areas). Approximately 0.3 mile upstream of the con- None •248 fluence with B. Everett Jordan Lake.

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Town of Pittsboro Maps available for inspection at the Pittsboro Planning Office, Town Hall, 635 East Street, Pittsboro, North Carolina. Send comments to The Honorable Nancy May, Mayor of the Town of Pittsboro, P.O. Box 759, Pittsboro, North Carolina 27312. Town of Siler City Maps available for inspection at the Siler City Zoning Office, Town Hall, 311 North Second Avenue, Siler City, North Carolina. Send comments to The Honorable Charles Turner, Mayor of the Town of Siler City, P.O. Box 769, Siler City, North Carolina 27344. Chatham County (Unincorporated Areas) Maps available for inspection at the Chatham County Planning Department, 80–A East Street, Pittsboro, North Carolina. Send comments to Mr. Charlie Horne, Chatham County Manager, P.O. Box 87, Pittsboro, North Carolina 27312.

NORTH CAROLINA Forsyth County

Haw River ...... At the upstream side of Stigall Road ...... None •860 Forsyth County (Unin- corporated Areas). Approximately 0.8 mile upstream of Stigall None •883 Road. Reedy Fork ...... At the Forsyth/Guilford County boundary ...... None •878 Forsyth County (Unin- corporated Areas), Town of Kernersville. Approximately 0.6 mile upstream of the Forsyth/ None •892 Guilford County boundary. West Fork Deep River ...... Approximately 0.7 mile upstream of Interstate None •890 Forsyth County (Unin- 40. corporated Areas), Town of Kernersville. Approximately 240 feet downstream of Indus- None •903 trial Park Drive.

Forsyth County (Unincorporated Areas) Maps available for inspection at the Forsyth County Planning Department, 100 East 1st Street, Winston-Salem, North Carolina. Send comments to Mr. Graham Pervier, Forsyth County Manager, 201 North Chestnut Street, Winston-Salem, North Carolina 27101.

NORTH CAROLINA Randolph County

Bachelor Creek ...... At the confluence with Richland Creek ...... None •455 Randolph County (Un- incorporated Areas). Approximately 0.5 mile upstream of the con- None •653 fluence of Bachelor Creek Tributary 5. Bachelor Creek Tributary 1 ...... At the confluence with Bachelor Creek ...... None •472 Randolph County (Un- incorporated Areas). Approximately 480 feet upstream of Osborn Mill None •513 Road. Bachelor Creek Tributary 2 ...... At the confluence with Bachelor Creek ...... None •506 Randolph County (Un- incorporated Areas). Approximately 0.7 mile upstream of the con- None •525 fluence with Bachelor Creek. Bachelor Creek Tributary 3 ...... At the confluence with Bachelor Creek ...... None •515 Randolph County (Un- incorporated Areas). Approximately 0.8 mile upstream of Bachelor None •615 Creek Road. Bachelor Creek Tributary 4 ...... At the confluence with Bachelor Creek ...... None •620 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of the con- None •637 fluence with Bachelor Creek. Bachelor Creek Tributary 5 ...... At the confluence with Bachelor Creek ...... None •637 Randolph County (Un- incorporated Areas). Approximately 0.5 mile upstream of the con- None •656 fluence with Bachelor Creek. Blood Run Creek ...... At the Randolph/Chatham County boundary ..... None •495 Randolph County (Un- incorporated Areas). At the confluence with Brush Creek ...... None •495 Boodom Creek ...... At the confluence with Sandy Creek ...... None •565 Randolph County (Un- incorporated Areas). Approximately 0.6 mile upstream of Unnamed None •690 Road. Boodom Creek Tributary 1 ...... At the confluence with Boodom Creek ...... None •565 Randolph County (Un- incorporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 2.1 miles upstream of the con- None •734 fluence with Boodom Creek. Boodom Creek Tributary 2 ...... At the confluence with Boodom Creek ...... None •582 Randolph County (Un- incorporated Areas). Approximately 480 feet upstream of Troy Estate None •727 Road. Brush Creek ...... At the confluence with Deep River ...... None •363 Randolph County (Un- incorporated Areas). Approximately 200 feet upstream of Langley None •612 Road. Brush Creek Tributary 1 ...... At the confluence with Brush Creek ...... None •568 Randolph County (Un- incorporated Areas). Approximately 630 feet upstream of Browns None •597 Crossroads Road. Bush Creek ...... At the confluence with Deep River ...... None •491 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of Old Liberty None •708 Road. Bush Creek Tributary ...... At the confluence with Bush Creek ...... None •572 Randolph County (Un- incorporated Areas). Approximately 0.7 mile upstream of Whites Me- None •625 morial Drive. Deep River ...... At the Randolph/Moore County boundary ...... None •354 Randolph County boundary (Unincor- porated Areas). At the Randolph/Guilford County boundary ...... None •672 Deep River Tributary 15 ...... At the confluence with Deep River ...... None •446 Randolph County (Un- incorporated Areas). Approximately 1,160 feet upstream of U.S. None •549 Highway 64. Deep River Tributary 16 ...... At the confluence with Deep River ...... None •450 Randolph County (Un- incorporated Areas). Approximately 1.8 miles upstream of NC 22 ..... None •520 Deep River Tributary 17 ...... At the confluence with Deep River ...... None •459 Randolph County (Un- incorporated Areas). Approximately 0.9 mile upstream of U.S. High- None •529 way 64. Deep River Tributary 18 ...... At the confluence with Deep River ...... None •467 Randolph County (Un- incorporated Areas). Approximately 0.5 mile upstream of Depot None •600 Street. Deep River Tributary 19 ...... At the confluence with Deep River Tributary 18 None •478 Randolph County (Un- incorporated Areas). Approximately 1,850 feet upstream of Clark Av- None •562 enue. Deep River Tributary 20 ...... At the confluence with Deep River ...... None •600 Randolph County (Un- incorporated Areas). Approximately 1,320 feet upstream of Worthville None •675 Street. Deep River Tributary 21 ...... At the confluence with Deep River ...... None •604 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of Sunset None •687 Drive. Deep River Tributary 22 ...... At the confluence with Deep River Tributary 21 None •634 Randolph County (Un- incorporated Areas). Approximately 0.7 mile upstream of Bowman None •698 Avenue. Deep River Tributary 23 ...... At the confluence with Deep River Tributary 22 None •661 Randolph County (Un- incorporated Areas). Approximately 800 feet upstream of Brookwood None •736 Acres Drive. Deep River Tributary 24 ...... At the confluence with Deep River ...... None •623 Randolph County (Un- incorporated Areas). Approximately 0.9 mile upstream of Business None •724 220. Deep River Tributary 26 ...... At the confluence with Deep River ...... None •664 Randolph County (Un- incorporated Areas). At the Randolph/Guilford County boundary ...... None •704

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Dodsons Lake ...... At the confluence with Sandy Creek ...... None •583 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of Julian Air- None •642 port Road. Dodsons Lake 2 ...... At the confluence with Dodsons Lake ...... None •613 Randolph County (Un- incorporated Areas). Approximately 0.3 mile upstream of the con- None •626 fluence with Dodsons Lake. Dodsons Lake Tributary 1 ...... At the confluence with Dodsons Lake ...... None •608 Randolph County (Un- incorporated Areas). Approximately 420 feet upstream of Upper None •655 Three Lakes Dam. Fork Creek ...... At the confluence with Deep River ...... None •354 Randolph County (Un- incorporated Areas). Approximately 2.3 miles upstream of the con- None •642 fluence with Fork Creek Tributary 1. Fork Creek Tributary 1 ...... At the confluence with Fork Creek ...... None •507 Randolph County (Un- incorporated Areas). Approximately 600 feet upstream of Seagrove None •734 Plank Road. Fork Creek Tributary 2 ...... At the confluence with Fork Creek Tributary 1 .. None • 516 Randolph County (Un- incorporated Areas). Approximately 2.0 miles upstream of Angel Fire None • 645 Trail. Fork Creek Tributary 3 ...... At the confluence with Fork Creek Tributary 1 .. None • 555 Randolph County (Un- incorporated Areas). Approximately 1.6 miles upstream of the con- None • 622 fluence with Fork Creek Tributary 1. Gabriels Creek ...... At the confluence with Deep River ...... None • 548 Randolph County Approximately 480 feet upstream of Green Val- None • 703 (Unincorporated Areas). ley Road. Gabriels Creek Tributary 1 ...... At the confluence with Gabriels Creek ...... None • 551 Randolph County Approximately 1,900 feet upstream of Old None • 696 (Unincorporated Areas). Cedar Falls Road. Gabriels Creek Tributary 2 ...... At the confluence with Gabriels Creek ...... None • 594 Randolph County Approximately 0.7 mile upstream of Henley None • 695 (Unincorporated Areas). Country Road. Hasketts Creek ...... Approximately 1,000 feet upstream of the con- • 620 • 619 Randolph County (Un- fluence with Penwood Branch. incorporated Areas). Approximately 1,270 feet upstream of West None • 816 Presnell Street. Hasketts Creek Tributary 1 ...... Just downstream of Northwood Drive ...... None • 670 Randolph County Approximately 420 feet upstream of McKnight None • 685 (Unincorporated Areas). Street. Hasketts Creek Tributary 2 ...... At the confluence with Hasketts Creek ...... None • 734 Randolph County Approximately 0.6 mile upstream of West None • 794 (Unincorporated Areas). Presnell Street. Lambert Creek ...... At the confluence with Fork Creek ...... None • 453 Randolph County Approximately 0.7 mile upstream of the con- None • 468 (Unincorporated Areas). fluence with Fork Creek. Little Brush Creek ...... At the confluence with Brush Creek ...... None • 409 Randolph County At the Randolph/Chatham County boundary ..... None • 454 (Unincorporated Areas). Little Polecat Creek ...... At the confluence with Polecat Creek ...... None • 658 Randolph County Approximately 1,050 feet upstream of dam ...... None • 769 (Unincorporated Areas). Little Polecat Creek Tributary 1 ...... At the confluence with Little Polecat Creek ...... None • 681 Randolph County (Un- incorporated Areas). Approximately 1.4 miles upstream of New None • 788 Salem Road. Little Polecat Creek Tributary 2 ...... At the confluence with Little Polecat Creek Trib- None • 746 Randolph County (Un- utary 1. incorporated Areas). Approximately 1.0 mile upstream of the con- None • 789 fluence with Little Polecat Creek Tributary 1. Little Polecat Creek Tributary 3 ...... At the confluence with Little Polecat Creek ...... None • 699 Randolph County (Un- incorporated Areas). Approximately 0.9 mile upstream Bethel Church None • 753 Road. Little Polecat Creek Tributary 4 ...... At the confluence with Little Polecat Creek ...... None • 705 Randolph County (Un- incorporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 740 feet upstream of Hunting None • 742 Lodge Road. Little Polecat Creek Tributary 5 ...... At the confluence with Little Polecat Creek Trib- None • 709 Randolph County (Un- utary 4. incorporated Areas). Approximately 0.9 mile upstream of Hunting None • 763 Lodge Road. Mill Creek ...... At the confluence with Deep River ...... None • 431 Randolph County Approximately 1.0 mile upstream of Iron Moun- None • 619 (Unincorporated Areas). tain Road. Mill Creek Tributary 1 ...... At the confluence with Mill Creek ...... None • 543 Randolph County Approximately 1,500 feet upstream of Woods None • 631 (Unincorporated Areas). Stream Lane. Mill Creek Tributary 2 ...... At the confluence with Mill Creek ...... None • 547 Randolph County Approximately 0.8 mile upstream of the con- None • 609 (Unincorporated Areas). fluence with Mill Creek Tributary 3. Mill Creek Tributary 3 ...... At the confluence with Mill Creek Tributary 2 .... None • 572 Randolph County (Un- incorporated Areas). Approximately 1,800 feet upstream of dam ...... None • 600 Mill Creek Tributary 4 ...... At the confluence with Mill Creek ...... None • 585 Randolph County Approximately 0.9 mile upstream of Creekway None • 618 (Unincorporated Areas). Ridge. Millstone Creek ...... At the confluence with Deep River ...... None • 429 Randolph County Approximately 0.4 mile upstream of Lee Layne None • 466 (Unincorporated Areas). Road. Mount Pleasant Creek ...... At the confluence with Sandy Creek ...... None • 503 Randolph County Approximately 0.7 mile upstream of Land Es- None • 615 (Unincorporated Areas). tates Drive. Muddy Creek ...... At the confluence with Deep River ...... None • 638 Randolph County Approximately 200 feet upstream of Verta Ave- • 843 • 846 (Unincorporated Areas). nue. Muddy Creek East Tributary ...... At the confluence with Muddy Creek ...... •721 •722 Randolph County (Un- incorporated Areas). At the Guilford/Randolph County boundary ...... None •814 Muddy Creek East Tributary 2 ...... At the confluence with Muddy Creek East Tribu- •752 •753 Randolph County (Un- tary. incorporated Areas). At the Guilford/Randolph County boundary ...... None •771 Muddy Creek East Tributary 3 ...... At the confluence with Muddy Creek East Tribu- •752 •753 Randolph County (Un- tary 2. incorporated Areas). At the Guilford/Randolph County boundary ...... None •767 Muddy Creek East Tributary 4 ...... At the confluence with Muddy Creek East Tribu- •757 •766 Randolph County (Un- tary. incorporated Areas). At the Randolph/Guilford County boundary ...... None •783 Muddy Creek East Tributary 5 ...... At the Randolph/Guilford County boundary ...... None •771 Randolph County (Un- incorporated Areas). At the confluence with Muddy Creek East Tribu- None •771 tary 4. Muddy Creek Tributary ...... At the confluence with Muddy Creek ...... •717 •720 Randolph County (Un- incorporated Areas). Approximately 0.7 mile upstream of Walnut None •756 Tree Lane. Muddy Creek West Tributary ...... At the confluence with Muddy Creek ...... •785 •786 Randolph County (Un- incorporated Areas). Approximately 160 feet upstream of Playground None •842 Road. North Prong Creek ...... At the Randolph/Alamance County boundary .... None •686 Randolph County (Un- incorporated Areas). Approximately 1,210 feet upstream of Unnamed None •712 Road. North Prong Richland Creek ...... At the confluence with Richland Creek ...... None •581 Randolph County (Un- incorporated Areas). Approximately 1,300 feet upstream of Staleys None •694 Farm Road. North Prong Richland Creek Tributary At the confluence with North Prong Richland None •677 Randolph County (Un- Creek. incorporated Areas). Approximately 370 feet upstream of Tall Pine None •700 Street. North Prong Rocky River ...... At the Randolph/Alamance County boundary .... None •677 Randolph County (Un- incorporated Areas).

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Approximately 210 feet upstream of South None •754 Cook Street. Penwood Branch ...... Approximately 1,320 feet downstream of East None •747 Randolph County (Un- Presnell Street. incorporated Areas). Approximately 1,690 feet upstream of Glen- None •846 wood Road. Polecat Creek ...... At the confluence with Deep River ...... None •599 Randolph County (Un- incorporated Areas). Approximately 0.8 mile upstream of the con- None •702 fluence with Polecat Creek Tributary 7. Polecat Creek Tributary 4 ...... At the confluence with Polecat Creek ...... None •671 Randolph County (Un- incorporated Areas). At the Randolph/Guilford County boundary ...... None •695 Polecat Creek Tributary 5 ...... At the confluence with Polecat Creek Tributary None •683 Randolph County (Un- 4. incorporated Areas). Approximately 0.5 mile upstream of dam ...... None •710 Polecat Creek Tributary 6 ...... At the confluence with Polecat Creek ...... None •679 Randolph County (Un- incorporated Areas). Approximately 1.3 miles upstream of the con- None •736 fluence with Polecat Creek. Polecat Creek Tributary 7 ...... At the confluence with Polecat Creek ...... None •696 Randolph County (Un- incorporated Areas). Approximately 0.8 mile upstream of the con- None •716 fluence with Polecat Creek. Reed Creek ...... At the confluence with Deep River ...... None •437 Randolph County (Un- incorporated Areas). Approximately 0.9 mile upstream of Wright None •619 Country Road. Reed Creek Tributary 1 ...... At the confluence with Reed Creek ...... None •536 Randolph County (Un- incorporated Areas). Approximately 0.8 mile upstream of the con- None •554 fluence with Reed Creek. Reed Creek Tributary 2 ...... At the confluence with Reed Creek ...... None •537 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of U.S. High- None •562 way 64. Reedy Fork ...... At the confluence with Brush Creek ...... None •488 Randolph County (Un- incorporated Areas). At the Randolph/Chatham County boundary ..... None •498 Richland Creek ...... At the confluence with Deep River ...... None •368 Randolph County (Un- incorporated Areas). At the confluence of North and South Prong None •581 Richland Creek. Rocky River ...... At the Randolph/Chatham County boundary ..... None •644 Randolph County (Un- incorporated Areas). Approximately 0.4 mile upstream of dam ...... None •736 Rocky River Tributary 2 ...... At the confluence with Rocky River ...... None •664 Randolph County (Un- incorporated Areas). Approximately 1.3 miles upstream of Overman None •716 Road Dam. Rocky River Tributary 3 ...... At the confluence with Rocky River ...... None •682 Randolph County (Un- incorporated Areas). Approximately 790 feet upstream of Old U.S. None •724 421. Rocky River Tributary 4 ...... At the confluence with Rocky River ...... None •696 Randolph County (Un- incorporated Areas). Approximately 1,000 feet upstream of dam ...... None •749 Sandy Creek ...... At the confluence with Deep River ...... None •455 Randolph County (Un- incorporated Areas). Approximately 1,600 feet upstream of the con- None •730 fluence with Sandy Creek Tributary 11. Sandy Creek Tributary 1 ...... At the confluence with Sandy Creek ...... None •558 Randolph County (Un- incorporated Areas). Approximately 1.2 miles upstream of the con- None •573 fluence with Sandy Creek. Sandy Creek Tributary 10 ...... At the confluence with Sandy Creek ...... None •684 Randolph County (Un- incorporated Areas). Approximately 1,550 feet upstream of Greeson None •733 Country Road.

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Sandy Creek Tributary 11 ...... At the confluence with Sandy Creek ...... None •703 Randolph County (Un- incorporated Areas). Approximately 900 feet upstream of the con- None •718 fluence with Sandy Creek. Sandy Creek Tributary 2 ...... At the confluence with Sandy Creek ...... None •576 Randolph County (Un- incorporated Areas). Approximately 2.0 miles upstream of U.S. High- None •758 way 421. Sandy Creek Tributary 3 ...... At the confluence with Sandy Creek ...... None •581 Randolph County (Un- incorporated Areas). Approximately 1.8 miles upstream of York Mar- None •735 tin Road. Sandy Creek Tributary 4 ...... At the confluence with Sandy Creek Tributary 3 None •587 Randolph County (Un- incorporated Areas). Approximately 1.2 miles upstream of the con- None •686 fluence with Sandy Creek. Sandy Creek Tributary 5 ...... At the confluence with Sandy Creek Tributary 3 None •596 Randolph County (Un- incorporated Areas). Approximately 1.5 miles upstream of Bunton None •733 Swaim Road. Sandy Creek Tributary 6 ...... At the confluence with Sandy Creek Tributary 5 None •599 Randolph County (Un- incorporated Areas). Approximately 1,320 feet upstream of dam ...... None •724 Sandy Creek Tributary 7 ...... At the confluence with Sandy Creek ...... None •581 Randolph County (Un- incorporated Areas). Approximately 1.7 miles upstream of Starmount None •652 Road. Sandy Creek Tributary 8 ...... At the confluence with Sandy Creek ...... None •607 Randolph County (Un- incorporated Areas). Approximately 2.2 miles upstream of Randolph None •741 Church Road. Sandy Creek Tributary 9 ...... At the confluence with Sandy Creek ...... None •622 Randolph County (Un- incorporated Areas). Approximately 1.4 miles upstream of Hollow Hill None •708 Road. Simmons Branch ...... At the confluence with Deep River ...... None •634 Randolph County (Un- incorporated Areas). Approximately 1,550 feet upstream of Old None •652 Walker Mill Road Extension. South Prong Richland Creek ...... At the confluence with Richland Creek ...... None •581 Randolph County (Un- incorporated Areas). Approximately 0.5 mile upstream of Ross Harris None •658 Road. South Prong Stinking Quarter Creek ... At the Randolph/Guilford County boundary ...... None •627 Randolph County (Un- incorporated Areas). Approximately 0.5 mile upstream of Redbud None •755 Lane. Stinking Quarter Creek Tributary 3 ..... At the Randolph/Guilford County boundary ...... None •627 Randolph County (Un- incorporated Areas). Approximately 1.0 mile upstream of Richland None •681 Church Road. Taylor Branch ...... At the confluence with Muddy Creek ...... None •692 Randolph County (Un- incorporated Areas). Approximately 1,100 feet upstream of Tuttle None •739 Road. Vestal Creek ...... At the confluence with Richland Creek ...... None •565 Randolph County (Un- incorporated Areas). At the confluence with Vestal Creek Tributary 3 None •651 Vestal Creek Tributary 3 ...... At the confluence of Vestal Creek Tributary 2 ... None •662 Randolph County (Un- incorporated Areas). Approximately 0.7 mile upstream of Browers None •743 Chapel Road.

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#Depth in feet above ground *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

City of Archdale Maps are available for inspection at Archdale City Hall, 307 Balfour Drive, Archdale, North Carolina. Send comments to The Honorable Bert Lance Stone, Mayor of the City of Archdale, P.O. Box 14068, Archdale, North Carolina 27263. Send comments to The Honorable David Jarrell, Mayor of the City of Asheboro, P.O. Box 1106, Asheboro, North Carolina 27204. Town of Franklinville Maps are available for inspection at the Franklinville City Hall, 163 West Main Street, Franklinville, North Carolina. Send comments to The Honorable L. McKay Whatley, Mayor of the Town of Franklinville, 163 West Main Street, Franklinville, North Carolina 27248. Town of Liberty Maps are available for inspection at the Liberty Town Hall, 239 South Fayetteville Street, Liberty, North Carolina. Send comments to The Honorable John Stanley, Mayor of the Town of Liberty, 239 South Fayetteville Street, Liberty, North Carolina 27298. Town of Ramseur Maps are available for inspection at the Ramseur Town Hall, 724 Liberty Street, Ramseur, North Carolina. Send comments to The Honorable Hampton L. Spivey, Mayor of the Town of Ramseur, P.O. Box 545, Ramseur, North Carolina 27316. City of Randleman Maps are available for inspection at the Randleman City Hall, 101 Hilliary Street, Randleman, North Carolina. Send comments to The Honorable Bruce Moore, Mayor of the City of Randleman, 101 Hilliary Street, Randleman, North Carolina 27317. Unincorporated Areas of Randolph County Maps are available for inspection at the Randolph County Planning Department, 725 McDowell Road, Asheboro, North Carolina. Send comments to Mr. William Willis, Randolph County Manager, P.O. Box 4728, Asheboro, North Carolina 27204–4728. Town of Seagrove Maps are available for inspection at the Seagrove Town Hall, 122 East Main Street, Seagrove, North Carolina. Send comments to The Honorable Michael T. Walker, Mayor of the Town of Seagrove, 122 East Main Street, Seagrove, North Carolina 27341.

(Catalog of Federal Domestic Assistance No. BFEs are the basis for the floodplain ninety (90) days have elapsed since that 83.100, ‘‘Flood Insurance.’’) management measures that the publication. The Mitigation Division Dated: August 23, 2005. community is required either to adopt Director of the Emergency Preparedness David I. Maurstad, or to show evidence of being already in and Response Directorate has resolved Acting Director, Mitigation Division, effect in order to qualify or remain any appeals resulting from this Emergency Preparedness and Response qualified for participation in the notification. Directorate. National Flood Insurance Program These proposed BFEs and modified [FR Doc. 05–17629 Filed 9–2–05; 8:45 am] (NFIP). BFEs, together with the floodplain BILLING CODE 9110–12–P DATES: The comment period is ninety management criteria required by 44 CFR (90) days following the second 60.3, are the minimum that are required. DEPARTMENT OF HOMELAND publication of this proposed rule in a They should not be construed to mean SECURITY newspaper of local circulation in each that the community must change any community. existing ordinances that are more Federal Emergency Management ADDRESSES: The proposed BFEs for each stringent in their floodplain Agency community are available for inspection management requirements. The at the office of the Chief Executive community may at any time enact 44 CFR Part 67 Officer of each community. The stricter requirements of its own, or [Docket No. FEMA–P–7699] respective addresses are listed in the pursuant to policies established by other table below. Federal, State, or regional entities. Proposed Flood Elevation FOR FURTHER INFORMATION CONTACT: These proposed elevations are used to Determinations Doug Bellomo, P.E., Hazard meet the floodplain management Identification Section, Emergency requirements of the NFIP and are also AGENCY: Federal Emergency used to calculate the appropriate flood Management Agency, Emergency Preparedness and Response Directorate, Federal Emergency Management insurance premium rates for new Preparedness and Response Directorate, buildings built after these elevations are Department of Homeland Security. Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2903. made final, and for the contents in these ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: The buildings. SUMMARY: Technical information or Federal Emergency Management Agency National Environmental Policy Act. comments are requested on the makes the final determinations listed This proposed rule is categorically proposed Base (1% annual-chance) below for the modified BFEs for each excluded from the requirements of 44 Flood Elevations (BFEs) and proposed community listed. These modified CFR Part 10, Environmental BFE modifications for the communities elevations have been published in Consideration. No environmental listed below. The BFEs and modified newspapers of local circulation and impact assessment has been prepared.

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Regulatory Flexibility Act. The September 30, 1993, Regulatory Accordingly, 44 CFR Part 67 is Mitigation Division Director of the Planning and Review, 58 FR 51735. proposed to be amended as follows: Emergency Preparedness and Response Executive Order 12612, Federalism. Directorate certifies that this rule is This proposed rule involves no policies PART 67—[AMENDED] exempt from the requirements of the that have federalism implications under Regulatory Flexibility Act because Executive Order 12612, Federalism, 1. The authority citation for Part 67 modified base flood elevations are dated October 26, 1987. continues to read as follows: required by the Flood Disaster Executive Order 12778, Civil Justice Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4105, Reform. This proposed rule meets the Reorganization Plan No. 3 of 1978, 3 CFR, and are required to maintain community applicable standards of Section 2(b)(2) 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, eligibility in the NFIP. No regulatory of Executive Order 12778. 3 CFR, 1979 Comp., p. 376. flexibility analysis has been prepared. § 67.4 Regulatory Classification. This List of Subjects in 44 CFR Part 67 proposed rule is not a significant Administrative practice and 2. The tables published under the regulatory action under the criteria of procedure, Flood insurance, Reporting authority of § 67.4 are proposed to be Section 3(f) of Executive Order 12866 of and record keeping requirements. amended as follows:

#Depth in feet above ground ♦Elevation in feet State City/town/county Source of flooding Location ♦ (NAVD) Existing Modified

NM ...... Silver City (Town) Central Arroyo ...... At the confluence with Maude’s Creek ..... None ♦6,013 Grant County. Approximately 7,770 feet upstream of the None ♦6,193 confluence with Maude’s Creek. Cottonwood Creek ...... Approximately 800 feet upstream of the None ♦5,953 confluence with Silva Creek. Approximately 190 feet upstream of Cain None ♦6,067 Drive. Maude’s Creek ...... Approximately 210 feet downstream of ♦5,997 ♦6,000 U.S. Route 180. Approximately 6,100 feet upstream of None ♦6,125 U.S. Route 180. Pinos Altos Creek...... Approximately 1,200 feet upstream of ♦6,040 ♦6,042 32nd Street. Approximately 3,770 feet upstream of None ♦6,141 confluence of Tributary 8 to Pinos Altos Creek. Tributary 2 to Maude’s Approximately 16,260 feet upstream of None ♦5,853 Creek (Lower to Reach). the confluence with Maude’s Creek. Approximately 17,340 feet upstream of None ♦5,868 the confluence with Maude’s Creek. Tributary 2 to Maude’s Approximately 590 feet upstream of U.S. None ♦6,047 Creek (Upper Reach). Route 180. Approximately 5,020 feet upstream of None ♦6,227 32nd Street Bypass. Tributary 8 to Pinos Altos At the confluence with Pinos Altos Creek None ♦6,053 Creek. Approximately 1,310 feet upstream of None ♦6,145 40th Street. Maps are available for inspection at the City Annex Building, 1211 North Hudson Street, Silver City, New Mexico. Send comments to The Honorable Terry Fortenberry, Mayor, Town of Silver City, 101 West Broadway, Silver City, New Mexico 88062–1188.

OH ...... Findlay (City) Han- Blanchard River ...... Approximately 70 feet upstream of Cen- ♦779 ♦778 cock County. tral Parkway. Approximately 1,120 feet upstream of the ♦783 ♦781 confluence of Rush Creek. Eage Creek ...... At the confluence with Blanchard River ... ♦779 ♦778 Approximately 110 feet upstream of High- ♦794 ♦792 way 68. Eagle Creek Overflow ...... At the confluence Lye Creek ...... N/A ♦779 Approximately 1,250 feet upstream of N/A ♦780 Blanchard Avenue. Rush Creek ...... At the confluence with Blanchard River ... ♦782 ♦781 Approximately 3,570 feet upstream of the ♦782 ♦781 confluence with Blanchard River.

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#Depth in feet above ground ♦Elevation in feet State City/town/county Source of flooding Location ♦ (NAVD) Existing Modified

Maps are available for inspection at the Community Map Repository, City of Findlay, Municipal Building, Room 306, 318 Dorney Plaza, Find- lay, Ohio. Send comments to The Honorable Anthony P. Iriti, Mayor, City of Findlay, Municipal Building, Room 310, 318 Dorney Plaza, Findlay, Ohio 45840.

TX ...... Lufkin (City) Biloxi Creek North Tribu- Approximately 2,860 feet downstream of None ♦306 Angelina County. tary. State Highway 287. Approximately 210 feet upstream of State None ♦329 Highway 287. Biloxi Creek South Tribu- Approximately 640 feet downstream of None ♦303 tary. Lemans Drive. Approximately 1,660 feet upstream of None ♦319 Lemans Drive. Cedar Creek ...... At Gobblers Knob Road ...... ♦237 ♦238 Approximately 100 upstream of Union None ♦299 Pacific Railroad. Cedar Creek North Tribu- At confluence with Cedar Creek ...... ♦277 ♦276 tary. Approximately 50 feet upstream of Lotus None ♦286 Lane. Cedar Creek South Tribu- At confluence with Cedar Creek ...... ♦254 ♦253 tary. Approximately 1,350 feet upstream of None ♦287 Berry Road. Cedar Creek Tributary 3 ... At confluence with Cedar Creek ...... ♦237 ♦240 Approximately 80 feet upstream of Live None ♦266 Oak Lane. One Eye Creek ...... Approximately 2,120 feet downstream of None ♦289 Bartmess Drive. Approximately 3,900 feet upstream of None ♦309 Bartmess Drive. Shirley Creek ...... Approximately 7,350 feet upstream of the None ♦232 confluence with Paper Mill Creek. Approximately 50 feet upstream of Tren- None ♦297 ton Street. Shirley Creek Tributary 2 At the confluence with Shirley Creek ...... ♦259 ♦260 Approximately 1,600 feet upstream of None ♦310 State Highway 237. Shriely Creek Tributary 2 At confluence with Shirely Creek Tribu- None ♦277 East Branch. tary 2. Approximately 970 feet upstream of Free- None ♦297 man Street. Maps are available for inspection at City Hall, 300 Shepherd Street, Lufkin, Texas. Send comments to The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, 300 Shepherd Street, Lufkin, Texas 75902.

(Catalog of Federal Domestic Assistance No. Dated: August 30, 2005. 83.100, ‘‘Flood Insurance.’’) David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–17623 Filed 9–2–05; 8:45 am] BILLING CODE 9110–12–P

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Notices Federal Register Vol. 70, No. 171

Tuesday, September 6, 2005

This section of the FEDERAL REGISTER the collection of information unless it ACTION: Cancel notice of intent to contains documents other than rules or displays a currently valid OMB control prepare an environmental impact proposed rules that are applicable to the number. statement. public. Notices of hearings and investigations, committee meetings, agency decisions and Forest Service SUMMARY: The Department of rulings, delegations of authority, filing of Agriculture, Forest Service is issuing petitions and applications and agency Title: National Woodland Owner Survey. this notice to advise the public that we statements of organization and functions are are canceling the notice of intent (NOI) examples of documents appearing in this OMB Control Number: 0596–0078. section. to prepare an Environmental Impact Summary of Collection: The Forest Statement (EIS) for the False Island and Rangeland Renewable Resources Timber Sale(s) project. Planning Act of 1974 (Pub. L. 93–278) FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE and the Forest and Rangeland Renewable Resources Act of 1978 (Pub. Carol Goularte, District Ranger or Hans Submission for OMB Review; von Rekowski, Team Leader, Sitka Comment Request L. 307) are the legal authorities for conducting the National Woodland Ranger District, 204 Siginaka Way, Sitka, AK 99835, phone (907) 747–4220, August 31, 2005. Owner Survey. The National Woodland The Department of Agriculture has Owner Survey collects information to fax (907) 747–4253. submitted the following information help answer questions related to the SUPPLEMENTARY INFORMATION: The False collection requirement(s) to OMB for characteristics of the landholdings and Island Timber Sale(s), Sitka Ranger review and clearance under the landowners, ownership objectives, the District, Tongass National Forest Notice Paperwork Reduction Act of 1995, supply of timber and non-timber of Intent to Prepare an Environmental Public Law 104–13. Comments products, forest management practices, Impact Statement was published in the regarding (a) Whether the collection of delivery of the concerns/constraints Federal Register Number 150, Pages information is necessary for the proper perceived by the landowners. 50628–50629). The Forest Service is performance of the functions of the Need and Use of the Information: The canceling that NOI to prepare an EIS for agency, including whether the Forest Service will collect information the False Island Timber Sale(s) on the information will have practical utility; to determine the opportunities and southeastern part of Chichagof Island (b) the accuracy of the agency’s estimate constraints that private woodland about 35 air miles north of Sitka, of burden including the validity of the owners typically face; and facilitate Alaska, 20 air miles west of Angoon, methodology and assumptions used; (c) planning and implementing forest Alaska, and 15 air miles south of ways to enhance the quality, utility and policies and programs. If the Tenakee Springs. The project and this clarity of the information to be information is not collected the NOI are being cancelled because the collected; (d) ways to minimize the knowledge and understanding of private project is not feasible at this time, burden of the collection of information woodland ownerships and their primarily due to economic on those who are to respond, including concerns and activities will be severely consideration of the potential timber through the use of appropriate limited. sale offering. automated, electronic, mechanical, or Description of Respondents: Dated: August 25, 2005. other technological collection Individuals or households; Business or Forrest Cole, techniques or other forms of information other for-profit; Not-for-profit Forest Supervisor. technology should be addressed to: Desk Institutions; Farms; State, Local or Officer for Agriculture, Office of [FR Doc. 05–17563 Filed 9–2–05; 8:45 am] Tribal Government. Information and Regulatory Affairs, BILLING CODE 3410–11–M Office of Management and Budget Number of Respondents: 7,500. (OMB), Frequency of Responses: Reporting: [email protected] or Other (every 5 years). BROADCASTING BOARD OF fax (202) 395–5806 and to Departmental Total Burden Hours: 2,500. GOVERNORS Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250– Charlene Parker, Sunshine Act Meeting 7602. Comments regarding these Departmental Information Collection Clearance Officer. DATE AND TIME: Wednesday, September information collections are best assured 7th, 2005 1–4 p.m. of having their full effect if received [FR Doc. 05–17640 Filed 9–2–05; 8:45 am] within 30 days of this notification. BILLING CODE 3410–11–P PLACE: Cohen Building, Room 3321, 330 Copies of the submission(s) may be Independence Ave., SW., Washington, obtained by calling (202) 720–8681. DC 20237. An agency may not conduct or DEPARTMENT OF AGRICULTURE CLOSED MEETING: The members of the sponsor a collection of information Forest Service Broadcasting Board of Governors (BBG) unless the collection of information will meet in closed session to review displays a currently valid OMB control False Island Timber Sale(s), Sitka and discuss a number of issues relating number and the agency informs Ranger District, Tongass National to U.S. Government-funded non- potential persons who are to respond to Forest military international broadcasting. the collection of information that such They will address internal procedural, persons are not required to respond to AGENCY: Forest Service, USDA. budgetary, and personnel issues, as well

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as sensitive procedural, budgetary, and To ensure that the Commission Dated at Washington, DC, August 29, 2005. personnel issues, as well as sensitive secures an appropriate number of lines Ivy Davis, foreign policy issues relating to for the public, persons are asked to Acting Chief, Regional Programs potential options in the U.S. register by contacting Constance M. Coordination Unit. international broadcasting field. This Davis, Regional Director of the [FR Doc. 05–17619 Filed 9–2–05; 8:45 am] meeting is closed because if open it Midwestern Regional Office, U.S. BILLING CODE 6335–01–P likely would either disclose matters that Commission on Civil Rights at (312) would be properly classified to be kept 353–8311, (TDD 312–353–8362), by 4 secret in the interest of foreign policy p.m. on Wednesday, September 14, DEPARTMENT OF COMMERCE under the appropriate executive order (5 2005. U.S.C. 552b.(c)(1)) or would disclose The meeting will be conducted Submission for OMB Review; information the premature disclosure of pursuant to the provisions of the rules Comment Request which would be likely to significantly and regulations of the Commission. The Department of Commerce has frustrate implementation of a proposed Dated at Washington, DC, August 25, 2005. submitted to the Office of Management agency action. (5 U.S.C. 552b.(c)(9)(B)) Ivy L. Davis, and Budget (OMB) for clearance the In addition, part of the discussion will Acting Chief, Regional Programs following proposal for collection of relate solely to the internal personnel Coordination Unit. information under the provisions of the and organizational issues of the BBG or [FR Doc. 05–17620 Filed 9–2–05; 8:45 am] Paperwork Reduction Act (44 U.S.C. the International Broadcasting Bureau. BILLING CODE 6335–01–P Chapter 35). (5 U.S.C. 552b.(c)(2) and (6)) Agency: National Oceanic and CONTACT PERSON FOR MORE INFORMATION: Atmospheric Administration (NOAA). Persons interested in obtaining more COMMISSION ON CIVIL RIGHTS Title: Pacific Islands Region Seabird- information should contact either Fisheries Side-setting Survey. Brenda Hardnett or Carol Booker at Agenda and Notice of Public Meeting Form Number(s): None. (202) 203–4545. of the South Carolina Advisory OMB Approval Number: None. Committee Type of Request: Regular submission. Dated: August 29, 2005. Burden Hours: 12. Carol Booker, Notice is hereby given, pursuant to Number of Respondents: 24. Legal Counsel the provisions of the rules and Average Hours Per Response: 30 [FR Doc. 05–17748 Filed 9–1–05; 3:46 pm] regulations of the U.S. Commission on minutes. Civil Rights, that a conference call of the BILLING CODE 8230–01–M Needs and Uses: The Western Pacific South Carolina Advisory Committee Fishery Management Council is will convene at 2 p.m. (e.s.t.) and proposing mitigation measures to adjourn at 3:30 a.m. (e.s.t.) on Thursday, reduce interactions between seabirds COMMISSION ON CIVIL RIGHTS September 22, 2005. The purpose of the and the Hawaii-based pelagic longline meeting is to discuss the Committee’s fishery, by requiring longline vessel Agenda and Notice of Public Meeting work on its project, Unitary Status of operators to use either side-setting of the Ohio Advisory Committee School Districts in South Carolina. (setting the longline fishing gear from This conference call is available to the the side of the vessel rather than the Notice is hereby given, pursuant to public through the following call-in stern) or the current suite of seabird the provisions of the rules and number: 800–473–7795, conference mitigation measures, plus tori lines. regulations of the U.S. Commission on contact name Peter Minarik. Any Although side-setting shows to be the Civil Rights that a conference call of the interested member of the public may most promising mitigation technique in Ohio Advisory Committee will convene call this number and listen to the terms of effectiveness, additional at 1 p.m. and adjourn at 3 p.m., Friday, meeting. Callers can expect to incur information is needed. September 16, 2005. The purpose of the charges for calls not initiated using the Vessel operators currently voluntarily conference call is to provide orientation supplied call-in number or over wireless side-setting will be asked to provide to new members, approve the report lines and the Commission will not data on the operational benefits of side- ‘‘Hate Crime in Ohio Revisited,’’ and refund any incurred charges. Callers setting as well as the effectiveness of plan future activities. will incur no charge for calls using the side-setting as a seabird deterrent. This This conference call is available to the call-in number over land-line collection of information is intended to public through the following call-in connections. Persons with hearing provide NMFS with information as to number: 1–800–473–7796, contact impairments may also follow the the cost, availability of equipment, and name: Lynwood Battle. Any interested proceedings by first calling the Federal operational use of equipment, required member of the public may call this Relay Service at 1–800–977–8339 and for side-setting. This information will be number and listen to the meeting. providing the Service with the used to determine whether it is feasible Callers can expect to incur charges for conference call number and contact and cost effective for Hawaii longline calls not initiated using the supplied name, Peter Minarik. vessels to convert to side setting, and to call-in number or over wireless lines To ensure that the Commission formulate specifications for vessels side- and the Commission will not refund any secures an appropriate number of lines setting. incurred charges. Callers will incur no for the public, persons are asked to Affected Public: Business or other for- charge for calls using the call-in number register by contacting Peter Minarik, profit organizations; individuals or over land-line connections. Persons Regional Director, Southern Regional households. with hearing impairments may also Office, (404) 562–7000 (TDD/TTY 404– Frequency: One time only. follow the proceedings by first calling 562–7004), by Tuesday, September 20, Respondent’s Obligation: Voluntary. the Federal Relay Service at 1–800–977– 2005. OMB Desk Officer: David Rostker, 8339 and providing the Service with the The meeting will be conducted (202) 395–3897. conference call number and contact pursuant to the provisions of the rules Copies of the above information name. and regulations of the Commission. collection proposal can be obtained by

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calling or writing Diana Hynek, Departmental Paperwork Clearance survey. The quarterly survey was Departmental Paperwork Clearance Officer, (202) 482–0266, Department of initiated by the Census Bureau in 1968 Officer, (202) 482–0266, Department of Commerce, Room 6625, 14th and at the request of both the Council of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, Economic Advisers and the Federal Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at Reserve Board. It gathers data on the DC 20230 (or via the Internet at [email protected]). assets of the 100 largest state and local [email protected]). Written comments and government public-employee retirement Written comments and recommendations for the proposed systems. These systems hold over $2 recommendations for the proposed information collection should be sent trillion in assets, which represent information collection should be sent within 30 days of publication of this approximately 90 percent of all state within 30 days of publication of this notice to Jacqueline Zeiher, OMB Desk and local government public-employee notice to David Rostker, OMB Desk Officer, FAX number (202) 395–5806, or retirement system assets. Officer, FAX number (202) 395–7285, or [email protected]. These important data are used by the _ David [email protected]. Dated: August 30, 2005. Federal Reserve Board to track the Dated: August 30, 2005. Gwellnar Banks, public sector portion of the flow of funds accounts. The Bureau of Gwellnar Banks, Management Analyst, Office of the Chief Economic Analysis uses the data on Management Analyst, Office of the Chief Information Officer. corporate stock holdings to estimate Information Officer. [FR Doc. 05–17577 Filed 9–2–05; 8:45 am] dividends received by state and local [FR Doc. 05–17576 Filed 9–2–05; 8:45 am] BILLING CODE 3510–13–P government public-employee retirement BILLING CODE 3510–22–P systems. These estimates, in turn are DEPARTMENT OF COMMERCE used as a component in developing the DEPARTMENT OF COMMERCE national income and product accounts. Census Bureau II. Method of Collection Submission for OMB Review; Comment Request Quarterly Survey of the Finances of Canvass methodology consists of a Public-Employee Retirement Systems mail out/mail back questionnaire. The Department of Commerce has Responses are screened manually, then submitted to the Office of Management ACTION: Proposed collection; comment put into an electronic format. No and Budget (OMB) for clearance the request. statistical methods are used to calculate following proposal for collection of the data. SUMMARY: information under the provisions of the The Department of Respondents may choose to report Paperwork Reduction Act (44 U.S.C. Commerce, as part of its continuing their data over our Internet site. In Chapter 35). effort to reduce paperwork and addition to reporting current quarter Agency: National Institute of respondent burden, invites the general data on the Internet, respondents may Standards and Technology (NIST). public and other Federal agencies to report for the first time for the previous Title: National Voluntary Conformity take this opportunity to comment on two quarters or submit revisions to their Assessment System Evaluation proposed and/or continuing information previously submitted data if needed. (NVCASE) Program. collections, as required by the In those instances when we are not Form Number(s): None. Paperwork Reduction Act of 1995, able to obtain a response, estimates are OMB Approval Number: 0693–0019. Public Law 104–13 (44 U.S.C. made for nonrespondents based on Type of Request: Regular submission. 3506(c)(2)(A)). historical data for that same system. Burden Hours: 30. DATES: Written comments must be III. Data Number of Respondents: 10. submitted on or before November 7, Average Hours Per Response: 3. 2005. OMB Number: 0607–0143. Needs and Uses: This information is Form Number: F–10. ADDRESSES: Direct all written comments required by NIST to evaluate Type of Review: Regular. to Diana Hynek, Departmental laboratories, certification bodies, quality Affected Public: State and local Paperwork Clearance Officer, system registrars, and accreditation government retirement systems. Department of Commerce, Room 6625, entities that apply for recognition to Estimated Number of Respondents: 14th and Constitution Avenue, NW., provide services to U.S. manufacturers. 100. Washington, DC 20230 (or via the The information collected is essential to Estimated Time Per Response: 45 Internet at [email protected]). enable NIST to thoroughly evaluate minutes. applicant’s conformance with all the FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden requirements of 15 CFR part 286. The Requests for additional information or Hours: 300. manufacturers’ products must satisfy copies of the information collection Estimated Total Annual Cost: $5,934. mandatory regulations of the importing instrument(s) and instructions should Note.—Based upon the average hourly pay country prior to import. be directed to Ellen Thompson, Chief, of $19.78 for full-time employment for the Affected Public: Business or other for- Employment Branch, Governments financial administration function for state profit organizations; not-for-profit Division, U.S. Census Bureau, 4700 government employees in the 2004 Survey of institutions. Silver Hill Road, Stop 6800, State and Local Government Employment. Frequency: Annually. Washington, DC 20233–6800, (301–763– Respondent’s Obligation: Voluntary. Respondent’s Obligation: Required to 1531) (or via the Internet at Legal Authority: Title 13 U.S.C., obtain or retain benefits. [email protected]). Section 182. OMB Desk Officer: David Rostker, SUPPLEMENTARY INFORMATION (202) 395–3897. IV. Request for Comments Copies of the above information I. Abstract Comments are invited on: (a) Whether collection proposal can be obtained by The Census Bureau plans to request the proposed collection of information calling or writing Diana Hynek, an extension for the quarterly retirement is necessary for the proper performance

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of the functions of the agency, including I. Abstract Estimated Number of Respondents: whether the information shall have The Census Bureau plans to conduct 75,000. practical utility; (b) the accuracy of the a Precanvass Operation in preparation Estimated Time Per Response: 5 agency’s estimate of the burden for the 2007 Commodity Flow Survey to minutes. (including hours and cost) of the improve the efficiency and accuracy of Estimated Total Annual Burden proposed collection of information; (c) the sample frame. The Commodity Flow Hours: 6,250. ways to enhance the quality, utility, and Survey itself will be the subject of a Estimated Total Annual Cost: clarity of the information to be later notice planned for publication in $200,000. collected; and (d) ways to minimize the early 2006. Respondent’s Obligation: Mandatory. burden of the collection of information The Commodity Flow Survey, a Legal Authority: Title 13, U.S.C. 131. on respondents, including through the component of the Economic Census, is IV. Request for Comments use of automated collection techniques the only comprehensive source of multi- or other forms of information modal, system-wide data on the volume Comments are invited on: (a) Whether technology. and pattern of goods movement in the the proposed collection of information Comments submitted in response to United States. The Commodity Flow is necessary for the proper performance this notice will be summarized and/or Survey is conducted in partnership with of the functions of the agency, including included in the request for OMB the Bureau of Transportation Statistics, whether the information shall have approval of this information collection; U.S. Department of Transportation. practical utility; (b) the accuracy of the they also will become a matter of public In conducting the Precanvass, the agency’s estimate of the burden record. Census Bureau will mail a one-page (including hours and cost) of the Dated: August 30, 2005. questionnaire to selected proposed collection of information; (c) Madeleine Clayton, manufacturing, mining, and wholesale ways to enhance the quality, utility, and establishments, and to enterprise Management Analyst, Office of the Chief clarity of the information to be Information Officer. support establishments in its Business collected; and (d) ways to minimize the Register. The precanvass will determine [FR Doc. 05–17574 Filed 9–2–05; 8:45 am] burden of the collection of information if these establishments are engaged in on respondents, including through the BILLING CODE 3510–07–P shipping activities, and if so obtain an use of automated collection techniques estimate of the annual value of those or other forms of information DEPARTMENT OF COMMERCE shipments, along with contact technology. information for the 2007 Commodity Comments submitted in response to Census Bureau Flow Survey. Those establishments that this notice will be summarized and/or do not ship will be eliminated from the included in the request for OMB Precanvass Operation for the 2007 sample frame. This will significantly approval of this information collection; Economic Census Covering improve the sample for the 2007 they also will become a matter of public Transportation of Commodities Commodity Flow Survey. Also, those record. establishments excluded from the Dated: August 30, 2005. ACTION: Proposed collection; comment sample frame will be saved the added request. burden of reporting in the Commodity Madeleine Clayton, Flow Survey. Management Analyst, Office of the Chief SUMMARY: The Department of Information Officer. Commerce, as part of its continuing II. Method of Collection [FR Doc. 05–17575 Filed 9–2–05; 8:45 am] effort to reduce paperwork and The Census Bureau will mail the BILLING CODE 3510–07–P respondent burden, invites the general Precanvass Questionnaire to (a) public and other Federal agencies to enterprise support establishments in the take this opportunity to comment on Census Bureau’s Business Register, and DEPARTMENT OF COMMERCE proposed and/or continuing information (b) the largest establishments in the collections, as required by the industries listed above that are likely to Bureau of Industry and Security Paperwork Reduction Act of 1995, be included in the 2007 Commodity Regulations and Procedures Technical Public Law 104–13 (44 U.S.C. Flow Survey. The estimated size of the 3506(c)(2)(A)). Advisory Committee; Notice of Precanvass mailing is 75,000 Partially Closed Meeting DATES: Written comments must be establishments. submitted on or before November 7, The Census Bureau will use a mail- The Regulations and Procedures 2005. out, mail-back methodology, with Technical Advisory Committee (RPTAC) ADDRESSES: Direct all written comments telephone follow-up for selected non- will meet September 13, 2005, 9 a.m., to Diana Hynek, Departmental response cases. General information on Room 3884, in the Herbert C. Hoover Paperwork Clearance Officer, shipping activity and value of Building, 14th Street between Department of Commerce, Room 6625, shipments will be collected via check Constitution and Pennsylvania 14th and Constitution Avenue, NW., box style questions. Contact information Avenues, NW., Washington, DC. The Washington, DC 20230 (or via the also will be collected and used to Committee advises the Office of the Internet at [email protected]). improve the mailing and follow-up Assistant Secretary for Export activities for the 2007 Commodity Flow FOR FURTHER INFORMATION CONTACT: Administration on implementation of Requests for additional information or Survey. the Export Administration Regulations copies of the information collection III. Data (EAR) and provides for continuing review to update the EAR as needed. instrument(s) and instructions should OMB Number: Not Available. be directed to John Fowler, Census Form Number: CFS–0001. Agenda Bureau, Room G–023–Building 3, Type of Review: Regular review. Washington, DC 20233. Affected Public: Businesses and other Public Session SUPPLEMENTARY INFORMATION: for-profit organizations. 1. Opening remarks by the Chairman

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2. Presentation of papers or comments DEPARTMENT OF COMMERCE unfinished (including green tubes and by the Public limited service OCTG products). 3. Regulations update International Trade Administration This scope does not cover casing or tubing pipe containing 10.5 percent or 4. Wassenaar Statement of [A–357–810] more of chromium. Drill pipe was Understanding on Military End-uses Notice of Final Rescission of excluded from this order beginning 5. Update on Missile Technology August 11, 2001. See Continuation of controls Antidumping Duty Administrative Review; Oil Country Tubular Goods, Countervailing and Antidumping Duty 6. Country policy update: India Other Than Drill Pipe, from Argentina Orders on Oil Country Tubular Goods 7. Country policy updates: Libya, Iraq From Argentina, Italy, Japan, Korea and 8. Update on Country Group revision AGENCY: Import Administration, Mexico, and Partial Revocation of Those project International Trade Administration, Orders From Argentina and Mexico 9. Update on proposed rule on deemed Department of Commerce. With Respect to Drill Pipe, 66 FR 38630 export related regulatory requirements SUMMARY: On July 12, 2005, the (July 25, 2001). The OCTG subject to this order are (RIN 0694–AD29) Department of Commerce (the Department) published the preliminary currently classified in the Harmonized 10. Update on Automated Export rescission of antidumping Tariff Schedule of the United States System administrative review on oil country (HTSUS) under item numbers: 11. Export Enforcement update tubular goods, other than drill pipe, 7304.29.10.10, 7304.29.10.20, 12. Update on De Minimis controls from Argentina. The review covers one 7304.29.10.30, 7304.29.10.40, 13. Update on Encryption controls manufacturer/exporter, Siderca S.A.I.C. 7304.29.10.50, 7304.29.10.60, 14. Working group reports (Siderca). The period of review is 7304.29.10.80, 7304.29.20.10, August 1, 2003, through July 31, 2004. 7304.29.20.20, 7304.29.20.30, Closed Session We gave interested parties an 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 15. Discussion of matters determined opportunity to comment on our preliminary rescission. We received no 7304.29.30.10, 7304.29.30.20, to be exempt from the provisions 7304.29.30.30, 7304.29.30.40, relating to public meetings found in 5 comments. Therefore, we are rescinding this administrative review. 7304.29.30.50, 7304.29.30.60, U.S.C. app. 2 §§ 10(a)(1) and 10a(3). 7304.29.30.80, 7304.29.40.10, EFFECTIVE DATE: September 6, 2005. A limited number of seats will be 7304.29.40.20, 7304.29.40.30, available for the public session. FOR FURTHER INFORMATION CONTACT: Fred 7304.29.40.40, 7304.29.40.50, Reservations are not accepted. To the Baker or Robert James, AD/CVD 7304.29.40.60, 7304.29.40.80, extent that time permits, members of the Operations, Office 7, Import 7304.29.50.15, 7304.29.50.30, public may present oral statements to Administration, International Trade 7304.29.50.45, 7304.29.50.60, the Committee. The public may submit Administration, U.S. Department of 7304.29.50.75, 7304.29.60.15, written statements at any time before or Commerce, 14th Street and Constitution 7304.29.60.30, 7304.29.60.45, after the meeting. However, to facilitate Avenue, NW., Washington, DC 20230; 7304.29.60.60, 7304.29.60.75, the distribution of public presentation telephone (202) 482–2924 and (202) 7305.20.20.00, 7305.20.40.00, materials to the Committee members, 482–0649, respectively. 7305.20.60.00, 7305.20.80.00, the Committee suggests that presenters SUPPLEMENTARY INFORMATION: 7306.20.10.30, 7306.20.10.90, forward the public presentation 7306.20.20.00, 7306.20.30.00, Background materials prior to the meeting to Ms. 7306.20.40.00, 7306.20.60.10, Yvette Springer at On July 12, 2005, the Department 7306.20.60.50, 7306.20.80.10, and [email protected] published its preliminary rescission of 7306.20.80.50. The Assistant Secretary for antidumping duty administrative review The HTSUS subheadings are provided Administration, with the concurrence of of oil country tubular goods, other than for convenience and customs purposes. the delegate of t he General Counsel, drill pipe, from Argentina. See Notice of Our written description of the scope of formally determined on August 16, Preliminary Rescission of Antidumping this order is dispositive. Duty Administrative Review; Oil 2005, pursuant to Section 10(d) of the Rescission of Review Federal Advisory Committee Act, as Country Tubular Goods, Other Than amended (5 U.S.C. app. 2 §§ (10)(d)), Drill Pipe, from Argentina, 70 FR 39995 On October 18, 2004, Siderca that the portion of the meeting dealing (July 12, 2005). We gave interested informed the Department that it did not with matters the disclosure of which parties an opportunity to comment. No ship OCTG to the United States during would be likely to frustrate significantly party submitted comments. the POR, and requested rescission of the administrative review. On April 19, implementation of an agency action as Period of Review described in 5 U.S.C. 552b(c)(9)(B) shall 2005, the Department issued a be exempt from the provisions relating The period of review (POR) is August supplemental questionnaire to Siderca. to public meetings found in 5 U.S.C. 1, 2003, through July 31, 2004. The Department attached to it a list of shipments of OCTG from Argentina that app. 2 §§ 10(a)1 and 10(a)(3). The Scope of the Review remaining portions of the meeting will entered the United States during the be open to the public. For more Oil country tubular goods (OCTG) are POR that the Department had reason to information, call Yvette Springer at hollow steel products of circular cross- believe had been manufactured by (202) 482–4814. section, including oil well casing and Siderca or its affiliates. We obtained this tubing of iron (other than cast iron) or list from the U.S. Customs and Border Dated: August 30, 2005 steel (both carbon and alloy), whether Protection (CBP) by doing a CBP Yvette Springer, seamless or welded, whether or not automated commercial service (ACS) Committee Liaison Officer. conforming to American Petroleum data query. Siderca submitted its [FR Doc. 05–17580 Filed 9–2–05; 8:45 am] Institute (API) or non–API response on April 22, 2005. Siderca BILLING CODE 3510–JT–M specifications, whether finished or explained that it did not sell to the

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importer identified on the list of entries Background preliminary results in an antidumping that we had attached to the April 19, The Department of Commerce (‘‘the administrative review of an 2005, supplemental questionnaire. The Department’’) published an antidumping duty order within 245 Department subsequently requested, antidumping duty order on polyvinyl days after the last day of the anniversary and received from Customs, alcohol (‘‘PVA’’) from the People’s month of the date of publication of the documentation regarding certain of Republic of China (‘‘PRC’’) on October order. those entries. We placed these 1, 2003. See Antidumping Duty Order: The Act further provides, however, documents on the record of this review Polyvinyl Alcohol from the People’s that the Department may extend the on June 22, 2005, and gave parties an Republic of China, 68 FR 56620 deadline for completion of the opportunity to comment. We received (October 1, 2003). On October 29, 2004, preliminary results of review from 245 no comments. Based upon Siderca’s the petitioners1 requested that the days to 365 days if it determines that it explanation and the evidence on the Department conduct an antidumping is not practicable to complete the record, we are satisfied that Siderca did duty administrative review of Sinopec preliminary results within the 245-day not make any consumption entries, Sichuan Vinylon Works. period. Completion of the preliminary exports, or sales of subject merchandise On November 19, 2004, the results of this review within the 245-day during the POR. Department published in the Federal period is not practicable because the Department needs additional time to Pursuant to 19 CFR 351.213(d)(3), the Register a notice of the initiation of the research and analyze a significant Department may rescind an antidumping duty administrative review amount of information pertaining to the administrative review, in whole or with of PVA from the PRC for the period March 20, 2003, through September 30, respondent company’s large number of respect to a particular exporter or factors of production, surrogate values, producer, if the Secretary concludes 2004. See Initiation of Antidumping and Countervailing Duty Administrative and to evaluate certain issues raised by that, during the period covered by the the petitioners and the respondent review, there were no entries, exports, Reviews, 69 FR 67701 (November 19, 2004).2 On June 23, 2005, the company. or sales of the subject merchandise. Because it is not practicable to Because the evidence shows that there Department published in the Federal Register a notice extending the time complete this review within the time were no entries of OCTG made by specified under the Act, we are Siderca during the POR, the Department limit for the preliminary results of the administrative review from July 3, 2005, extending the time period for issuing is rescinding this review in accordance the preliminary results of review by an with 19 CFR 351.213(d)(3). to August 2, 2005. See Extension of Time Limit for the Preliminary Results additional 45 days until October 31, We are issuing and publishing this of the Antidumping Duty Administrative 2005, in accordance with section notice in accordance with sections Review: Polyvinyl Alcohol from the 751(a)(3)(A) of the Act. The final results 751(a)(1) of the Tariff Act and 19 CFR People’s Republic of China, 70 FR 36375 continue to be due 120 days after the 351.213(d)(4). (June 23, 2005). On July 22, 2005, the publication of the preliminary results. Dated: August 30, 2005. Department published in the Federal Dated: August 30, 2005. Joseph A. Spetrini, Register a notice extending the time Barbara E. Tillman, Acting Assistant Secretary for Import limit for the preliminary results of the Acting Deputy Assistant Secretary for Import Administration. administrative review from August 2, Administration. [FR Doc. E5–4843 Filed 9–2–05; 8:45 am] 2005, to September 16, 2005. See [FR Doc. E5–4844 Filed 9–2–05; 8:45 am] BILLING CODE 3510–DS–S Extension of Time Limit for the BILLING CODE 3510–DS–S Preliminary Results of the Antidumping Duty Administrative Review: Polyvinyl DEPARTMENT OF COMMERCE Alcohol from the People’s Republic of DEPARTMENT OF COMMERCE China, 70 FR 42309 (July 22, 2005). The International Trade Administration preliminary results of review are National Oceanic and Atmospheric currently due no later than September Administration [A–570–879] 16, 2005. [I.D. 080205A] Extension of Time Limit of Preliminary Extension of Time Limit for the Results Issuance of an Incidental Take Permit Preliminary Results of the (1528) Antidumping Duty Administrative Pursuant to section 751(a)(3)(A) of the Review: Polyvinyl Alcohol from the Tariff Act of 1930, as amended (‘‘the AGENCY: National Marine Fisheries People’s Republic of China Act’’), the Department shall issue Service (NMFS), National Oceanic and Atmospheric Administration, AGENCY: Import Administration, 1 Celanese, Ltd. and E.I. du Pont de Nemours & Commerce International Trade Administration, Co. (collectively ‘‘petitioners’’). ACTION: Notice of permit issuance. 2 We note that the beginning date (i.e., March 20, Department of Commerce. 2003) of the announced period of review (‘‘POR’’) SUMMARY: Notice is hereby given that was not correct. The Department inadvertently EFFECTIVE DATE: September 6, 2005. published an incorrect beginning date which was NMFS issued on August 26, 2005, an incidental take permit (Permit 1528) to FOR FURTHER INFORMATION CONTACT: Lilit the date of the preliminary determination of the investigation. Because the only respondent in this the North Carolina Division of Marine Astvatsatrian, AD/CVD Operations, proceeding had a de minimis rate in the preliminary Fisheries (NCDMF) pursuant to the Office 8, Import Administration, determination, the correct beginning date for the Endangered Species Act of 1973 (ESA), International Trade Administration, POR should have been the date of the final as amended. As required by the ESA, U.S. Department of Commerce, 14th determination in the investigation. Thus, the Department corrected the beginning date of the POR NCDMF’s Permit 1528 includes a Street and Constitution Avenue, NW., to reflect the correct POR which is August 11, 2003, conservation plan designed to minimize Washington, DC 20230; telephone: (202) through September 30, 2004. See Memorandum to and mitigate any such take of 482–6412. the File from Lilit Astvatsatrian, Case Analyst, through Robert Bolling, Program Manager, dated endangered or threatened species. SUPPLEMENTARY INFORMATION: May 9, 2005. Permit 1528 is for the incidental take of

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ESA-listed adult and juvenile sea turtles for flounder such that the impacts on negated by the loss of turtles through associated with otherwise lawful ESA-listed sea turtles will be the issuance of this permit. One commercial fall gill net fisheries for minimized. NCDMF would use a variety respondent cited other state’s flounder operating in Pamlico Sound, of adaptive fishery management prohibitions on gillnets and questioned NC. The duration of Permit 1528 is for measures and restrictions through their North Carolina’s management of sea 6 years. state proclamation authority to reduce turtle bycatch. ADDRESSES: The application, permit, lethal and non-lethal sea turtle Response. The annual anticipated and related documents are available in incidental capture. lethal and nonlethal incidental take of the following office by appointment: Specific measures to be implemented sea turtles has been 100 and 320, Marine Mammal and Turtle Division, each year include: (1) tending for respectively, and represented the upper Office of Protected Resources, NMFS, gillnets less than 5–inch (12.7–cm) 95–percent confidence limit in the 1315 East-West Highway, Silver Spring, stretched mesh from September 1 estimates derived from the at-sea MD 20910. through October 31; (2) prohibiting observer program conducted from 1999 The application and permit are also gillnets ≥5 -inch ≥12.7–cm) stretched through 2001. Thus, the take level was available for download athttp:// mesh in areas adjacent to Ocracoke, a worse-case scenario and did not www.nmfs.noaa.gov/protlres/PR3/ Hatteras, and Oregon Inlets from necessarily represent what occurred Permits/ESAPermit.html. September 1 through December 15 each year. Based on the point estimate, FOR FURTHER INFORMATION CONTACT: (note: Although the restrictions take each year has been much lower Therese Conant (ph. 301–713–1401, fax specified in Permit 1528 apply through than what was anticipated in the 301–427–2522, e-mail December 15 each year, NCDMF is previous permit: 2001 = 16 lethal and 46 [email protected]; Dennis closing the entire shallow water nonlethal; 2002 = 8 lethal and 162 Klemm (ph. 727–824–5312, fax 727– flounder fishery on December 1 each nonlethal; 2003 = 15 lethal and 19 year to prevent overfishing): (3) nonlethal; and 2004 = 26 lethal and 40 824–5309, e-mail restricting the maximum net length per nonlethal. Indeed, analyses of the data [email protected]). fishing operation to 2,000 yards (1,828 collected in more recent years indicate SUPPLEMENTARY INFORMATION: Issuance m); (4) requiring NCDMF-issued permits take levels are at least 43 percent lower of permits and permit modifications, as for active fishing operations employing than previously estimated. Based on the required by the ESA (16 U.S.C. 1531– large mesh gillnets in restricted areas new data, NMFS anticipates the new 1543), is based on a finding that such between September 1 and December 15; take level for Permit 1528 to be 65 lethal permits/modifications: (1) are applied (5) requiring reporting, safe-handling, and 185 nonlethal. This take level is for in good faith; (2) would not operate and resuscitation for sea turtles caught based on the upper 95 percent to the disadvantage of the listed species incidental to fishing; and (6) monitoring confidence limit of the estimate for 2002 which are the subject of the permits; gear interactions in large and small which represented the worst year for and (3) are consistent with the purposes mesh gillnets through a mandatory estimated take. NMFS analyzes the and policies set forth in section 2 of the observer program as well as through highest impact to the protected species ESA. Incidental take permits are issued reports from fishermen and NCDMF (see response to Comment 14), but, as under section 10(a)(1)(B) of the ESA. Marine Patrol. stated earlier, it is more likely that the Authority to take listed species is annual take level will be much lower Comments subject to conditions set forth in the than the level specified in Permit 1528. permits. NMFS regulations governing NMFS published a notice of NCDMF will monitor its activities on a permits for threatened and endangered availability on April 1, 2005 (70 FR weekly basis, and should take levels species are promulgated at 50 CFR 16803), and requested comments on the exceed those specified in the permit, 222.307. NCDMF application. NMFS received NCDMF will, in concurrence with comments from the States of North NMFS, take necessary action to ensure Species and Geographic Area Covered Carolina, South Carolina, Georgia, and no further takes occur. The following species are included in Florida, as well as comments from 4 NMFS has determined that each sea Permit 1528 conservation plan: non-governmental organizations. turtle species has the capacity to replace Loggerhead (Caretta caretta), green NMFS received eight comment letters the lethal take levels specified in Permit (Chelonia mydas), leatherback from individual citizens, of which seven 1528 without jeopardizing the (Dermochelys coriacea), hawksbill were from communities located on the continued existence of each species. A (Eretmochelys imbricata), and Kemp’s North Carolina coast. After the comment prerequisite to issuing the permit is that ridley (Lepidochelys kempii) sea turtles. period closed, NMFS received a petition NMFS must consult under ESA section The conservation plan includes with nearly 1,800 signatures recognizing 7 to determine whether the permitted managing the shallow water large and that the ocean, sounds, and estuaries activities would jeopardize the small mesh gill net fisheries operating belong to all citizens and protesting the continued existence of the listed sea from September through mid-December issuance of the permit to allow lethal turtles. NMFS considered the status and in areas adjacent to the Outer Banks and take of 100 sea turtles each year. NMFS trends of the sea turtle populations along the western shore of the also received over 1,300 e-mails affected by the southern flounder continental mainland in Pamlico Sound. protesting the permit’s issuance. fishery. The analysis included all Seven gill net restricted areas (GNRAs) Comment 1: All individual citizens, factors, including conservation efforts, will be designated for the eastern as well as the petition signers, were that have led to the species status. Pamlico Sound and one GNRA in the concerned about the take levels NMFS concluded in its section 7 western Pamlico Sound along the identified in the application and were consultation that the permit would not mainland in Hyde and Pamlico opposed to issuing the permit. Several jeopardize the continued existence of Counties. respondents raised the concern that the sea turtles by appreciably reducing the benefits of ongoing conservation efforts likelihood of both the survival and Conservation Plan on the nesting beaches to protect eggs as recovery of these species. Further, Permit 1528 includes measures to well as efforts to rehabilitate and release NMFS has determined that NCDMF limit the commercial fall gill net fishery injured or diseased turtles would be Permit 1528 meets the issuance criteria

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at 50 CFR 222.307(c) in that the Comment 3: Additional research NCDMF anticipates that actual southern flounder fishery is a legal should focus on gear modifications (e.g., percent coverage may be higher than the operation, the ’take’ is incidental to the reduced mesh size) or changes to fishing 2–percent coverage goal for the first two legal activity, and the NCDMF has practices (e.g., more frequent net- and last four weeks of the season. developed and implemented a tending) to determine methods to Should an interaction occur during conservation plan that reduces and further reduce lethal take in the these times, NCDMF will increase minimizes the impacts of the take. southern flounder fishery monitoring in the area in order to NCDMF Permit 1528 proscribes specific Response. The goal of NCDMF Permit characterize and identify potential ’hot measures to reduce sea turtle incidental 1528 is to reduce sea turtle take levels spots’ for turtle interactions. This also take in the southern flounder fishery by 50 percent from the level recorded in facilitates the ability to implement and provides specific monitoring and 1999. In tandem with the deepwater management alternatives, such as partial evaluation measures. closure, this goal has been realized each area closures, in a timely manner. NMFS recognizes that several states year, and take levels have remained well Concerning the mainland side of have prohibited gillnets to prevent below authorized thresholds for the last Pamlico Sound, elimination of the interactions with sea turtles. In 2002, three years. The majority (70 percent) of permit requirement is warranted due to NMFS closed Pamlico Sound to fishing all interactions have been with live the lack of observed turtle interactions with large mesh gillnets from September individuals that have been subsequently and reduced effort in this area. While 1 through December 15 in order to sampled, and released in good condition fishermen in this area will not need a protect sea turtles. NMFS subsequently at or near inlets. NCDMF Permit 1528 permit, all other stipulations will issued NCDMF a permit to allow the stipulates measures to reduce remain: maximum yardage limit, more traditional shallow water fishery interactions including yardage limits, mandatory observer coverage, fishing to operate in the closed area. This attendance requirements on small mesh, within 200 yards (0.18 km) of shore only earlier permit, as well as NCDMF Permit and area closures. NCDMF Permit 1528 (shallow water), and proper sea turtle 1528, includes closures around the inlet also provides for adaptive management reporting, handling, and resuscitation areas where sea turtle interactions were should data and events indicate that protocols. Reporting requirements will be documented to be more frequent. The additional changes to management are limited to active fishermen as opposed deepwater closure along with the necessary to reduce lethal take. NCDMF to requiring all permitted fishermen to management measures identified in the is currently focusing research on report. This will eliminate the staff NCDMF permits have greatly reduced modifications to gillnets in the hours generated in the past in tracking sea turtle interactions in the southern deepwater fishery. However, NCDMF fishermen down only to find out they flounder gillnet fishery. As stated will consider testing modifications to have not fished. For example, in 2004, earlier, NCDMF will closely monitor the the shallow water fishery to reduce fishery to ensure that sea turtle a total of 153 permits were issued from lethal take of sea turtles, while interactions do not exceed those September 1 December 15. The highest maintaining a viable target catch, should anticipated in the permit. number of active participants in any Comment 2: The 6–year permit funds become available. Additional week was 61, which occurred during the duration was a concern for several testing would be done through a fourth week of the season. Prior to, and commenters. They felt the long duration modification of Permit 1528 or through after that, the mean number of period would hinder timely changes to a separate permit. participants each week was 47 and 36, management and weaken evaluation of Comment 4: Only one adaptive respectively. Therefore, the elimination management measures. They also management measure should be of non-active reporting requirements wanted assurances that the management implemented at any one time. Should will decrease the amount of resources program would be evaluated annually sea turtle mortality rates increase, that NCDMF expends, and the added and adjusted accordingly. NCDMF must be able to determine burden to the industry. Response. Although Permit 1528 is for which measures may have caused the NCDMF Permit 1528 includes a 6–year period, it must be renewed on increase. Adaptive Management Protocols which an annual basis. Renewal of this permit Response. Management changes from describe the decision process that will is not automatic. Yearly evaluation of previous permits specified in the new be undertaken to facilitate timely this permit by NMFS will include re- NCDMF Permit 1528 include shifting (within 48hrs by State proclamation) analyses of all data. Data include at-sea observer effort to better direct resources response to potential problems. This monitoring, NC Trip Ticket Program, to time and areas with increased fishing will allow for weekly, monthly, and fish house checks, enforcement, effort and where turtle interactions are annual changes to be made in the strandings and other relevant known to occur. Specifically, there will management program to protect and information. The permit requires be a goal of 2 percent observer coverage conserve sea turtles while maintaining weekly, monthly, and yearly reporting. for the first two weeks and the last four an economically viable fishery. This requirement is unchanged from the weeks of the season, while maintaining NCDMF also intends to establish a previous 3–year permit issued to a goal of 10 percent during the rest of state closure on top of the NMFS closure NCDMF. Based on the ongoing reports, the season. Second, fishermen along the throughout the Pamlico Sound from weekly, monthly and yearly evaluations, mainland side of Pamlico Sound will December 1 - December 15. This will NMFS and NCDMF will make adaptive not be required to obtain a permit. allow increased enforcement management (see Permit 1528 IV.A.10. Finally, only active fishermen need to capabilities. NCDMF will conduct Adaptive Management Protocols) report each week. These management weekly boat patrols, spot checks, and changes to ensure conservation of sea shifts are designed to better direct flight surveys. NCDMF anticipates a turtles. Should a potential problem resources where most necessary for the minimum of 30 boat patrols, 15 spot occur, the Adaptive Management continued protection of sea turtle checks and 10 aerial surveys, depending Protocols establish a decision making populations and will be expedited on weather. NCDMF observers will also process for changing management based through adaptive management and conduct weekly fish house visits to on ongoing events and evaluation of increased enforcement capabilities as obtain names, numbers and landings data collected. described below. information that can be cross referenced

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to weekly standardized reporting forms catches. The technology from this degree of bias in the estimates. Although from the commercial fishing industry, research will offer fishery managers the we agree that increasing coverage will enforcement patrols, and the trip ticket knowledge to discuss the potential use result in better estimates, NCDMF’s database. of this gear in the deep-water region of resources are finite and the 10 percent The changes to management and Pamlico Sound, as well as the potential coverage has been sufficient to ensure monitoring measures are designed to use of this gear in other fisheries monitoring and evaluating sea turtle increase compliance and ensure that the throughout the Atlantic States. NCDMF interactions in the Pamlico Sound management changes remain effective in will continue working with the shallow water gillnet fishery. NCDMF protecting and conserving sea turtles. commercial fishing industries to will also redirect observer coverage The additional monitoring through fish identify fishing gear that is more when and where needed through the house checks, increased enforcement, efficient and decreases bycatch. Adaptive Management Protocols and at-sea observer coverage in areas of Comment 7: The conservation plan established in Permit 1528. concern, provide adequate monitoring states that if takes exceed the threshold, Comment 10: Observer coverage to ensure that NCDMF can evaluate a NCDMF will selectively close fisheries should be maintained at 10 percent suite of changes to management rather to reduce interactions between sea during September 1–15 and in than implementing each change turtles and commercial fishing gear. November because of annual variability individually. These changes are However, if take is exceeded, all gillnet and the possibility of a clumped anticipated to enhance, not decrease, fisheries must be closed. distribution of turtles. NCDMF’s ability to respond to and Response: NMFS will maintain the Response: While a minimum goal of evaluate increases in sea turtle mortality provisions of previous permits in that if 2–percent coverage will be established rates as a result of the Pamlico Sound estimated or observed sea turtle during these times, if a sea turtle shallow water gillnet fishery. interactions or mortalities under the interaction is observed or reported, the Comment 5: A commenter requested permit exceed thresholds within the coverage will increase significantly. that each gillnet set should be reduced, GNRAs specified in the permit, NCDMF Monitoring efforts have always been at a minimum, to 1,000 yards (914.4 m). must immediately close the GNRA to increased when sea turtle interactions They estimated that, currently, nearly fishing with gillnets. NCDMF must then occur to accurately characterize 150 miles (241.4 km) of net would be in analyze the available observer data and interactions and identify potential the water each day during a 3–month consult with NMFS to determine the ‘‘hotspots’’. Therefore, if sea turtle period in the fall. appropriate next steps. Response. NCDMF estimated Comment 8: Attendance should be interactions are reported (by the approximately 3.7 to 7.1 miles (5.9 to required of all gill nets to ensure that fishermen) or observed between 11.4 km) of net are in the water each day sea turtles are removed as soon as September 1 - September 15, and from September 1 through December 15. possible from the gear. November 1 November 30, increased Although fishermen are allowed to set Response: Attendance of large mesh monitoring will occur. Characterizing 2,000 yards (1.8 km), many deploy less gillnets during the fall months the fishery in this way has allowed net than the maximum allowed due to throughout Pamlico Sound could pose a NCDMF the opportunity to implement safety, weather, and equipment serious threat to commercial fishermen management alternatives (i.e., area considerations. However, some operating at that time. Prevailing wind closures) in a timely manner. fishermen rely on the maximum directions and speed, and subsequent Comment 11: At-sea observer allowable yardage to limit adverse shifting water currents throughout programs should not be supplanted by economic impacts. The existing Pamlico Sound during the fall can be self-reporting. management measures (e.g., closures unpredictable and changing in a short Response: Permit 1528 will not around the inlets, tending requirements) amount of time. Fishermen who use supplant at-sea monitoring with reports including the 2,000 yard (1.8 km) limit large mesh gillnets for southern from fishermen. Data have been on sets have been shown to be flounder deploy their gear typically in collected from both sources since the successful at reducing sea turtle the evenings and retrieve in the inception of the management program interactions. NCDMF and NMFS will mornings. Because this is a shallow- in 2000. To ensure proper coverage is continue to monitor the effectiveness of water fall fishery where nets are maintained and industry compliance the yard limits through the Adaptive generally soaked 12 hours or less, and continues, NCDMF will implement Management Protocols specified in waters are cooler, the mortality of increased enforcement efforts (see Permit 1528. finfish bycatch and protected species responses to Comments 2 and 4). Comment 6: The conservation plan bycatch is lower. The majority (70 Comment 12: Several commenters should include development of other percent) of all sea turtles observed were unclear on how compliance of ways to harvest flounder in Pamlico captured in this gear to date have been non-active fishermen will be monitored, Sound without the use of gill nets. alive, examined, and released. given fishermen are no longer required Response: The NCDMF gear Comment 9: NCDMF should increase to report during weeks they are not development program is committed to observer coverage to greater than 10 fishing. working with the commercial industry percent to ensure statistically valid Response: In previous years, only one- to develop better fishing gears that monitoring of endangered and half of permitted fishermen actually decrease finfish and protected species threatened sea turtles. fished, yet all were required to submit bycatch, while maintaining target Response: A goal of 10–percent weekly reports. Maintaining this catches. In the Pamlico Sound deep- observer coverage has been the protocol reporting requirement was costly and water region, there have been two since the inception of the first permit burdensome to NCDMF and to those experimental gillnet configurations issued in 2000. This coverage level has individuals who were not actively tested in 2002 and 2004, and a third and resulted in statistically valid bycatch fishing. Although Permit 1528 removes final project is scheduled for 2006. estimates for 2000 through 2004. The this requirement, NCDMF has These projects have tested gillnets relatively small area fished, number of developed a monitoring program that designed to reduce sea turtle vessels, access to vessels, and excellent will ensure compliance (see response to interactions, while maintaining flounder observer training program, limit the Comments 2 and 4).

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Comment 13: The application lacks Response: The 50–percent take lethal. The takes should include live or detail on how estimates are derived. reduction goal based on the 1999 levels lethal take. This information is important in order of strandings in the original permit was Response: As in previous permits, to assess the effectiveness of the a result of a lack of fishery data to Permit 1528 includes two hawksbills conservation plan. estimate the expected take levels from and two leatherbacks, observed, not Response: The sampling area has been the gillnet fishery. It was expected that extrapolated, live or dead. stratified by area and week for sea turtle the measures enacted would be Comment 17: NMFS must conduct an bycatch estimates. Observed point sufficient to result in a 50–percent ESA section 7 consultation which estimates are made each week for each reduction in strandings, which was accounts for baseline information and area. A stratified ratio method will be being used as a proxy for take in the cumulative impacts as specified under used to estimate the number of sea fishery because of a lack of observer 50 CFR 402.02. turtles caught per unit of fishing effort data. The results were as expected, and Response: As with previous permits, (fishing effort is measured by yards of strandings dropped below 50 percent of NMFS conducted a section 7 analysis gillnet multiplied by soak days reported 1999 levels. As a result of observer which assessed baseline information through logbooks). These observed takes coverage in the large-mesh Pamlico and considered cumulative effects and are extrapolated by the total reported Sound flounder gillnet fishery required concluded on August 19, 2005, that the effort each week in each area to obtain by the previous ESA section 10 permits, issuance of Permit 1528 would not an estimate. These weekly estimates are Permit 1528 is now established based on likely jeopardize the continued cumulative such that reaching the the expected take levels in the fishery as existence of listed sea turtles. See estimated threshold would result in calculated from observer and effort data. ADDRESSES for a copy of the biological revocation of Permit 1528. Using observer and effort data provides opinion. Comment 18: The application Comment 14: Take levels are meant to the most appropriate reflection of the expected fishery impacts. Under the qualifies as a major Federal action and represent expectations and, therefore, a thus must be analyzed through an mean estimated take derived from the original strandings-based permit issued in 2000, loggerhead and Kemp’s ridley Environmental Impact Statement (EIS). previous years estimates would be a Response: NMFS has determined that more appropriate take level for the new turtles were the predominant species expected to be taken, because strandings the issuance of Permit 1528 does not permit. constitute a major Federal action that Response: Take levels are based on from other sources, including the now closed deep water gillnet component of may significantly affect the quality of the anticipated take that may occur as the human environment. The a result of the action. However, because the fishery, were included. With the more accurate and fishery-specific data management of the shallow water gillnet of natural variability in sea turtle from the observers, it is evident that the fishery in Pamlico Sound does not pose abundance, environmental conditions, shallow water flounder gillnet fishery a public health or safety concern, and and chance events, annual variability in predominantly takes green sea turtles, the effects can be sufficiently analyzed sea turtle interactions can be quite high. with loggerhead and Kemp’s ridley under an Environmental Assessment It is more appropriate to utilize a turtles taken more sporadically and in (EA) (NOA 216–6 section 6.03.e.2(d)). reasonable worst-case scenario. We used lesser numbers. The shallow water fishery is the upper one-sided 95–percent Section 7 biological opinions related composed of less than 100 active confidence limit calculated from to this and previous permits for this participants operating in a limited observer program and effort data, from fishery have determined that the geographic area next to the barrier the year with the highest estimated take. expected take levels as a result of a islands in Pamlico Sound. The Similarly, we used a worst-case scenario deep-water closure and issuance of a fishermen are all local, with home ports in order to determine whether issuance permit to allow a managed, shallow in the surrounding counties of Carteret, of Permit 1528 would result in water fishery do not jeopardize the Pamlico, Hyde, and Dare. The jeopardizing the continued existence of continued existence of any of the sea economies in these fishing communities listed species. This is a conservative turtle species. This analysis is based on are heavily dependent on the seafood approach that considers the impacts to the anticipated take level of the industry, and many of these fishermen the species at a higher take level than proposed action, the status and trends have diversified into other fisheries, what is likely to occur in any given year. on the sea turtle populations, and any particularly blue crab or ocean gillnet Every year since the shallow-water past, present, or future impacts that may fisheries, and some have other income Pamlico Sound flounder gillnet fishery occur in the action area. Because this from shoreline work. Pamlico Sound is has been opened under a section 10 expected take level does not jeopardize a complex estuarine system and is permit, the estimated take levels have the continued existence of any sea turtle highly productive. The area supports a been significantly lower than the levels species, the biological reduction goal diverse array of submerged aquatic specified in the permits (see response to which is based on a reduction from the vegetation, shorebird species, and Comment 1). higher stranding levels in 1999 has been marine organisms such as shrimp, crabs, Comment 15: NCDMF should determined to be adequate under the oysters, clams, and finfish. NMFS complete an analysis of the impact of issuance criteria of 50 CFR 222.307(c). analyzed the impacts to society, both the pre–1999 mortality rate on the larger It is also important to note that since beneficial and adverse, that may result sea turtle populations, with a special the inception of the deep-water closure by issuing Permit 1528 and determined emphasis on juvenile and sub-adult (66 FR 50350, October 3, 2001) and the the impact to be not significant. See mortality. Permit 1528’s 50–percent take management restrictions specified ADDRESSES for a copy of the EA. reduction goal is based on the 1999 under the ESA section 10 permits, Comment 19: NMFS should make its levels of strandings, which did not stranding levels in Pamlico Sound have analyses on the issuance of Permit 1528 represent normal stranding years. remained substantially lower than in available to the public and solicit Permit 1528 should have reduced take previous years. another round of comments prior to levels which more closely track Comment 16: The application does issuance of the permit. previous inshore strandings from all not specify whether takes of Response: While a second round of sources. leatherbacks and hawksbills are live or public comments may be beneficial to

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the public at large, the Pamlico Sound information including observer FOR FURTHER INFORMATION CONTACT: Paul shallow water fishery begins September programs and directed research J. Howard, Executive Director, New 1. A second round of public comments conducted and/or funded by NMFS and England Fishery Management Council; would likely result in issuing Permit NCDMF are providing information telephone: (978)465–0492. 1528 well past the September start date. leading to a better understanding of sea SUPPLEMENTARY INFORMATION: The initial NMFS will accept, at any time, turtles in North Carolina waters. meeting notice published on comments and additional data on Comment 23: Pound net interactions Wednesday, August 24, 2005. This Permit 1528. This information will be data need to be made available to help document replaces the information considered in annual reauthorization of develop future management efforts. regarding the location of the meeting. Permit 1528. Response: Interaction data from All other details remain unchanged. Comment 20: Observer coverage must various fishery observer programs, and be mandatory and adequate, and directed research, including the pound Dated: August 31, 2005. funding must be assured. One net fisheries, are always used where Emily Menashes, commenter felt that NMFS should fund appropriate to get a better Acting Director, Office of Sustainable at least 50 percent or more of the understanding of sea turtle abundance, Fisheries, National Marine Fisheries Service. observer program. distribution, behavior, and habitat use [FR Doc. E5–4841 Filed 9–2–05; 8:45 am] Response: Observer coverage will be a in order to aid future management BILLING CODE 3510–22–S mandatory requirement of the permit. efforts. When pound net data are fully NCDMF is expected to have adequate analyzed and available, NMFS will funds to provide the mandatory review the data to determine whether DEPARTMENT OF COMMERCE observer coverage. The permit requires changes are necessary to future the stipulated levels of observer management efforts. National Oceanic and Atmospheric coverage, and therefore if the required Upon a review of the application, Administration levels cannot be met, management relevant documents, public comments, actions would be undertaken to address and further discussions with NCDMF, [I.D. 083005B] the issue. NMFS found that the application met As to NMFS funding some level of the the criteria for issuance of 50 CFR South Atlantic Fishery Management observer program, ESA section 10(a)(2) 222.307(c). Permit 1528 was issued on Council; Public Meetings clearly specifies that the applicant is August 26, 2005, and expires on responsible for identifying available December 31, 2010. AGENCY: National Marine Fisheries funds for conservation plans under Service (NMFS), National Oceanic and section 10(a)(1)(B). However, NMFS Dated: August 30, 2005. Atmospheric Administration (NOAA), works closely with NCDMF to help Thomas C. Eagle, Commerce. identify appropriate funding sources, as Acting Chief, Marine Mammal and Turtle ACTION: Notice of public meetings. well as provide funding support when Division, Office of Protected Resources, appropriate and when funds are National Marine Fisheries Service. SUMMARY: The South Atlantic Fishery available. [FR Doc. 05–17638 Filed 9–2–05; 8:45 am] Management Council (Council) will Comment 21: NMFS needs to BILLING CODE 3510–22–S expeditiously address the problem of hold a meeting of its Snapper Grouper the cumulative impact of Atlantic Committee, Controlled Access gillnets, not just the impacts from the DEPARTMENT OF COMMERCE Committee, Joint Executive and Finance Pamlico Sound gillnet fisheries. Committees, Advisory Panel Selection Response: NMFS recognizes the need National Oceanic and Atmospheric Committee, Scientific and Statistical to take a broader, gear-based approach Administration Selection Committee, and a meeting of the full Council. to dealing with fishery impacts on sea [I.D. 081905A] turtles. NMFS has devoted staff to DATES: The meeting will be held on gather information on a coastwide gear- New England Fishery Management September 19, 2005 through September basis, however, assimilation and Council; Public Meeting; Correction 23, 2005. See SUPPLEMENTARY evaluation of this information is a long- INFORMATION for specific dates and AGENCY: National Marine Fisheries term process that is still in its early times. Service (NMFS), National Oceanic and stages. In managing impacts to sea Atmospheric Administration (NOAA), turtles, however, cumulative impacts ADDRESSES: The meeting will be held at Commerce. from both fishery and non-fishery the Town and Country Inn, 2008 sources are always considered and are ACTION: Notice of public meeting notice; Savannah Highway, Charleston, SC taken into account when we analyze correction. 29407; telephone: (1–800) 334–6660 or actions in pursuant to ESA section 7 (843) 571–1000, fax: (843) 766–9444. jeopardy determinations. DATES: The New England Fishery Copies of documents are available Comment 22: NMFS should continue Management Council has changed the from Kim Iverson, Public Information to support research on the seasonal location of its 3-day Council meeting Officer, South Atlantic Fishery abundance and distribution of sea which will be held on September 13, 14, Management Council, One Southpark turtles in North Carolina waters to and 15, 2005. The meeting was initially Circle, Suite 306, Charleston, SC 29407- determine which inshore, nearshore, announced in the Federal Register on 4699. and offshore habitats and migratory August 24, 2005. FOR FURTHER INFORMATION CONTACT: Kim routes are used by turtles. ADDRESSES: The meeting, previously Response: NMFS, along with NCDMF, scheduled at the Holiday Inn Express, Iverson, Public Information Officer; has continuing programs that provide Fairhaven, MA will now be held at the telephone: (843) 571–4366 or toll free at valuable information to help determine Providence Biltmore Hotel, 11 Dorrance (866) SAFMC–10; fax: (843) 769–4520; migratory routes and important sea Street, Providence, Rhode Island; e-mail: [email protected]. turtle habitats. Various sources of telephone:(401) 421–0700. SUPPLEMENTARY INFORMATION:

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Meeting Dates 4. Advisory Panel Selection Committee From 10 a.m. until 11:15 a.m., the Meeting: September 22, 2005, 8:30 a.m. Council will hear status reports from 1. Snapper Grouper Committee Meeting: until 10:30 a.m.(CLOSED SESSION) NOAA Fisheries’ Southeast Regional September 19, 2005, 1:30 p.m. until 5 Office and the Southeast Fishery p.m. and September 20, 2005, 8:30 a.m. The Advisory Panel Selection Science Center. until 5 p.m. Committee will review advisory panel applications and develop From 11:15 a.m. until 12 noon, the The Snapper Grouper Committee will recommendations for Council Council will receive agency and liaison meet to review the Snapper Grouper consideration. reports, discuss other business and Regulatory Amendment document to upcoming meetings. finalize it for public hearings. The 5. Scientific and Statistical Committee Documents regarding these issues are Regulatory Amendment addresses (SSC) Meeting: September 22, 2005, available from the Council office (see management measures for snowy 10:30 a.m. until 12 noon (CLOSED ADDRESSES). grouper, golden tilefish, vermilion SESSION) Although non-emergency issues not snapper, black sea bass, and red porgy. The Scientific and Statistical contained in this agenda may come The Committee will also receive a report Committee will meet to discuss the role before this Council for discussion, those on the development of an evaluation of the SSC relative to the SEDAR issues may not be the subjects of formal team for review of the Oculina process. In addition, the Committee will Council action during this meeting. Experimental Closed Area and develop review applications and develop Council action will be restricted to those recommendations for Council recommendations for Council for issues specifically listed in this notice consideration. The Committee will appointing SSC members. and any issues arising after publication develop recommendations relative to of this notice that require emergency 6. Council Session: September 22, 2005, addressing marine protected areas. In action under section 305 (c) of the 1:30 p.m. until 5:30 p.m. and September addition, the Committee will review Magnuson-Stevens Act, provided the 23, 2005, 8:30 a.m. until 12 noon issues relative to the draft of public has been notified of the Council’s Amendment 13B to the Snapper From 1:30 p.m. until 2 p.m., the intent to take final action to address the Grouper Fishery Management Plan Council will call the meeting order, emergency. regarding mandates under the make introductions and roll call, adopt Except for advertised (scheduled) Sustainable Fisheries Act to address the meeting agenda, and approve earlier public hearings and public comment, overfishing. meeting minutes. The Council will also the times and sequence specified on this hold elections for Chairman and Vice- agenda are subject to change. 2. Controlled Access Committee Chairman. Special Accommodations Meeting: September 21, 2005, 8:30 a.m. From 2 p.m. until 4 p.m., the Council until 12 noon will receive a presentation on new These meetings are physically accessible to people with disabilities. The Controlled Access Committee fishing regulations proposed for Atlantic tunas, sharks, swordfish, and billfish Requests for sign language will discuss goals and objectives of a interpretation or other auxiliary aids rights-based system in the South and provide comment. From 4 p.m. until 4:30 p.m., the should be directed to the Council office Atlantic, receive a presentation on (see ADDRESSES) by September 15, 2005. ‘‘Who Owns America’s Fisheries’’ by Dr. Council will receive a presentation on Seth Macinko, and review controlled the Sustainable Seafood Initiative. Dated: August 30, 2005. access issues in the draft Senate Bill of From 4:30 p.m. until 5:30 p.m., the Emily Menashes, the Magnuson-Stevens Fishery Council will hear a report from the Acting Director, Office of Sustainable Conservation and Management Act Snapper Grouper Committee, approve Fisheries, National Marine Fisheries Service. (Magnuson-Stevens Act) the Regulatory Amendment for public [FR Doc. E5–4829 Filed 9–2–05; 8:45 am] hearings, take other action as reauthorization. BILLING CODE 3510–22–S appropriate. 3. Joint Executive Committee and Council Session: September 23, 2005, Finance Committee Meeting: September DEPARTMENT OF COMMERCE 21, 2005, 1:30 p.m. until 5 p.m. 8:30 a.m. until 12 noon. From 8:30 a.m. until 9 a.m., the National Oceanic and Atmospheric The Committees will receive updates Council will receive a briefing from Administration on current budget items, review the NOAA General Counsel on litigation Council’s 2006 Fishery Management (CLOSED SESSION). [I.D. 052405C] Plan/Amendment/Framework timelines, From 9 a.m. until 9:15 a.m., the discuss participation in the Small Take of Marine Mammals Council will receive a report from the Incidental to Specified Activities; Southeastern Aquatic Resources Controlled Access Committee and take Partnership, develop Council comments Maintenance Dredging Around Pier 39, action as appropriate. San Francisco, California on the Senate Bill working draft for From 9:15 a.m. until 9:30 a.m., the MSFCMA reauthorization and proposed Council will receive a report from the AGENCY: National Marine Fisheries modifications to National Standard 1, Joint Executive/Finance Committee and Service (NMFS), National Oceanic and discuss the function and duties of the take action as appropriate. Atmospheric Administration (NOAA), joint Council and National Marine From 9:30 a.m. until 9:45 a.m., the Commerce. Fisheries Service Fishery Management Council will hear a report from the ACTION: Notice; receipt of application Plan Teams, review the NMFS Status of Advisory Panel Selection Committee and proposed incidental harassment Stocks Report to Congress, receive a and appoint advisory panel members. authorization; request for comments. report on the Southeastern Data, From 9:45 a.m. until 10 a.m., the Assessment, and Review (SEDAR) Council will hear a report from the SUMMARY: NMFS has received an Steering Committee meeting and discuss Scientific and Statistical Selection application from Bay Marina the Council’s current committee Committee and take action as Management Incorporated (BMMI) to structure. appropriate. take small numbers of marine mammals,

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by harassment, incidental to dredging taking and requirements pertaining to (footprints) include the faces, on the west side of the Pier 39 Marina the monitoring and reporting of such approaches, and entrance channels to on the San Francisco waterfront, CA. taking are set forth. NMFS has defined each berthing area up to the limit of the Under the Marine Mammal Protection ‘‘negligible impact’’ in 50 CFR 216.103 adjacent pier. Dredging will occur Act (MMPA), NMFS is requesting as ‘‘an impact resulting from the between June 1 and November 30 to comments on its proposal to issue an specified activity that cannot be avoid impacts to steelhead trout and incidental harassment authorization reasonably expected to, and is not Chinook salmon. (IHA) to BMMI for 1 year. reasonably likely to, adversely affect the Dredging operations at the Pier 39 DATES: Comments and information must species or stock through effects on west marina are expected to occur in be received no later than October 6, annual rates of recruitment or survival.’’ late fall of 2005 or the summer of 2006 2005. Subsection 101(a)(5)(D) of the MMPA and are estimated to take approximately established an expedited process by one to two weeks to complete. Dredge ADDRESSES: Comments on the which citizens of the United States can machinery would operate from 8 a.m. to application should be addressed to apply for an authorization to 3:30 p.m. daily. Approximately 13,000 Steve Leathery, Chief, Permits, yd3 (9,939 m3) of material would be Conservation and Education Division, incidentally take small numbers of removed. Material to be dredged will be Office of Protected Resources, National marine mammals by harassment. Except tested for pollutants and toxins by the Marine Fisheries Service, 1315 East- for certain categories of actions not Dredge Material Management Office West Highway, Silver Spring, MD pertinent here, the MMPA defines prior to approval to begin dredging, and 20910–3225. The mailbox address for ‘‘harassment’’ as: any act of pursuit, torment, or annoyance deposition of dredged materials will be providing email comments is which: (i) has the potential to injure a marine deposited in accordance with local, [email protected]. NMFS is not mammal or marine mammal stock in the wild state and federal regulations. Once responsible for e-mail comments sent to [Level A harassment]; or (ii) has the potential removed, the dredged material will be addresses other than the one provided to disturb a marine mammal or marine transferred to Piers 96/98, which are here. Comments sent via e-mail, mammal stock in the wild by causing owned and operated by the Port of San including all attachments, must not disruption of behavioral patterns, including, Francisco, and from there it will be exceed a 10–megabyte file size. but not limited to, migration, breathing, disposed of at an approved upland Comments may also be submitted via nursing, breeding, feeding, or sheltering [Level B harassment]. disposal site. facsimile to (301) 427–2521. A copy of Section 101(a)(5)(D) establishes a 45– The proposed dredging of the Pier 39 the application containing a list of the day time limit for NMFS review of an west berthing area will focus on the references used in this document may application followed by a 30–day public channels and slips of I and J docks and be obtained by writing to this address or notice and comment period on any half of the channel between J and K by telephoning the contact listed here proposed authorizations for the docks. The original K dock was and is also available at: http:// incidental harassment of marine destroyed by the combined weight of www.nmfs.noaa.gov/protlres/PR2/ mammals. Within 45 days of the close hundreds of California sea lions that SmalllTake/ of the comment period, NMFS must frequently use the area as a haul-out. smalltakelinfo.htm#applications. either issue or deny issuance of the Pier 39 replaced the damaged dock with Documents cited in this notice may be authorization. a number of ten by twelve-foot floats for viewed, by appointment, during regular the sea lions to use. Since there are no business hours, at the aforementioned Summary of Request actual berthing sites at K dock, no address. On August 9, 2004, NMFS received an dredging will be necessary in the area FOR FURTHER INFORMATION CONTACT: Jolie application from Bay Marina immediately surrounding or under K Harrison, (301) 713–2289, or Monica Management Incorporated (BMMI) dock. The crane barge will be situated DeAngelis, NMFS Southwest Region, requesting an IHA for the take, by at the furthest distance possible from K (562) 980–3232. harassment, of small numbers of dock during each dredging episode. The SUPPLEMENTARY INFORMATION: California sea lions (Zalophus closest that the barge will be to the K californianus) and Pacific harbor seals dock haul-out is when dredging the Background (Phoca vitulina) incidental to the channel between J and K docks. When Sections 101(a)(5)(A) and (D) of the maintenance dredging the I, J, and K the barge is dredging this channel it will MMPA (16 U.S.C. 1361 et seq.) direct Docks on the west side of Pier 39 be moored to the bayside of J dock and the Secretary of Commerce (Secretary) Marina on the San Francisco waterfront, extend the clamshell dredge arm out to allow, upon request, the incidental, California. into the channel, towards K dock. Since but not intentional, taking of marine the distance between J and K docks is Description of the Activity mammals by U.S. citizens who engage 100 ft (30 m) and the barge is 30 ft (9 in a specified activity (other than BMMI proposes to perform m) wide, it will never be positioned commercial fishing) within a specified maintenance dredging using a small, closer than 50 ft (15 m) to K dock at any geographical region if certain findings self-contained clamshell-style crane time during the dredging project. are made and either regulations are barge between docks I, J, and K at the issued or, if the taking is limited to Pier 39 west marina. These maintenance Description of Habitat and Marine harassment, a notice of a proposed measures are necessary to maintain safe Mammals Affected by the Activity authorization is provided to the public navigation depths at the marina, which The marine mammal species known for review. currently has reduced water depths to be present at the Pier 39 Marina area Authorization may be granted if the attributed to the accretion of bay are the California sea lion (Zalophus Secretary finds that the total taking will sediment. The proposed dredging at Pier californianus) and the Pacific harbor have a negligible impact on the species 39 will remove sediment to create water seal (Phoca vitulina). Since 1993, a or stock(s), will not have an unmitigable depths in the project area of 9 ft (2.7 m) single adult male Steller sea lion adverse impact on the availability of the Mean Lower Low Water (MLLW), plus (Eumetopias jubatus) has been observed species or stock(s) for subsistence uses, an additional two-foot overdredge hauled out on K dock intermittently and that the permissible methods of allowance. Dredging design area limits during the months of July and August,

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and occasionally in September (30 to haul out at Pier 39. Within the themselves from the California sea lions sightings in the last 10 years). However, dredging work window (June 1 to hauling out in the vicinity. this project will not affect the Steller sea November 30) the largest numbers of Potential Effects on Marine Mammals lion because dredging activities will be California sea lions are found at K Dock halted if a Steller sea lion is observed. in the late summer and fall. The highest The applicant requests authorization Additional information on these number of individuals ever observed at for incidental taking, by Level B species can be found in Marine Mammal once between June 1 and November 30 harassment, of California sea lions and Stock Assessment Reports, which are at Pier 39 to date was 1244, in August Pacific harbor seals. Level B harassment available online at: http:// of 2003. If the number of individuals may occur if hauled animals flush the www.nmfs.noaa.gov/protlres/PR2/ observed at one count is averaged by haulout and/or move to increase their StocklAssessmentlProgram/ month, from June to November, since distance from dredging-related sars.html. 2000, the averages range from 169 for activities, such as noise associated with dredging, presence of a crane barge, the California Sea Lions July to 709 in September. Since monitoring began in 1991, only 10 presence of workers, or unfamiliar California sea lions range from California sea lion pups have been activity in proximity to the haulout site. southern Mexico to southwestern observed at Pier 39, in 1997 and 1998. This disturbance from acoustic and Canada. In the U.S., they breed during These pups, which were all weaned, visual stimuli is the principal means of July after pupping in late May to June, most likely hauled out at K Dock due to marine mammal taking associated with primarily in the Channel Islands of the El Nino, and pups are not expected these activities. California. Most individuals breed on at the project site in ‘‘normal’’ years. Sudden brief noises have been shown the Channel Islands off southern to elicit startle reactions in some California and off Baja and mainland Pacific Harbor Seals pinnipeds. Novel looming visual stimuli Mexico, although a few pups have been may induce similar startle reactions in Although not commonly observed at born on Ano Nuevo Island and this year pinnipeds. Daily engine starts and Pier 39, Pacific harbor seals have been a pup was born on the docks at movements of the dredge bucket and documented as visitors to K dock Monterey and subsequently transferred vessel may induce startled and/or flight numerous times in the past decade. to Ano Nuevo Island with its mother. behavior in marine mammals using K Harbor seals range from Baja California Following the breeding season on the dock as a haul out. However, this area in Mexico northward to the Aleutian Channel Islands, most adult and sub- has become a tourist spot for viewing Islands of Alaska. The population adult males migrate northward to sea lions, and the current population of estimate for the California stock is central and northern California and to animals utilizing K dock is accustomed 27,863 individuals (Caretta, et al., 2004) the Pacific Northwest, while most to human activities and regular noise females and young animals either and is relatively stable. levels from people, traffic, use of nearby remain on or near the breeding grounds Harbor seals inhabit coastal waters boat slips, and other marine operations. throughout the year or move southward within their range and prefer sheltered If animals do flush into the water, they or northward, as far as Monterey Bay. bays and inlets to the exposed coastline. may return to the haul-out site Since nearing extinction in the early Daily haul-out behavior of harbor seals immediately, stay in the water for a 1900’s, the California sea lion is typically dependent on the tides, length of time and then return to the population has increased and is now weather and time of day. Harbor seals haul-out, or temporarily haul-out at growing at a rate of 5.4 to 6.1 percent exhibit seasonal variation in another site. Many factors contribute to per year (based on pup counts) with an reproductive timing depending on the degree of behavioral modification, if estimated minimum population of geography. The pupping season for any, including seasonality, group 138,881 animals. Actual population California populations is in the spring, composition of the pinnipeds, type of numbers may be as high as 237,000 to with populations in the San Francisco activity they are engaged in and what 244,000 animals. The population is not Bay typically bearing young from March noises they may be accustomed to listed as ‘‘endangered’’ or ‘‘threatened’’ 15 through May 31 (Green et al., 2001). experiencing. Short-term reactions such under the Endangered Species Act There are two active pupping sites in as startle or alert reactions are unlikely (ESA), nor is this species listed as the San Francisco Bay, Mowry Slough to disrupt behavior patterns such as ‘‘depleted’’ or as a ‘‘strategic stock’’ in the South Bay and Castro Rocks in migrating, breeding, feeding and under the MMPA. the North Bay. Pups have been observed sheltering and would not likely cause California sea lions first appeared at at Yerba Buena Island and Corte Madera serious injury to marine mammals. Pier 39 in September, 1989. Numbers of Marsh in the San Francisco Bay. No The small, self-contained, clamshell hauled-out sea lions were relatively low births have been witnessed at these dredge used for this activity may the first year and K Dock was only used locations, but Yerba Buena is thought to produce noise of a sufficient level to as a haul out from late summer through be a potential pupping site. No harbor harass marine mammals at K dock. the winter. Within a few years, larger seal pups have ever been seen at Pier 39. Measured sound energy levels (SELs) of numbers of sea lions were observed at Annual counts of harbor seals at Pier similar equipment ranged between 75– K Dock and they began using the haul- 39 range from 0 seals observed in 1999 88 dBA (re 20 microPa) measured at 50 out throughout the year. The Marine and 2004, to a high of nine observations feet (the closest distance that the dredge Mammal Center (MMC) began in 2000 for a total of 28 observations unit will be to K dock) (Boeing, 2005). monitoring California sea lions at Pier between 1997–2004. No more than two Results of an ongoing study at 39 in the late 1990’s and counts indicate harbor seals have been observed hauled Vandenberg Air Force Base of the effects peak usage of K dock at Pier 39 in May out simultaneously at any given time at of rocket launches on pinnipeds and early June, just prior to the breeding K Dock. No harbor seals have been indicate that the percentage of Pacific season. Although numbers decrease observed hauling out at Pier 39 July harbor seals leaving the haul-out during mid-summer, since most adults through September. No pups have been increases with noise level up to an SEL relocate to the rookeries for pupping observed at Pier 39. Observations by of approximately 100 dBA, after which and breeding, some sea lions, of all age MMC volunteers indicate that observed almost all seals leave, although recent classes, remain in the area and continue harbor seals at Pier 39 tend to distance data has shown that an increasing

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percentage of seals have remained on equipment that could accomplish the time, observer, tidal height, species shore, and those that remain are adults. task) clamshell dredge that can easily present, maximum number of animals Though harbor seals are more sensitive target the specific areas to be dredged. hauled out, number of adults and sub- to audio stimuli than sea lions, these The smaller equipment will also adults, number of males and females (if results indicate that animals are flushed minimize the amount of turbidity possible), any observed disturbances to at an SEL less than 100 dBA, and it is resulting from the dredging activities. the animals, and the number of animals possible that marine mammals at K The dredge material will be disturbed (for example, if animals Dock may modify their behavior as a immediately loaded onto a barge and flushed, reports should include the result of the lesser dredge noise. transported to a nearby terrestrial number of animals that returned to the If a startled reaction is accompanied disposal site at Piers 96 and 98, which water, and those that remained hauled by large-scale movements of marine will allow for a shorter project duration. out). During periods of dredging a mammals, such as stampedes into the When not in use, the clamshell dredge description of dredging activities will water, the disruption may escalate into and dredge barge will be parked as far also occur (including location of dredge, Level A harassment and could result in as feasible from the K Dock. After i.e., between J and K Docks, or between injury of individuals, especially if pups starting engines in morning, the I and J Docks). are present. However, due to the clamshell dredge will be moved as Reporting uniqueness of this particular haul-out slowly as possible to the area to be area, the unlikely presence of pups, and dredged and the dredge head lowered A draft report will be submitted to the the proposed shut-down procedures slowly and carefully into the water. NMFS Southwest Regional should pups be sighted, NMFS believes As mentioned previously, if a Steller Administrator and the Office of there is a very low likelihood of such sea lion of any age or a marine mammal Protected Resources within 90 days after injury occurring at the Pier 39 site. pup of any species is spotted at any time project completion. A final report will Specifically, the haul-out consists of during dredging operations, operations be submitted within 30 days of many separate floating platforms that will cease until the animal has left the receiving NMFS’ comments, if any, on can hold up to about 25 marine area. the draft report. The Report will mammals each. If disrupted to the point contain, analyze, and summarize the of flushing off the platforms, pinnipeds Monitoring information required under Monitoring, can quickly leap or roll into the water The K dock haulout will be monitored above, as well estimating the number of in any direction off the relatively small periodically during dredging activities animals taken by Level B Harassment. platforms, avoiding a dangerous by two NMFS-approved observers BMMI will share data collected as a stampede-like situation that may occur according to the following schedule: result of these monitoring activities with at normal haul-out locations such as (1) During the week prior to the other interested parties, such as the exposed rocks. Additionally, marine commencement of dredging activities, Marine Mammal Center and other boat mammal pups use this haul-out very morning counts will be taken every marinas. infrequently (approximately 10 pups morning at the same time. One Numbers of Marine Mammals Expected have been sighted at K Dock, in 1997 afternoon count will be taken at to be Harassed and 1998, during the El Nino), further approximately the same time the reducing potential harm to the species. dredging is scheduled to stop in the The highest number of California sea Over the last 13 years, BMMI has following days. lions ever counted at one time on the K observed the sea lions either ignore (2) During the dredging operations: Dock between June 1 and November 30 various unfamiliar intrusions and (a) One count will be taken every was 1244 individuals in August 2003. remain hauled out, or adapt to them and morning before dredging work begins The average number of individuals eventually become acclimated and and every afternoon once operations counted at one time within the work return to their normal behavior. cease. window since 2000 is lowest in July Disturbance from these proposed (b) On the first day of dredging and on (169) and highest in September (709). dredging activities is expected to have a one other day near the end of dredging The effects of the proposed dredging only a short-term negligible impact to a operations, monitors will be present all activities are expected to be limited to small number of California sea lions and day (starting one hour before operations Level B Harassment in the form of short- a few Pacific harbor seals. At a begin and remaining until 2 hours after term startle responses and localized maximum, short-term impacts are operations cease) and they will behavioral changes. Based on an average expected to result in a temporary document specific behaviors as they of 169 to 709 animals over the reduction in utilization of K dock as a relate to specific aspects of the dredging maximum of 14 days, NMFS estimates haulout site while work is in progress or operations and other activities. An that California sea lions could be until seals acclimate to the disturbance. additional count will be conducted 2 exposed to audio or visual stimulus The project is not expected to result in hours after dredging operations cease. likely to cause harassment between any permanent reduction in the number Rates of departure and arrival of animals 2360 and 9930 times. However, based of animals at Pier 39. NMFS from/to the haulout will be noted. on review of the Pier 39 observer logs preliminarily agrees with BMMI that (3) Following completion of the maintained over the last 14 years, which effects will be limited to short-term and dredging: indicate that sea lions may remain in localized behavioral changes falling (a) Morning counts (taken at the area and haul out for several days in within the MMPA definition of Level B approximately same time as those taken a row at the K dock, NMFS estimates harassment. previously (See 1)) will be made every that between 1180 to 4965 individual day for a week. animals will be harassed. The highest Mitigation (b) An afternoon count will be total number of harbor seals ever seen To minimize disturbance of marine conducted the day after dredging ceases in one month between June 1 and mammals from visual and acoustic and on the last day of the post-dredging November 30 was 3 in November of stimuli associated with the dredging monitoring. 1997. NMFS anticipates that no more activities, BMMI will use a small (4) During all monitoring periods the than 3 Pacific harbor seals will be (relative to the range of sizes of following data will be recorded: date, harassed by this activity. These are

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small numbers relative to the size of the an IHA may result in short-term and Office of Textiles and Apparel, U.S. affected species or stocks. localized changes in behavior by small Department of Commerce, (202) 482- numbers of California sea lions and 4212. For information on the quota Possible Effects of Activities on Marine Pacific harbor seals. While behavioral status of these limits, refer to the Bureau Mammal Habitat modifications may be made by the seals, of Customs and Border Protection NMFS anticipates that the action will including temporarily vacating the K website (http://www.cbp.gov), or call result in minor and short-term effects on Dock haulout, this action is expected to (202) 344-2650. For information on marine mammal habitat, including a have a negligible impact on the animals. embargoes and quota re-openings, refer temporary increase in the turbidity in In addition, no take by injury or death to the Office of Textiles and Apparel the area of the dredging and a temporary is anticipated, and take by harassment website at http://otexa.ita.doc.gov. decrease in the quality of K dock as a will be at the lowest level practicable SUPPLEMENTARY INFORMATION: haul-out site as a result of increased due to incorporation of the mitigation visual and audio stimuli. Authority: Section 204 of the Agricultural measures mentioned previously in this Act of 1956, as amended (7 U.S.C. 1854); Possible Effects of Activities on document. Executive Order 11651 of March 3, 1972, as Subsistence Needs NMFS has preliminarily determined amended. that the proposed activity would result On August 31, 2005, as provided for There are no subsistence uses for in the harassment of small numbers of under paragraph 242 of the Report of the California sea lions or Pacific harbor California sea lions and Pacific harbor Working Party on the Accession of seals in California waters, and thus, seals, and that the takings will have no China to the World Trade Organization there are no anticipated effects on their more than a negligible impact on these (Accession Agreement), the United availability for subsistence uses. marine mammal stocks. Accordingly, States requested consultations with the Endangered Species Act (ESA) NMFS proposes to issue an IHA to Government of the People’s Republic of BMMI for the potential harassment of Though a single Steller sea lion has China with respect to imports of small numbers of California sea lions Chinese-origin cotton and man-made infrequently been sighted at the K Dock, and Pacific harbor seals incidental to BMMI plans to cease dredging fiber brassieres and other body dredging around Pier 39, provided the supporting garments (Category 349/649) operations immediately if one is seen, previously mentioned mitigation, and not begin dredging again until the and other synthetic filament fabric monitoring, and reporting requirements (Category 620). animal has left the area of its own are incorporated. volition. NMFS does not anticipate any Paragraph 242 of the Accession impacts to Steller sea lions to result Information Solicited Agreements provides that, upon receipt from the issuance of the IHA. of the request, the People’s Republic of NMFS requests interested persons to China will hold its shipments to a level In the 1998 programmatic Biological submit comments, information, and Opinion addressing dredging in San no greater than 7.5 percent above the suggestions concerning this request (see amount entered during the first 12 Francisco Bay, NMFS established a June ADDRESSES). 1 to November 30 work window for months of the most recent 14 months dredging activities in the San Francisco Dated: August 30, 2005. preceding the month in which the Bay to avoid impacts to steelhead trout Donna Wieting, request for consultations was made. and Chinook salmon. BMMI proposes to Acting Director, Office of Protected Resources, Because this restraint period will be for dredge between June 1 and November National Marine Fisheries Service. less than 12 months, the quantitative 30, and therefore NMFS does not [FR Doc. 05–17639 Filed 9–2–05; 8:45 am] limit will be prorated to conform to the anticipate any impacts to ESA-listed BILLING CODE 3510–22–S number of days remaining in the year, fish. beginning on August 31, 2005 (i.e., by a ratio of 123/365). Consistent with National Environmental Policy Act COMMITTEE FOR THE paragraph 242, consultations with the (NEPA) IMPLEMENTATION OF TEXTILE People’s Republic of China will be held NMFS has conducted a preliminary AGREEMENTS within 30 days of receipt of the request NEPA analysis and produced a draft for consultations, and every effort will Environmental Assessment (EA) on the Announcement of Request for Bilateral be made to reach agreement on a Issuance of an IHA for the Incidental Textile Consultations with the mutually satisfactory solution within 90 Take, by Harassment, of Marine Government of the People’s Republic days of receipt of the request for Mammals During the Dredging of Pier of China and the Establishment of consultations. If no mutually 39, San Francisco, California. Import Limits for Certain Cotton and satisfactory solution were reached Concurrently with the publication of Man-made Fiber Brassieres and Other during this 90-day consultation period, this document, the EA has been posted Body Supporting Garments (Category the United States could continue these on the NMFS website at: http:// 349/649) and Other Synthetic Filament limits. www.nmfs.noaa.gov/protlres/PR2/ Fabric (Category 620), Produced or To ensure that the limitations SmalllTake/ Manufactured in the People’s Republic provided for under Paragraph 242 are smalltakelinfo.htm#applications. of China carried out, the Committee is Public comments are solicited regarding establishing prorated limits on Chinese- both the EA and this notice. NMFS will September 1, 2005. origin textile and apparel products in issue a record of decision under NEPA AGENCY: Committee for the Categories 349/649 and 620, beginning prior to the issuance or denial of this Implementation of Textile Agreements on August 31, 2005, and extending IHA. (Committee). through December 31, 2005. If ACTION: Notice agreement on a different limit is reached Preliminary Conclusions as a result of the consultations with NMFS has preliminarily determined EFFECTIVE DATE: August 31, 2005. China, the Committee will issue a that the dredging activities described in FOR FURTHER INFORMATION CONTACT: Ross Federal Register Notice containing a this document and in the application for Arnold, International Trade Specialist, directive to the Bureau of Customs and

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Border Protection to implement the Apparel Categories with the development of trade in these products. negotiated limit. Harmonized Tariff Schedule of the Further, the United States believes that The Committee solicited public United States (refer to the Office of imports of Chinese-origin cotton and man- comments with regard to whether Textiles and Apparel website at http:// made fiber brassieres and other body imports of Chinese-origin textiles and otexa.ita.doc.gov). supporting garments are, due to the threat of textile products in Categories 349/649 market disruption, threatening to impede the and 620 were, due to the threat of D. Michael Hutchinson, orderly development of trade in these market disruption, threatening to Acting Chairman, Committee for the products. Either finding supports a request impede the orderly development of Implementation of Textile Agreements. for consultations with the Government of the trade in these products. Solicitation of Committee for the Implementation of Textile People’s Republic of China under Paragraph Public Comments on Request for Textile Agreements 242 of the Report of the Working Party on the and Apparel Safeguard Action on September 1, 2005. Accession of China to the World Trade Organization (‘‘Paragraph 242’’). The Imports from China, (69 FR 70661 (Dec. Commissioner, following facts, and others contained in this 7, 2004) (Category 620) & 69 FR 77998 Bureau of Customs and Border Protection, (Dec. 29, 2004) (Category 349/649). The Washington, DC 20229. Statement, support these beliefs: Committee solicited public comments Dear Commissioner: Pursuant to Section with regard to whether imports of 204 of the Agricultural Act of 1956, as U.S. Imports from China Are Increasing Chinese-origin textiles and textile amended (7 U.S.C. 1854); and Executive Rapidly in Absolute Terms. U.S. imports products in Categories 349/649 and 620 Order 11651 of March 3, 1972, as amended, of cotton and man-made fiber brassieres were, due to actual market disruption, you are directed to prohibit, effective on and other body supporting garments threatening to impede the orderly August 31, 2005, entry into the United States from China were 17,734,954 dozens for development of trade in these products. for consumption and withdrawal from the entire twelve months of 2004. In the warehouse for consumption of Chinese-origin Solicitation of Public Comments on first half of 2005, U.S. imports from cotton and man-made fiber brassieres and China increased to 11,139,910, an Request for Textile and Apparel other body supporting garments (Category increase of 35 percent from the first half Safeguard Action on Imports from 349/649) and other synthetic filament fabric China, 70 FR 23113 (May 4, 2005) (Category 620), produced or manufactured in of 2004. (Category 349/649) & 70 FR 23124 (May the People’s Republic of China and exported 4, 2005) (Category 620). during the period beginning on August 31, U.S. Imports from the World Are On December 30, 2004, the United 2005, and extending through December 31, Increasing Rapidly in Absolute Terms. States Court of International Trade 2005, in excess of the following limits. U.S. imports of cotton and man-made preliminarily enjoined the members of fiber brassieres and other body the Committee from considering or Category Quantity supporting garments from all sources, excluding cotton and man-made fiber taking any further action on this request 349/649 ...... 7,275,216 dozen. and any other requests that are based on brassieres and other body supporting 620 ...... 12,328,306 square garments containing U.S. components the threat of market disruption. U.S. meters. Association of Importers of Textiles and that were imported under outward processing programs, increased from Apparel v. United States, 350 F. Supp. Products which have been exported to the 2d 1342 (CIT 2004). On April 27, 2005, United States prior to August 31, 2005, shall 19,381 thousand dozens in the first half the United States Court of Appeals for not be subject to the limit established in this of 2004 to 21,043 thousand dozens in the the Federal Circuit granted the U.S. directive. first half of 2005 - an increase of 9 government’s motion for a stay of that In carrying out the above directions, the percent. The absolute increase in imports injunction and ultimately reversed the Commissioner should construe entry into the from China in the first half of 2005 preliminary injunction. U.S. Association United States for consumption to include (2,908 thousand dozens) is greater than of Importers of Textiles and Apparel v. entry for consumption into the the absolute increase in U.S. imports of Commonwealth of Puerto Rico. United States, Ct. No. 05-1209, 413 F.3d this category from the world as a whole The Committee for the Implementation of (1,663 thousand dozens). 1344 (Fed. Cir. June 28, 2005). Thus, the Textile Agreements has determined that Committee resumed consideration of these actions fall within the foreign affairs The Average Unit Value of Imports from these cases. (See 70 FR 24397, exception of the rulemaking provisions of 5 China is Significantly Lower Than Rest published on May 9, 2005). U.S.C. 553(a)(1). The Committee determined that Sincerely, of World in 2005. In the first half of imports of Chinese-origin textiles and D. Michael Hutchinson, 2005, the average unit value of U.S. textile products in Categories 349/649 Acting Chairman, Committee for the cotton and man-made fiber brassieres and 620, are, due to the existence of Implementation of Textile Agreements. and other body supporting garment market disruption and the threat of imports from China was US$31.17 per dozen, compared to US$50.25 per dozen market disruption, threatening to SUMMARY OF REASONS AND for ‘‘rest of world’’ imports. impede the orderly development of JUSTIFICATIONS FOR U.S. REQUEST FOR trade in these textile products. A CONSULTATIONS WITH CHINA The U.S. Brassieres and Other Body summary statement of the reasons and PURSUANT TO PARAGRAPH 242 OF THE Supporting Garments Industry is justifications for the U.S. request for REPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA TO THE Vulnerable to Increasing Imports. U.S. consultations concerning imports of WORLD TRADE ORGANIZATION production fell by 2 percent between the Chinese-origin textiles and textile first quarter of 2004 and the first quarter products in Categories 349/649 and 620 Cotton and Man-made Fiber Brassieres and Other Body Supporting Garments of 2005, while the share of the market from the People’s Republic of China held by U.S. producers fell by 3 follows this notice. Category 349/649 percentage points during this period. A description of the textile and The United States believes that imports of apparel categories in terms of Chinese-origin cotton and man-made fiber Harmonized Tariff Schedule of the brassieres and other body supporting United States numbers is available in garments are, due to the existence of market the CORRELATION: Textile and disruption, threatening to impede the orderly

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SUMMARY OF REASONS AND COMMODITY FUTURES TRADING Estimated total annual burden on JUSTIFICATIONS FOR U.S. REQUEST FOR COMMISSION respondents: .10 hours. CONSULTATIONS WITH CHINA Frequency of collection: On occasion. PURSUANT TO PARAGRAPH 242 OF THE Agency Information Collection Send comments regarding the burden REPORT OF THE WORKING PARTY ON Activities Under OMB Review estimated or any other aspect of the THE ACCESSION OF CHINA TO THE information collection, including WORLD TRADE ORGANIZATION AGENCY: Commodity Futures Trading suggestions for reducing the burden, to Other Synthetic Filament Fabric Commission. the addresses listed below. Please refer ACTION: Notice. Category 620 to OMB Control No. 3038–0033 in any correspondence. SUMMARY: In compliance with the The United States believes that imports of Gail B. Scott, Office of General Paperwork Reduction Act (44 U.S.C. Chinese-origin other synthetic filament fabric Counsel, U.S. Commodity Futures are, due to the existence of market 3501 et seq.), this notice announces that Trading Commission, 1155 21st Street, disruption, threatening to impede the orderly the Information Collection Request (ICR) NW., Washington, DC 20581 and Office development of trade in these products. abstracted below has been forwarded to of Information and Regulatory Affairs, Further, the United States believes that the Office of Management and Budget Office of Management and Budget, imports of Chinese-origin other synthetic (OMB) for review and comment. The filament fabric are, due to the threat of Attention: Desk Officer for CFTC, 725 ICF describes the nature of the 17th Street, Washington, DC 20503. market disruption, threatening to impede the information collection and its expected orderly development of trade in these costs and burden; it includes the actual Dated: August 30, 2005. products. Either finding supports a request data collection instrument [if any]. Jean A. Webb, for consultations with the Government of the Secretary of the Commission. People’s Republic of China under Paragraph DATES: Comments must be submitted on [FR Doc. 05–17603 Filed 9–2–05; 8:45 am] 242 of the Report of the Working Party on the or before October 6, 2005. Accession of China to the World Trade FOR FURTHER INFORMATION CONTACT: Gail BILLING CODE 6351–01–M Organization (‘‘Paragraph 242’’). The B. Scott, Office of General Council, U.S. following facts, and others contained in this Commodity Futures Trading COMMODITY FUTURES TRADING Statement, support these beliefs: Commission, 1155 21st Street, NW., COMMISSION Washington, DC 20581, (202) 418–5139; U.S. Imports from China Are Increasing FAX: (202) 418–5524; e-mail: Agency Information Collection Rapidly in Absolute Terms. U.S. imports [email protected]. and refer to OMB Activities Under OMB Review of other synthetic filament fabric from Control No. 3038–0033. China were 5,895,247 square meters for SUPPLEMENTARY INFORMATION: AGENCY: Commodity Futures Trading the entire twelve months of 2004. In the Commission period January-June 2005, U.S. imports This is a request for extension of a ACTION: Notice. from China increased to 39,973,330 currently approved information collection. square meters, an increase of 1,185 SUMMARY: Abstract: Title: Notification of In compliance with the percent from the January-June 2004 Paperwork Reduction Act (44 U.S.C. level. Pending Legal Proceedings Pursuant to 17 CFR 1.60, OMB Control No. 3038– 3501 et seq.), this notice announces that the Information Collection Request (ICR) U.S. Imports from the World Are 0033—Extension. abstracted below has been forwarded to Increasing Rapidly in Absolute Terms. The rule is designed to assist the U.S. imports of other synthetic filament Commission in monitoring legal the Office of Management and Budget fabric from all sources increased from proceedings involving the (OMB) for review and comment. The 135,921 thousand square meters in responsibilities imposed on contract ICR describes the nature of the January-June 2004 to 256,020 thousand markets and their officials and futures information collection and its expected square meters in January-June 2005 - an commission merchants and their costs and burden; it includes the actual increase of 88 percent. Over thirty principals by the Commodity Exchange data collection instruments [if any]. percent of this increase was attributable Act, or otherwise. These rules are DATES: Comments must be submitted on to imports from China. promulgated pursuant to the or before October 6, 2005. FOR FURTHER INFORMATION OR A COPY The Average Unit Value of Imports from Commission’s rulemaking authority CONTACT: Lawrence B. Patent, Division China Is Falling in 2005. In 2004, the contained in sections 4a(a), 4i, and 8a(5) average unit value of U.S. other synthetic of the Act, 7 U.S.C. 6a(1), 6i, and 12a(5). of Clearing and Intermediary Oversight, filament fabric imports from China was An agency may not conduct or U.S. Commodity Futures Trading US$2.36 per square meter. In the period sponsor, and a person is not required to Commission, 1155 21st Street, NW., January-June 2005, the average unit respond to, a collection of information Washington, DC 20581, (202) 418–5439; value of those imports fell to US$0.70 unless it displays a currently valid OMB FAX: (202) 418–5536; e-mail: per square meter compared to US$0.77 control number. The OMB control [email protected] and refer to OMB per square meter for ‘‘rest of world’’ numbers for the CFTC’s regulations Control No. 3038–0007. imports. were published on December 30, 1981. SUPPLEMENTARY INFORMATION: See 48 FR 63035 (Dec. 30, 1981). The Title: Rules Relating to Regulation of The U.S. Other Synthetic Filament Federal Register notice with a 60-day Domestic Exchange-Traded Options Fabric Industry is Vulnerable to comment period soliciting comments on (OMB Control No. 3038–0007). This is Increasing Imports. U.S. production fell this collection of information was a request for extension of a currently by 13 percent between the first quarter of 2004 and the first quarter of 2005, published on June 21, 2005 (70 FR approved information collection. Abstract: Rules Relating to Regulation while the share of the market held by 35641). U.S. producers fell by 15 percentage Burden statement: The respondent of Domestic Exchange-Trade Options, points during this period. burden for this collection is estimated to OMB Control No. 3038–0007— average .10 hours per response. Extension. [FR Doc. 05–17692 Filed 9–1–05; 12:04 pm] Respondents/Affected Entities: 235. The rules require futures commission BILLING CODE 3510–DS–S Estimated number of responses: 1. merchants and introducing brokers (1)

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to provide their customers with hold an informal conference followed 5. Mount Laurel Municipal Utilities standard risk disclosure statements by a public hearing on Monday, Authority D–85–9 CP–3. An application concerning the risk of trading September 26, 2005. The hearing will be for the renewal of a ground water commodity interests; and (2) to retain part of the Commission’s regular withdrawal project to continue all promotional material and the source business meeting. Both the conference withdrawal of 120 mg/30 days to supply of authority for information contained session and business meeting are open the applicant’s public supply therein. The purpose of these rules is to to the public and will be held at the distribution system from existing Wells ensure that customers are advised of the Commission’s office building, located at Nos. 3, 4 and 6 and to convert existing risks of trading commodity interests and 25 State Police Drive in West Trenton, Well No. 7 to an Aquifer Storage and to avoid fraud and misrepresentation. New Jersey. Recovery Well. The project is located in These rules are promulgated pursuant to The conference among the the North Branch Pennsauken Creek the Commission’s rulemaking authority commissioners and staff will begin at Watershed in Mount Laurel Township, contained in Sections 4a(a), 4i, and 10:30 a.m. Topics of discussion will Burlington County, New Jersey. 8a(5) of the Act, 7 U.S.C. 6a(1), 6i, and include presentations on Basin Plan 6. Alcan Packaging D–92–14–2. An 12a(5). implementation activities to date, application for the renewal of two of the An agency may not conduct or sedimentology of the Delaware River applicant’s existing Wells Nos. 5A and sponsor, and a person is not required to Estuary, the water supply plan for the 11; Wells Nos. 13, 14, 15 and 16 have respond to, a collection of information State of Delaware, and coordinated been transferred to The Glass Group, unless it displays a currently valid OMB response to a coal ash spill to the Inc. and Wells Nos. 1 and 12 have been control number. The OMB control Delaware River from a settling basin at abandoned and sealed. The total numbers for the CFTC’s regulations PPL’s Martins Creek power plant. combined allocation of 65.3 mg/30 days were published on December 30, 1981. The subjects of the public hearing to for the existing wells has been reduced See 46 FR 63035 (Dec. 30, 1981). The be held during the 1:30 p.m. business to 30.0 mg/30 days. The wells will Federal Register notice with a 60-day meeting include the dockets listed continue to supply the applicant’s comment period soliciting comments on below: manufacturing facility in the Maurice 1. Town of Middletown D–78–64 CP– this collection of information was River Watershed. The project is located 2. An application for approval of a published on June 27, 2005 (70 FR in the city of Millville, Cumberland ground water withdrawal project to 36929). County, New Jersey. (This was NAR’d as supply up to 24 million gallons per Burden statement: The respondent Lawson Mardon Wheaton, Inc. D–92–14 thirty days (mg/30 days) of water to the burden for this collection is estimated to Renewal.) applicant’s public water supply system average .10 hours per response. 7. Newton Country Club D–92–25–2. from new Wells Nos. 4 and 6 and to An application for renewal of a ground Respondents/Affected Entities: 415. increase the existing withdrawal from water and surface water withdrawal Estimated number of responses: all wells to 51 mg/30 days. The project project to continue to supply up to 20,380. is located in the Magothy Aquifer in the 6.167 mg/30 days of water for Estimated total annual burden on Town of Middletown, New Castle supplemental irrigation of the respondents: 7,985 hours. County, Delaware. applicant’s golf course from existing Frequency of collection: On occasion. 2. Hercules Incorporated Research Wells Nos. 1 and 2 in the Martinsburg Send comments regarding the burden Center D–84–28–3. An application for Shale Formation and existing surface estimated or any other aspect of the the renewal of a ground water water Intakes Nos. 1 and 2. The project information collection, including withdrawal project to reduce is located in the Paulins Kill Watershed suggestions for reducing the burden, to withdrawal from 10 mg/30 days to 5 in Andover Township, Sussex County, the addresses listed below. Please refer mg/30 days to supply the applicant’s New Jersey. to OMB Control No. 3038–0007 in any research facility from existing Wells 8. Upper Deerfield Township D–93–16 correspondence. Nos. 8, 9, 10, 13, 14, 15, 18, 19, 20, 21 CP–2. An application for renewal of a Lawrence B. Patent, Division of and 23. The project is located in the Red ground water withdrawal project to Clearing and Intermediary Oversight, Clay Creek Watershed in the City of continue to supply up to 19.8 mg/30 Commodity Futures Trading Wilmington, New Castle County, days to the applicant’s public water Commission, 1155 21st Street, NW., Delaware. supply distribution system from existing Washington, DC 20581 and Office of 3. Town of Middletown D–2003–30 Wells Nos. 3 and 4, located in the Information and Regulatory Affairs, CP. An application for approval of a Cohansey Formation within the Office of Management and Budget, ground water withdrawal project to Cohansey River Watershed in Upper Attention: Desk Officer for CFTC, 725 supply up to 6.48 mg/30 days of water Deerfield Township, Cumberland 17th Street, Washington, DC 20503. to the applicant’s golf course irrigation County, New Jersey. Dated: August 30, 2005. system from new Well No. FH 1 in the 9. Magnesium Elektron, Inc. D–94–73. Jean A. Webb, Magothy Formation. The project is An application for approval of a ground Secretary of the Commission. located in the Appoquinimink River water withdrawal project to supply up [FR Doc. 05–17604 Filed 9–2–05; 8:45 am] Watershed in the Town of Middletown, to 9.8 mg/30 days of water as part of the New Castle County, Delaware. applicant’s ground water remediation BILLING CODE 6351–01–M 4. Ralph Franceschini D–81–49–3. An system and industrial supply from application for the renewal of a ground Wells Nos. 1, 2, 3, 4, 5, 6, 8 and S2. The water withdrawal project to increase project is located in the Wickecheoke DELAWARE RIVER BASIN withdrawal from 5.83 mg/30 days to Creek Watershed in Kingwood COMMISSION 21.3 mg/30 days to supply the Township, Hunterdon County, New Notice of Commission Meeting and applicant’s field crops from existing Jersey. Public Hearing Wells Nos. 1 and 3. The project is 10. Township of Medford D–95–55 located in the Manantico Creek CP–2. An application to replace the Notice is hereby given that the Watershed in the City of Vineland, withdrawal of water from Well No. 4 in Delaware River Basin Commission will Cumberland County, New Jersey. the applicant’s water supply system that

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has become an unreliable source of the use of Well Nos. 2 and 3 as sources, project is located in Price Township, supply and to retain the withdrawal and includes a request to approve the Monroe County, Pennsylvania. limit of 77 mg/30 days from all wells use of replacement Well No. 1, TTW– 18. Upper Gwynedd Township D–91– combined. The project is located in the 1R, which replaces old Well No. 1, 88 CP–2. An application to modify a 4.5 South Branch Rancocas Creek TTW–1. Old Well No. 1, TTW–1, was mgd sewage treatment plant (STP) to Watershed in Medford Township, taken out of service in 1994 due to process up to 7 mgd during wet weather Burlington County, New Jersey. potential contamination. The project is periods, without increasing the annual 11. Six Flags Great Adventure D–96– located in the Glacial Outwash and average flow. The proposed 6. A revised application for a surface Honesdale Formations in the Town of modifications will enable the STP to water withdrawal for irrigation of the Tusten, Sullivan County, New York. continue to provide advanced treatment applicant’s Safari Park. The proposed 15. Borough of Kutztown D–83–23 CP– and meet NPDES permit limitations. project withdrawal is from two existing 3. An application for the renewal of a STP effluent will continue to be intakes on Lahaway Creek, a tributary of ground water withdrawal project to discharged to Wissahickon Creek in the Crosswicks Creek, and to be operated in continue withdrawal of 60 mg/30 days Schuylkill River Watershed. The STP is conjunction with water imported from to supply the applicant’s public water located just north of Township Line Well No. IR–1 located in the Atlantic supply distribution system from existing Road and east of North Wales Road in Basin as well as 18 existing wells for Wells Nos. 1, 2, 3A, 4 and 5 in the Epler Upper Gwynedd Township, washing animals and structures. The and Ontelaunee Formations. The project Montgomery County, Pennsylvania and total combined withdrawal from all is located in the Sacony Creek will continue to serve portions of sources is limited to 11.59 mg/30 days. Watershed in Maxatawny Township, Whitpain and Upper Gwynedd The project is located in Jackson Berks County, Pennsylvania. Townships in Montgomery County. 19. North Penn Water Authority D– Township, Ocean County, New Jersey. 16. Reliant Energy Mid Atlantic Power 12. New Jersey-American Water 92–44 CP–2. An application for the Holdings, LLC D–87–26–2. An Company D–2001–3 CP. An application renewal of a ground water withdrawal application to modify an industrial for approval of a ground water project to continue withdrawal of 280 wastewater and stormwater discharge to withdrawal project to supply up to 4.1 mg/30 days to supply the applicant’s the Schuylkill River from the Titus mg/30 days of water to the applicant’s public water supply distribution system Generating Station. The coal-fired 225 public water distribution system from from 27 existing production wells, 11 recently acquired Well No. 1. The megawatt electric generating station is emergency wells and 1 test well. The project well is located in the Mt. Laurel- located in Cumru Township, Berks project is located in the East Branch Wenonah Aquifer in the North Branch County, Pennsylvania. The docket Perkiomen, Perkiomen, Indian, Rancocas Creek Watershed in holder is currently permitted to Skippack, West Branch Skippack, Pemberton Township, Burlington discharge an average monthly total Zacharias, Towamencin, Wissahickon, County, New Jersey and will continue to dissolved solids (TDS) concentration of Three Mile Run, North Branch serve Sunbury Village. 2,500 milligrams per liter (mg/l) from Neshaminy, West Branch Neshaminy 13. Citgo Asphalt Refining Company Outfall 004, which is used only on an and Pine Run watersheds in Franconia D–2001–27. An application for an intermittent basis. The Pennsylvania Township, Skippack Township, Lower increase in surface water withdrawal Department of Environmental Protection Salford Township, Souderton Borough, from 4.69 mg/30 days to 7.79 mg/30 (PADEP) has based its NPDES permit Towamencin Township, Worcester days for the applicant’s asphalt limits for this outfall on a flow of 1.007 Township, Lansdale Borough, manufacturing process. The water is million gallons per day (mgd). The Montgomery Township, Upper used as industrial non-contact process docket holder has requested Gwynedd Township, East Rockhill water for the purpose of steam modification of its docket to allow an Township, New Britain Township, production to heat storage tanks and increase in its average monthly Hatfield Township, Hilltown Township pipelines in the petroleum refining discharge concentration of TDS to 3,500 and New Britain Borough in Bucks and process. The increase in surface water is mg/l, which equals the existing daily Montgomery counties, Pennsylvania intended to offset the previous use of maximum limit. In support of its and is located in the Southeastern ground water from the Potomac-Raritan- requested modification, the docket Pennsylvania Ground Water Protected Magothy Aquifer from two wells which holder has completed an environmental Area. are now abandoned. Following 10 study that indicates the proposed 20. Pennsylvania American Water percent consumptive loss in the asphalt change would result in no significant Company D–99–30 CP–3. An application refining process, wastewater generated adverse impact on the Schuylkill River. for approval of a ground water from the facility is routed to the No increase in industrial waste withdrawal and water supply Gloucester County Utility Authority treatment plant capacity or modification interconnection project to transfer up to Sewage Treatment Plant for treatment of the facilities is proposed. No increase 1.548 mgd from the applicant’s Glen and discharge to the Delaware River. in cooling water supply or approved Alsace public water supply distribution The applicant will continue to discharge amounts from the docket system in Exeter Township, withdraw water from the tidal portion of holder’s other outfalls is proposed. The Pennsylvania to the applicant’s Mantua Creek adjacent to the facility, project discharges to the Schuylkill Douglasville public water supply approximately 3,000 feet from the River in an area that is conditionally distribution system in Amity Township, Delaware River in West Deptford designated ‘‘Modified Recreational’’ in Pennsylvania. The applicant intends to Township, Gloucester County, New DRBC’s Comprehensive Plan. transfer water derived from existing Jersey. 17. Alpine Mountain Ski Area D–90– ground water sources in the Glen Alsace 14. Narrowsburg Water District D–92– 8–2. An application for the renewal of distribution system, and supplement 81 CP–2. An application for the renewal a surface water withdrawal project to demand in the Glen Alsace distribution of a ground water withdrawal project to continue withdrawal of 15 mg/30 days system from existing interconnections continue withdrawal of 4.11 mg/30 days to supply the applicant’s snow making with the Reading Area Water Authority to supply the applicant’s public water operations from two surface water (45 mg/30 days) and the Mount Penn supply system. The renewal continues intakes in the Brodhead Creek. The Water Authority (6 mg/30 days). The

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applicant requests to retain its existing Resources Program for 2006–2011, as of change in status and Magnolia Energy withdrawal of 50 mg/30 days from all well as consideration of a resolution LP submits a revised tariff sheet to its wells in the Glen Alsace distribution renaming the Flow Management market-based rate tariff. system. The project is located in the Technical Advisory Committee and Filed Date: 08/25/2005. Antietam Creek Watershed in Exeter modifying its membership and a Accession Number: 20050829–0002. Township, Berks County, Pennsylvania. resolution authorizing the executive Comment Date: 5 p.m. eastern time on 21. Buckingham Township D–2003–13 director to enter into memoranda of Thursday, September 15, 2005. CP–2. An application for approval of a agreement with partners in accordance Docket Numbers: ER01–2071–003. ground water withdrawal project to with a U.S. EPA grant for the Applicants: Desert Power. L.P. supply up to 3.5 mg/30 days of water to development of tools for sustainable Description: Desert Power, L.P. the applicant’s public water supply watershed management based upon submits a notification of change in distribution system from new Wells hydrologic relationships in the Pocono status to report a planned modification Nos. F–6 and F–7 in the Lockatong Creek Watershed. to the natural gas-fired, electric Formation. The requested allocation The meeting will also include: generating facility that it owns and represents an increase from 37.5 mg/30 adoption of the Minutes of the July 20, operates. days to 41 mg/30 days. The project is 2005 business meeting; announcements; Filed Date: 08/25/2005. located in the Neshaminy and Pine a report on basin hydrologic conditions; Accession Number: 20050826–0191. Creek watersheds in Buckingham a report by the executive director; a Comment Date: 5 p.m. eastern time on Township, Bucks County, in the report by the Commission’s general Thursday, September 15, 2005. Southeastern Pennsylvania Ground counsel; and an opportunity for public Docket Numbers: ER03–40–001. Water Protected Area. dialogue. Draft dockets and the Applicants: Accent Energy Midwest, 22. Upper Hanover Authority D–2004– resolutions scheduled for public hearing LLC. 17 CP. An application to expand a 0.06 on September 26, 2005 will be posted Description: Accent Energy Midwest, mgd STP to process 0.098 mgd, while on the Commission’s Web site, http:// LLC submits its updated market power improving upon secondary treatment www.drbc.net, where they can be analysis and a revision to its market- via chemical addition for phosphorus accessed through the Notice of based rate tariff. removal. The plant is located on North Commission Meeting and Public Filed Date: 08/25/2005. State Street just outside the northwest Hearing. Additional documents relating Accession Number: 20050829–0008. border of East Greenville Borough in to the dockets and other items may be Comment Date: 5 p.m. eastern time on Upper Hanover Township, Montgomery examined at the Commission’s offices. Thursday, September 15, 2005. County, Pennsylvania. The Perkiomen Please contact William Muszynski at Docket Numbers: ER03–811–004. STP was formerly owned by TTT Realty, 609–883–9500, extension 221, with any Inc. and Pillsbury, Inc. The plant will Applicants: Entergy Services, Inc. docket-related questions. Description: Entergy Services, Inc., on continue to treat wastewater from the Individuals in need of an behalf of Entergy Louisiana, Inc., processing of pierogies, but the accommodation as provided for in the submits a substitute Interconnection additional capacity is needed to serve Americans with Disabilities Act who proposed residential development in and Operating Agreement with wish to attend the informational Upper Hanover Township. Treatment Occidental Chemical Corporation in meeting, conference session or hearings plant effluent will continue to be compliance with the Commission’s should contact the commission discharged to Perkiomen Creek in the Order issued 7/26/05, 112 FERC secretary directly at 609–883–9500 ext. Schuylkill River Watershed via the ¶ 61,125 (2005). 203 or through the Telecommunications existing outfall. Filed Date: 08/25/2005. 23. Bucks County Water and Sewer Relay Services (TRS) at 711, to discuss Accession Number: 20050829–0011. Authority D–2004–39 CP–1. An how the Commission may accommodate Comment Date: 5 p.m. eastern time on application for approval of a ground your needs. Thursday, September 15, 2005. water withdrawal project to supply up Dated: August 29, 2005. Docket Numbers: ER04–938–004. to 0.9 mg/30 days from Well No. 2C, 2.4 Pamela M. Bush, Applicants: California Independent mg/30 days from Well No. 3B, 3.4 mg/ Commission Secretary. System Operator Corporation. 30 days from the Morrissey B Well, 0.9 [FR Doc. 05–17587 Filed 9–2–05; 8:45 am] Description: The California Independent System Operator mg/30 days from the Morrissey C Well, BILLING CODE 6360–01–P 5.2 mg/30 days from the New Hope Corporation submits Second Revised Manor C Well and 1.5 mg/30 days from Sheet No. 204 and Original Sheet No. 204–01 to its FERC Electric Tariff, First the Delaware River intake at the DEPARTMENT OF ENERGY Waterworks Treatment Plant to the Replacement Volume No. 1, in applicant’s public supply distribution Federal Energy Regulatory compliance with the Commission’s system and to limit the existing Commission Order issued 7/26/05, 112 FERC ¶ withdrawal from all sources to 14.3 mg/ 61,136 (2005). 30 days. The project is located in the Notice of Filings Filed Date: 08/25/2005. Rabbit Run and Delaware River Accession Number: 20050829–0005. Watersheds in New Hope Borough, August 30, 2005. Comment Date: 5 p.m. eastern time on Bucks County, Pennsylvania. Take notice that the Commission Thursday, September 15, 2005. In addition to the public hearing on received the following electric rate Docket Numbers: ER05–413–004. the dockets listed above, the filings. Applicants: Southern Company Commission’s 1:30 p.m. business Docket Numbers: ER01–1011–007; Services, Inc. meeting will include public hearings on ER01–1335–005. Description: Southern Company a resolution extending temporary Applicants: Redbud Energy LP; Services, Inc. Submits a Motion to designation of the Lower Delaware River Magnolia Energy LP. Withdraw Compliance Filing and as Special Protection Waters and a Description: Redbud Energy LP and Reinstate Original Agreement. resolution to approve the Water Magnolia Energy LP submit notification Filed Date: 08/25/2005.

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Accession Number: 20050825–5054. and an unexecuted Generator Control from Generation Sources Comment Date: 5 p.m. eastern time on Interconnection Agreement with Federal Service from its natural gas-fired, Thursday, September 15, 2005. Power Avenal, LLC. combined cycle electric generation Docket Numbers: ER05–1029–001. Filed Date: 08/25/2005. facility located in Hot Spring County, Applicants: Midwest Independent Accession Number: 20050829–0001. Arkansas that is currently in the Entergy Transmission System Operator, Inc. Comment Date: 5 p.m. eastern time on Arkansas, Inc. control area. Description: Midwest Independent Thursday, September 15, 2005. Filed Date: 08/25/2005 Transmission System Operator, Inc. Docket Numbers: ER05–1390–000. Accession Number: 20050826–0194. submits Fifth Revised Sheet No. 208 to Applicants: El Paso Electric Company; Comment Date: 5 p.m. eastern time on its FERC Electric Tariff, Third Revised Public Service Company of New Thursday, September 15, 2005. Volume No.1, in compliance with the Mexico; Texas-New Mexico Power Docket Numbers: ER05–1400–000. Commission’s Order issued 7/26/05, 112 Company. Applicants: Sussex Rural Electric FERC ¶ 61,122 (2005). Description: El Paso Electric Cooperative. Filed Date: 08/25/2005. Company, Public Service Company of Description: Sussex Rural Electric Accession Number: 20050826–0190. New Mexico and Texas-New Mexico Cooperative withdraws its Rate Comment Date: 5 p.m. eastern time on Power Company (collectively, Utilities) Schedule No. 1, which was accepted as Thursday, September 15, 2005. submit Second Revised Interconnection a jurisdictional rate schedule, and is no Docket Numbers: ER05–1052–001. Agreement between the Utilities and longer subject to the Commission’s Applicants: Southwest Power Pool, Phelps Dodge Energy Services, LLC; jurisdiction. Inc. Tucson Electric Power Company; PNMR Filed Date: 08/18/2005. Description: Southwest Power Pool, Development and Management Accession Number: 20050819–0086. Inc. (SPP) submits a compliance filing Corporation; and Luna Power Company. Comment Date: 5 p.m. eastern time on providing for a revision to an Filed Date: 08/25/2005. Thursday, September 08, 2005. unexecuted ancillary services agreement Accession Number: 20050826–0216. Any person desiring to intervene or to between SPP, Westar Energy, Inc. and Comment Date: 5 p.m. eastern time on protest in any of the above proceedings Kansas Power Pool, pursuant to the Thursday, September 15, 2005. must file in accordance with Rules 211 Commission’s Order issued 7/26/05, 112 Docket Numbers: ER05–1391–000. and 214 of the Commission’s Rules of FERC ¶ 61,121 (2005). Applicants: Peak Power Generating Practice and Procedure (18 CFR 385.211 Filed Date: 08/25/2005. Company, Inc. and 385.214) on or before 5 p.m. eastern Accession Number: 20050829–0007. Description: Peak Power Generating time on the specified comment date. It Comment Date: 5 p.m. eastern time on Company, Inc. submits a Notice of is not necessary to separately intervene Thursday, September 15, 2005. Cancellation of its FERC Electric Tariff, again in a subdocket related to a Docket Numbers: ER05–1149–001. Original Volume No. 1, originally compliance filing if you have previously Applicants: South Carolina Electric accepted for filing under RAMCO, Inc. intervened in the same docket. Protests and Gas Company. Filed Date: 08/25/2005. will be considered by the Commission Description: South Carolina Electric Accession Number: 20050826–0186. in determining the appropriate action to and Gas Company (SCE&G) submits an Comment Date: 5 p.m. eastern time on be taken, but will not serve to make amendment to its 6/27/2005 filed of an Thursday, September 15, 2005. protestants parties to the proceeding. executed Service Agreement for Network Docket Numbers: ER05–1392–000. Anyone filing a motion to intervene or Integration Transmission Service and a Applicants: Duquesne Light protest must serve a copy of that Network Operating Agreement between Company. document on the Applicant. In reference SCE&G and Central Electric Power Description: Duquesne Light to filings initiating a new proceeding, Cooperative, Inc.. Company submits a notice of interventions or protests submitted on Filed Date: 08/25/2005. cancellation of their Open Access or before the comment deadline need Accession Number: 20050829–0009. Transmission Tariff. not be served on persons other than the Comment Date: 5 p.m. eastern time on Filed Date: 08/25/2005. Applicant. Thursday, September 15, 2005. Accession Number: 20050826–0184. The Commission encourages Docket Numbers: ER05–1165–001. Comment Date: 5 p.m. eastern time on electronic submission of protests and Applicants: South Carolina Electric Thursday, September 15, 2005. interventions in lieu of paper, using the and Gas Company. Docket Numbers: ER05–1393–000. FERC Online links at http:// Description: South Carolina Electric Applicants: Entergy Services, Inc. www.ferc.gov. To facilitate electronic and Gas Company submits a Description: Entergy Services, Inc., on service, persons with Internet access supplement to its 6/29/05 filing of an behalf of Entergy Gulf States, Inc. and who will eFile a document and/or be executed Relay Equipment Agreement Entergy Louisiana, Inc. submits an listed as a contact for an intervenor and a Cross Town Tie Breaker amendment to the System must create and validate an Agreement between SCE&G and the City Interconnection Agreement between eRegistration account using the of Orangeburg, South Carolina, Entergy Gulf States, Inc. and Central eRegistration link. Select the eFiling Department of Public Utilities. Louisiana Electric Company, Inc. link to log on and submit the Filed Date: 08/25/2005. Filed Date: 08/25/2005. intervention or protests. Accession Number: 20050829–0006. Accession Number: 20050826–0185. Persons unable to file electronically Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on should submit an original and 14 copies Thursday, September 15, 2005. Thursday, September 15, 2005. of the intervention or protest to the Docket Numbers: ER05–1388–000. Docket Numbers: ER05–1394–000. Federal Energy Regulatory Commission, Applicants: Pacific Gas and Electric Applicants: KGen Hot Spring LLC. 888 First St. NE., Washington, DC Company. Description: KGen Hot Spring LLC 20426. Description: Pacific Gas and Electric submits a rate schedule under which The filings in the above proceedings Company submits a fully executed specifies its rates for providing cost- are accessible in the Commission’s Generator Special Facilities Agreement based Reactive Support and Voltage eLibrary system by clicking on the

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appropriate link in the above list. They Comment Date: 5 p.m. eastern time on (866) 208–3676 (toll free). For TTY, call are also available for review in the September 7, 2005. (202) 502–8659. Commission’s Public Reference Room in 3. Larswind, LLC Linda Mitry, Washington, DC. There is an eSubscription link on the Web site that [Docket No. EG05–99–000] Deputy Secretary. enables subscribers to receive e-mail Take notice that on August 24, 2005, [FR Doc. E5–4837 Filed 9–2–05; 8:45 am] notification when a document is added Larswind, LLC (Larswind) filed with the BILLING CODE 6717–01–P to a subscribed dockets(s). For Commission an application for assistance with any FERC Online determination of exempt wholesale service, please e-mail generator status pursuant to part 365 of ENVIRONMENTAL PROTECTION [email protected]. or call the Commission regulations. AGENCY Comment Date: 5 p.m. eastern time on (866) 208–3676 (toll free). For TTY, call [FRL–7964–9] (202) 502–8659. September 14, 2005. Linda Mitry, 4. Wisconsin Public Service Clean Air Scientific Advisory Committee; Science Advisory Board Deputy Secretary. Corporation v. Midwest Independent transmission System Operator, Inc. (SAB) Staff Office; Clean Air Scientific [FR Doc. E5–4836 Filed 9–2–05; 8:45 am] Advisory Committee (CASAC) Lead BILLING CODE 6717–01–P [Docket Nos. EL03–40–004 and EL05–51– Review Panel; Request for 004] Nominations Take notice that on August 22, 2005, DEPARTMENT OF ENERGY the Midwest Independent Transmission AGENCY: Environmental Protection System Operator, Inc. (Midwest ISO) Agency (EPA). Federal Energy Regulatory submitted a compliance filing pursuant ACTION: Notice. Commission to the Commission’s Order issued July [Docket Nos. EC05–21–000, et al.] 22, 2005, 112 FERC ¶ 61,093 (2005). SUMMARY: The U.S. Environmental Comment Date: 5 p.m. eastern time on Protection Agency (EPA or Agency) Reliant Energy Wholesale Generation, September 12, 2005. Science Advisory Board (SAB) Staff LLC, et al. Electric Rate and Corporate Office is announcing the formation of Standard Paragraph Filings the Clean Air Scientific Advisory Any person desiring to intervene or to Committee (CASAC) Lead Review Panel August 29, 2005. protest this filing must file in (Panel) and is soliciting nominations for The following filings have been made accordance with Rules 211 and 214 of this Panel. Nominees in response to this with the Commission. The filings are the Commission’s Rules of Practice and request for nominations will be listed in ascending order within each Procedure (18 CFR 385.211, 385.214). considered for membership on the docket classification. Protests will be considered by the CASAC Lead Review Panel. This 1. Reliant Energy Wholesale Commission in determining the process supplements other efforts to Generation, LLC appropriate action to be taken, but will identify qualified candidates for this not serve to make protestants parties to Panel. [Docket No. EC05–21–000] the proceeding. Any person wishing to Take notice that on August 25, 2005, become a party must file a notice of DATES: New nominations should be Reliant Energy Wholesale Generation, intervention or motion to intervene, as submitted by September 27, 2005. LLC tendered for filing a withdrawal of appropriate. Such notices, motions, or FOR FURTHER INFORMATION CONTACT: Any the application filed November 23, 2004 protests must be filed on or before the member of the public wishing further in Docket No. EC05–21–000. comment date. Anyone filing a motion information regarding this Request for Comment Date: 5 p.m. eastern time on to intervene or protest must serve a copy Nominations may contact Mr. Fred September 15, 2005. of that document on the Applicant and Butterfield, Designated Federal Officer (DFO), EPA Science Advisory Board 2. United States Department of Energy all the parties in this proceeding. Staff: by telephone at (202) 343–9994; and Western Area Power The Commission encourages by e-mail at [email protected]; or Administration electronic submission of protests and interventions in lieu of paper using the by mail at the U.S. Environmental [Docket No. EF05–5161–000] ‘‘eFiling’’ link at http://www.ferc.gov. Protection Agency, EPA Science Take notice that on August 17, 2005, Persons unable to file electronically Advisory Board Staff Office (Mail Code the Deputy Secretary of the Department should submit an original and 14 copies 1400F), 1200 Pennsylvania Avenue, of Energy, confirmed and approved Rate of the protest or intervention to the NW., Washington, DC, 20640. General Order No. WAPA–119 and Rate Federal Energy Regulatory Commission, information concerning the CASAC or Schedule SNF–6, placing a non-firm 888 First Street, NE., Washington, DC the SAB can be found on the EPA Web power formula rate from the Stampede 20426. site at: http://www.epa.gov/sab. Powerplant of the Washoe Project of the This filing is accessible on-line at SUPPLEMENTARY INFORMATION: Western Area Power Administration http://www.ferc.gov, using the into effect on an interim basis. Rate ‘‘eLibrary’’ link and is available for Background Schedule SNF–6 will be placed into review in the Commission’s Public The Clean Air Scientific Advisory effect on an interim basis on the first Reference Room in Washington, DC. Committee (CASAC) was established day of the first full billing period There is an ‘‘eSubscription’’ link on the under section 109(d)(2) of the Clean Air beginning on or after October 1, 2005, Web site that enables subscribers to Act (CAA or Act) (42 U.S.C. 7409) as an and will be in effect until the receive e-mail notification when a independent scientific advisory Commission confirms, approves, and document is added to a subscribed committee. CASAC provides advice, places the rate schedule in effect on a docket(s). For assistance with any FERC information and recommendations on final basis through September 30, 2010, Online service, please e-mail the scientific and technical aspects of or until the rate schedule is superseded. [email protected], or call air quality criteria and national ambient

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air quality standards (NAAQS) under Technical Contact of lead in the digestive tract and lungs, sections 108 and 109 of the Act. The Any questions concerning the AQCD including knowledge of digestive CASAC Lead Review Panel will consist for Lead should be directed to Dr. processes that affect the form of lead of the seven members of the chartered Robert Elias, NCEA–RTP, at phone: thus making it more (or less) available CASAC, supplemented by additional (919) 541–4167; or e-mail: for absorption. Experience on the fate of subject matter experts. This solicitation [email protected]. NCEA–RTP inhaled particles is also desirable, is seeking nominations for the expects to release and post the First including olfactory uptake. additional experts. The CASAC is a (3) Internal biokinetic distribution Draft Lead AQCD on the NCEA Web site Federal advisory committee chartered and physiological effects of lead. at: http://www.epa.gov/ncea/ for under the Federal Advisory Committee Expertise on the physiological processes external review in January 2006. Act (FACA), as amended, 5 U.S.C., App. that determine the distribution of The CASAC Lead Review Panel will Nominator’s Assessment of Expertise absorbed lead among the various organs comply with the provisions of FACA The SAB Staff Office requests and tissues of the human body. This and all appropriate SAB Staff Office nominees who are nationally-recognized would include expertise on the procedural policies. experts in one or more of the following mechanisms of transport within the The CAA Act requires periodic review disciplines: human body, the organs and tissues that and, if appropriate, revision of the (a) Chemistry, environmental sources, accumulate significant amounts of lead, criteria and NAAQS for lead. EPA’s Air transport and deposition of lead. the concentrations at the organ/tissue Quality Criteria Document (AQCD) for Includes expertise in: (1) Inorganic and level that might impair physiological Lead was first published in 1978, and organometallic chemistry of lead; (2) processes, and the residence times (or revised in 1986. An addendum was methods of measuring environmental other measures of potential impact) of published in 1986, and a Supplement to lead in these tissues and organs. the Lead AQCD was published in 1990. sources and source strengths from smelters, coal combustion plants, Expertise on the various mechanisms The latter document evaluated lead and routes of elimination and the effects on cardiovascular endpoints, vehicles (historic and modern) and natural sources; (3) atmospheric mechanisms of this elimination is pregnancy, and early postnatal desirable. exposures. The 1990 supplement did transport, including methods of detecting transported lead (e.g., isotope (4) Tissue concentrations of lead. not lead to revision of the primary and Includes expertise on measurement secondary lead standards issued in analysis) in the gas phase, liquid phase, particle phase (both primary and methods and observed concentrations 1978. The National Center for for various biological tissues, including Environmental Assessment, Research resuspended); and (4) deposition of lead, including measurement of blood, teeth, and bone lead Triangle Park, NC (NCEA-RTP), in concentrations and lead levels in soft EPA’s Office of Research and deposition rate as a function of surface properties. tissues such as brain, kidney, etc. Development, released a draft Project (5) Human growth and activity (b) Multimedia routes of human Work Plan for Revised Air Quality patterns. Expertise on growth patterns exposure to lead. Includes knowledge of Criteria for Lead in January 2005. The and typical human activity patterns measurement methods (e.g., air chartered CASAC conducted a from prenatal to elderly, including sampling methodology) and observed consultation on this draft work plan on recreational, occupational, leisurely, environmental concentrations for March 28, 2005. The Agency is and household activities. This would multimedia human exposure pathways scheduled to release the First External include knowledge of published data via inhalation and ingestion (relevant Review Draft AQCD for Lead (First Draft and of modeling applications. concentrations for various sources: soil, Lead AQCD) in January 2006. At that (6) Exposure assessment modeling. dust, drinking water, food, as well as time, the Agency will also invite public Expertise and experience in measuring others such as lead-based paint, pica for comments on the First Draft Lead human population exposure to lead paint or soil, etc.). AQCD. The Agency has asked CASAC to and/or in modeling human exposure to (c) Modeling of multimedia human peer-review the First Draft Lead AQCD ambient and indoor pollutants. exposure uptake/absorption of lead to at a public meeting in May 2006. Expertise in relating indicators of predict internal biokinetic distribution The SAB Staff Office is announcing human exposure to potential health (blood/bone lead burdens): the formation of the CASAC Lead outcomes and quantification of risk (1) Lead exposure pathway Review Panel to review the criteria and related to adverse health outcomes. the Agency’s Staff Paper for Lead. The assessment. Expertise in the physical (d) Lead-induced health effects. Staff Paper for Lead evaluates policy and chemical properties of lead and the Experience in epidemiologic/clinical implications of the key scientific and biogeochemical processes involved in evaluation and/or evaluation in technical information contained in the the pathways involved in human laboratory animals or in in vitro test AQCD for Lead. As such, the staff paper exposure to lead. These pathways systems of lead-induced effects on: bridges the gap between the science in include: (1) Neurological development and the Lead AQCD, and the public health (i) Air (both direct inhalation and other neurological endpoints; and welfare policy judgments that the deposition to surfaces likely to be (2) Cardiovascular function; EPA Administrator must also consider contacted by humans); (3) Immune system function; when reviewing the Lead National (ii) drinking water (from typical (4) Heme synthesis; Ambient Air Quality Standard sources including municipal systems, (5) Genotoxic effects; and (NAAQS). bottled water, public drinking fountains, (6) Carcinogenicity. The SAB Staff Office is soliciting and private wells); (e) Risk assessment and uncertainty nominations for qualified scientists to (iii) food (including market sources, characterization. Expertise in human serve on the CASAC Lead Review Panel. home gardens and recreational and health risk assessment for lead or other The CASAC Lead Review Panel will subsistence fishing/hunting); and pollutants causing non-cancer and operate for two to four years, and will (iv) soil/dust ingestion. cancer health effects, including be provided with a separate charge for (2) Lead uptake/absorption. Expertise Bayesian statistical approaches and each review or project. in the processes of uptake or absorption biostatistics. Expertise in designing

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uncertainty characterization frameworks vitae (C.V.) which provides the provided by candidates, and for complex multi-media health nominee’s background, qualifications, background information independently- assessments involving use of PBPK relevant research expertise and gathered by the SAB Staff Office on each models, empirical data, publications for service on the Panel; candidate (e.g., financial disclosure microenvironmental exposure modeling and a brief biographical sketch information and computer searches to and concentration-response functions (‘‘biosketch’’). The biosketch should be evaluate a nominee’s prior involvement drawing on both toxicological and no longer than one page and should with the topic under review). Specific epidemiological data. Specific areas of contain the following information for criteria to be used in evaluating Short expertise should include probabilistic the nominee: List candidates for Panel membership (a) Current professional affiliations methods and Bayesian techniques. include: (a) Scientific and/or technical (f) Evaluation of environmental effects and positions held; of lead on terrestrial and aquatic (b) Area(s) of expertise, and research expertise, knowledge, and experience ecosystems. Includes expertise and/or activities and publications relevant to (primary factors); (b) availability and knowledge of most current methods and the Panel; willingness to serve; (c) absence of state-of-the-science for assessing: modes (c) Leadership positions in national financial conflicts of interest; (d) of action of lead in plants, animals, and associations or professional publications absence of an appearance of a lack of microorganisms; exposure of aquatic or other significant distinctions; impartiality; and (e) skills working in and terrestrial organisms to lead in (d) Educational background, committees, subcommittees and various forms and from various sources; especially advanced degrees, including advisory panels; and, for the Panel as a bioavailability of lead and factors which when and from which institutions these whole, (f) diversity of, and balance modify the lead uptake by aquatic and were granted; among, scientific expertise, viewpoints, terrestrial ecosystems; ecosystem (e) Service on other advisory etc. committees or professional societies, responses at a range of spatial and Prospective candidates will also be temporal scales; lead sources, fate, especially those associated with issues required to fill-out the ‘‘Confidential transport, and mobility using stable under discussion in this review; and Financial Disclosure Form for Special isotopes; and critical loads for lead in (f) Sources of recent (i.e., within the aquatic and terrestrial ecosystems. preceding two years) grant and/or other Government Employees Serving on (g) Evaluation of economic effects of contract support, from government, Federal Advisory Committees at the lead. Experience in evaluating economic industry, academia, etc., including the U.S. Environmental Protection Agency’’ effects of lead on consumptive-use topic area of the funded activity. (EPA Form 3110–48). This confidential ecological entities such as agriculture, Please note that even negative form allows Government officials to commercial forests, aquaculture, shell responsive information (e.g., no recent determine whether there is a statutory fisheries, and commercial fisheries; and grant or contract funding) should be conflict between that person’s public ability to monetize non-consumptive- indicated on the biosketch (by ‘‘N/A’’ or responsibilities (which includes use ecological entities such as ‘‘None’’). Incomplete biosketches will membership on an EPA Federal recreation, aesthetics, biodiversity, and not be considered. The EPA SAB Staff advisory committee) and private other ecological goods and services that Office will acknowledge receipt of interests and activities, or the are not typically assigned a monetary nominations. appearance of a lack of impartiality, as value. The credentials of nominees received defined by Federal regulation. The form in reply to this notice will be compared may be viewed and downloaded from Process and Deadline for Submitting to the specific expertise sought for the the following URL address: http:// Nominations CASAC Lead Review Panel. Qualified www.epa.gov/sab/sge_course/pdf_sge/ Any interested person or organization nominees will be included in a smaller _ may nominate qualified individuals to subset (known as the ‘‘Short List’’). The epaform3110 48.pdf. add expertise to the CASAC Lead Short List will be posted on the SAB The approved policy under which the Review Panel in the areas of expertise Web site at: http://www.epa.gov/sab, EPA SAB Office selects subcommittees described above. Nominations should be and will include, for each candidate, the and review panels is described in the submitted in electronic format through nominee’s name and their biosketch. following document: Overview of the the SAB Web site at the following URL: Public comments will be accepted for 21 Panel Formation Process at the http://www.epa.gov/sab; or directly via calendar days on the Short List. During Environmental Protection Agency the Form for Nominating Individuals to this comment period, the public will be Science Advisory Board (EPA–SAB–EC– Panels of the EPA Science Advisory requested to provide relevant 02–010), which is posted on the SAB Board link found at URL: http:// information or other documentation on Web site at: http://www.epa.gov/sab/ www.epa.gov/sab/panels/ nominees that the SAB Staff Office pdf/ec02010.pdf. paneltopics.html. Please follow the should consider in evaluating instructions for submitting nominations candidates. Panelists will be selected Dated: August 30, 2005. carefully. To be considered, from the Short List. Anthony Maciorowski, nominations should include all of the For the EPA SAB Staff Office, a Acting Director, EPA Science Advisory Board information required on the associated balanced subcommittee or review panel Staff Office. forms. Anyone unable to submit includes candidates who possess the [FR Doc. 05–17615 Filed 9–2–05; 8:45 am] nominations using the electronic form necessary domains of knowledge, the BILLING CODE 6560–50–P and who has any questions concerning relevant scientific perspectives (which, the nomination process may contact Mr. among other factors, can be influenced Fred Butterfield, DFO, as indicated by work history and affiliation), and the above in this notice. Nominations collective breadth of experience to should be submitted in time to arrive no adequately address the charge. In later than September 27, 2005. establishing the final Panel, the SAB To be considered, all nominations Staff Office will consider public should include: a current curriculum responses to the Short List, information

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ENVIRONMENTAL PROTECTION for making oral presentations will be issues, identify criteria for narrowing AGENCY accepted up to 2 business days prior to the list of detection and quantitation each meeting date. In general, each procedures, discuss how pilot testing of [FRL–7965–1] individual making an oral presentation promising procedures might occur, and Federal Advisory Committee To will be limited to a total of three assign tasks to the Technical Work Examine Detection and Quantitation minutes. Group to carry out before the December 8 and 9 meeting. When the advisory Approaches in Clean Water Act Submitting Comments Programs committee reconvenes in December, the Written comments may be submitted agenda is expected to include the AGENCY: Environmental Protection electronically, by mail, or through hand following matters. On December 8, Agency (EPA). delivery/courier. Follow the detailed 2005, the Technical Work Group will ACTION: Notice; FACA Committee instructions as provided in section I.B of report on assignments from the Meeting Announcement. the SUPPLEMENTARY INFORMATION section. September 28–29 advisory committee Written comments will be accepted up meeting, including analysis of detection SUMMARY: As required by the Federal to two business days prior to each and quantitation approaches and Advisory Committee Act, Public Law meeting date. procedures. On December 9, 2005, the 92–463, the Environmental Protection FOR FURTHER INFORMATION CONTACT: meeting will include discussions Agency is announcing two meetings of Marion Kelly, Engineering and Analysis concerning the Technical Work Group’s the Federal Advisory Committee on Division, Mail Code 4303T, reports and further assignments to the Detection and Quantitation Approaches Environmental Protection Agency, 1200 Technical Work Group to carry out and Uses in Clean Water Act (CWA) Pennsylvania Ave., NW., Washington, before the next advisory committee Programs. DC 20460; Telephone number: (202) meeting. Agendas for the two meetings DATES: Two meetings of the Federal 566–1045; Fax number: (202) 566–1053; are available on the Internet at http:// Advisory Committee on Detection and E-mail address: www.epa.gov/methods/det. [email protected]; Richard Quantitation Approaches and Uses in A. How Can I Get Copies of Related Reding, Designated Federal Officer, Clean Water Act (CWA) Programs will Information? be held on Thursday and Friday, Environmental Protection Agency, September 29, 2005, and September 30, Office of Water, Mail Code 4303T, 1200 1. Docket. EPA has established an 2005, and on December 8, 2005 and Pennsylvania Ave., NW., Washington, official public docket for this committee December 9, 2005. The meeting on DC 20460; Telephone number: (202) under Docket ID NO. OW–2004–0041. September 29, will be from 9 a.m. until 566–2237; Fax number: (202) 566–1054; The official public docket consists of the 5 p.m. e.d.t.; and on September 30, E-mail address: documents specifically referenced in 2005, from 8 a.m. to 4 p.m. e.d.t.; and [email protected]. this action, any public comments the meeting on December 8, 2005, will SUPPLEMENTARY INFORMATION: received, and other information related be from 9 a.m. until 5 p.m.; and on to this action. Documents in the official December 9, 2005, will be from 9 a.m. I. General Information public docket are listed in the index in until 5 p.m. All times are eastern time. This notice announces two meetings EPA’s electronic public docket and ADDRESSES: The September 2005 and of the Federal Advisory Committee on comment system, EDOCKET. December 2005 meetings of the Detection and Quantitation Procedures Documents are available either Committee will be held at the L. and Uses in Clean Water Act (CWA) electronically or in hard copy. William Seidman Center, 3501 North Programs. The purpose of these Electronic documents may be viewed Fairfax Drive, Arlington, Virginia, across meetings is to evaluate and recommend through EDOCKET. Hard copies of the from the Virginia Square Metro stop on detection and quantitation procedures draft agendas may be viewed at the EPA the Orange line. Members of the public for use in EPA’s analytical methods Docket Center (EPA/DC), EPA West, may attend this meeting in person or via programs for compliance monitoring Room B102, 1301 Constitution Ave., teleconference. The public may obtain under 40 CFR part 136. The Committee NW., Washington, DC. The EPA Docket the call-in number and access code for will analyze and evaluate relevant Center Public Reading Room is open the teleconference lines from Marion scientific and statistical approaches, from 8:30 am to 4:30 pm, Monday Kelly, whose contact information is protocols, review data and through Friday, excluding legal listed under FOR FURTHER INFORMATION interpretations of data using current and holidays. The telephone number for the CONTACT section of this notice. recommended approaches. The major Public Reading Room is (202) 566–1744, Document Availability: The draft objectives are to provide advice and and the telephone number for the OW agenda for this meeting is provided in recommendations to the EPA Docket is (202) 566–2426. the General Information section of this Administrator on policy issues related 2. Electronic Access. You may access notice or may be obtained from Marion to detection and quantitation, and this Federal Register document Kelly whose contact information is scientific and technical aspects of electronically through the EPA Internet listed under FOR FURTHER INFORMATION procedures for detection and under the ‘‘Federal Register’’ listings at CONTACT section of this notice. The draft quantitation. http://www.epa.gov/fedrgstr/. agenda may also be viewed through The draft agenda for September 29 An electronic version of the public EDOCKET, as provided in section I.A. of includes a report from the state caucus docket is available through EDOCKET. the SUPPLEMENTARY INFORMATION section on how states use detection and You may use EDOCKET at http:// of this notice. quantitation approaches; it also includes www.epa.gov/edocket/. To submit or Any member of the public interested reports from the committee’s Technical view public comments, access the index in making an oral presentation at the Work Group on draft definitions of listing of the contents of the official Committee meeting may contact Richard terms and an initial analysis of public docket, and to access those Reding, whose contact information is detection and quantitation procedures. documents in the public docket that are listed under FOR FURTHER INFORMATION On September 30, the advisory available electronically. Once in the CONTACT section of this notice. Requests committee is expected to discuss policy system, select ‘‘search,’’ then key in the

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appropriate docket identification clarification, EPA may not be able to request accommodation of a disability, number (OW–2004–0041). consider your comment. at least ten days prior to the meeting, to For those wishing to make public i. EDOCKET. Your use of EPA’s give EPA as much time as possible to comments, it is important to note that electronic public docket to submit process your request. comments to EPA electronically is EPA’s policy is that comments, whether Dated: August 26, 2005. submitted electronically or on paper, EPA’s preferred method for receiving Richard Reding, will be made available for public comments. Go directly to EDOCKET at viewing in EPA’s electronic public http://www.epa.gov/edocket/, and Designated Federal Officer. docket as EPA receives them and follow the online instructions for [FR Doc. 05–17616 Filed 9–2–05; 8:45 am] without change, unless the comment submitting comments. To access EPA’s BILLING CODE 6560–50–P contains copyrighted material, electronic public docket from the EPA confidential business information (CBI), Internet Home Page, http:// or other information whose disclosure is www.epa.gov, select ‘‘Information ENVIRONMENTAL PROTECTION restricted by statute. When EPA Sources,’’ ‘‘Dockets,’’ and ‘‘EDOCKET.’’ AGENCY identifies a comment containing Once in the system, select ‘‘search,’’ and copyrighted material, EPA will provide then key in Docket ID No. OW–2004– [OPP–2005–0084; FRL–7730–5] a reference to that material in the 0041. The system is an anonymous version of the comment that is placed in access system, which means EPA will Dimethoate Revised Risk EPA’s electronic public docket. The not know your identity, e-mail address, Assessments; Notice of Availability entire printed comment, including the or other contact information unless you and Solicitation of Risk Reduction copyrighted material, will be available provide it in the body of your comment. Options in the public docket. ii. E-mail. Comments may be sent by electronic mail (e-mail) to Public comments submitted on AGENCY: Environmental Protection [email protected], Attention Docket computer disks mailed or delivered to Agency (EPA). ID No. OW–2004–0041. In contrast to the Docket will be transferred to EPA’s EPA’s electronic public docket, EPA’s e- ACTION: Notice. electronic public docket. Written public mail system is not an anonymous access comments mailed or delivered to the system. If you send an e-mail comment SUMMARY: This notice announces the Docket will be scanned and placed in directly to the docket without going EPA’s electronic public docket. availability of EPA’s revised risk through EPA’s electronic public docket, assessments for the organophosphate B. How and to Whom Do I Submit EPA’s e-mail system automatically pesticide dimethoate. In addition, this Comments? captures your e-mail address. E-mail notice solicits public comment on risk addresses that are automatically You may submit comments reduction options for dimethoate. The captured by EPA’s e-mail system are public is encouraged to suggest risk electronically, by mail, or through hand included as part of the comment that is delivery/courier. To ensure proper management ideas or proposals to placed in the official public docket, and address the risks identified. EPA is receipt by EPA, identify the appropriate made available in EPA’s electronic docket identification number (OW– developing an Interim Reregistration public docket. Eligibility Decision (IRED) for 2004–0041) in the subject line on the iii. Disk or CD ROM. You may submit first page of your comment. Please dimethoate through the full, 6–Phase comments on a disk or CD ROM mailed public participation process that the ensure that your comments are to the mailing address identified in submitted within the specified comment Agency uses to involve the public in section I.B.2 of this notice. These developing pesticide reregistration and period. electronic submissions will be accepted 1. Electronically. If you submit an tolerance reassessment decisions. in Word, WordPerfect or rich text files. Through these programs, EPA is electronic comment as prescribed Avoid the use of special characters and below, EPA recommends that you ensuring that all pesticides meet current any form of encryption. health and safety standards. include your name, mailing address, 2. By Mail. Send your comments to: and an e-mail address or other contact U.S. Environmental Protection Agency, DATES: Comments must be received on information in the body of your OW Docket, EPA Docket Center (EPA/ or before November 7, 2005. comment. Also include this contact DC), Mail Code: 28221T, 1200 ADDRESSES: information on the outside of any disk Pennsylvania Ave., NW., Washington, Comments, identified by or CD ROM you submit, and in any DC, 20460, Attention Docket ID No. docket identification (ID) number OPP– cover letter accompanying the disk or OW–2004–0041. 2005–0084, may be submitted CD ROM. This ensures that you can be 3. By Hand Delivery or Courier. electronically, by mail, or through hand identified as the submittor of the Deliver your comments to: EPA Docket delivery/courier. Follow the detailed comment, and it allows EPA to contact Center (EPA/DC), Room B102, EPA West instructions as provided in Unit I. of the you if further information on the Building, 1301 Constitution Avenue, SUPPLEMENTARY INFORMATION. substance of the comment is needed or NW., Washington, DC, Attention Docket FOR FURTHER INFORMATION CONTACT: if your comment cannot be read due to ID No. OW–2004–0041 (note: this is not Stephanie Plummer, Special Review technical difficulties. EPA’s policy is a mailing address). Such deliveries are and Reregistration Division (7508C), that EPA will not edit your comment, only accepted during the docket’s Office of Pesticide Programs, and any identifying or contact normal hours of operation as identified Environmental Protection Agency, 1200 information provided in the body of a in section I.A.1 of this notice. Pennsylvania Ave., NW., Washington, comment will be included as part of the Information on Services for DC 20460–0001; telephone number: comment placed in the official public Individuals with Disabilities: For (703) 305–0076; fax number: (703) 308– docket and made available in EPA’s information on access or services for 7042; e-mail address: electronic public docket. If EPA cannot individuals with disabilities, please [email protected]. read your comment due to technical contact Marion Kelly at (202) 566–1045 difficulties and cannot contact you for or email: [email protected] to SUPPLEMENTARY INFORMATION:

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I. General Information will not be available for public viewing consider these late comments. If you in EPA’s electronic public docket. EPA’s wish to submit CBI or information that A. Does this Action Apply to Me? policy is that copyrighted material will is otherwise protected by statute, please This action is directed to the public not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do in general, and may be of interest to a docket but will be available only in not use EPA Dockets or e-mail to submit wide range of stakeholders including printed, paper form in the official public CBI or information protected by statute. environmental, human health, and docket. To the extent feasible, publicly 1. Electronically. If you submit an agricultural advocates; the chemical available docket materials will be made electronic comment as prescribed in this industry; pesticide users; and members available in EPA’s electronic public unit, EPA recommends that you include of the public interested in the sale, docket. When a document is selected your name, mailing address, and an e- distribution, or use of pesticides. Since from the index list in EPA Dockets, the mail address or other contact others also may be interested, the system will identify whether the information in the body of your Agency has not attempted to describe all document is available for viewing in comment. Also include this contact the specific entities that may be affected EPA’s electronic public docket. information on the outside of any disk by this action. If you have any questions Although not all docket materials may or CD ROM you submit, and in any regarding the applicability of this action be available electronically, you may still cover letter accompanying the disk or to a particular entity, consult the person access any of the publicly available CD ROM. This ensures that you can be listed under FOR FURTHER INFORMATION docket materials through the docket identified as the submitter of the CONTACT. facility identified in Unit I.B.1. EPA comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing in case EPA cannot read your comment Document and Other Related electronic access to all of the publicly due to technical difficulties or needs Information? available docket materials through further information on the substance of EPA’s electronic public docket. your comment. EPA’s policy is that EPA 1. Docket. EPA has established an For public commenters, it is will not edit your comment, and any official public docket for this action important to note that EPA’s policy is identifying or contact information under docket ID number OPP–2005– that public comments, whether provided in the body of a comment will 0084. The official public docket consists submitted electronically or in paper, be included as part of the comment that of the documents specifically referenced will be made available for public is placed in the official public docket, in this action, any public comments viewing in EPA’s electronic public and made available in EPA’s electronic received, and other information related docket as EPA receives them and public docket. If EPA cannot read your to this action. Although a part of the without change, unless the comment comment due to technical difficulties official docket, the public docket does contains copyrighted material, CBI, or and cannot contact you for clarification, not include Confidential Business other information whose disclosure is EPA may not be able to consider your Information (CBI) or other information restricted by statute. When EPA comment. whose disclosure is restricted by statute. identifies a comment containing i. EPA Dockets. Your use of EPA’s The official public docket is the copyrighted material, EPA will provide electronic public docket to submit collection of materials that is available a reference to that material in the comments to EPA electronically is for public viewing at the Public version of the comment that is placed in EPA’s preferred method for receiving Information and Records Integrity EPA’s electronic public docket. The comments. Go directly to EPA Dockets Branch (PIRIB), Rm. 119, Crystal Mall entire printed comment, including the at http://www.epa.gov/edocket/, and #2, 1801 S. Bell St., Arlington, VA. This copyrighted material, will be available follow the online instructions for docket facility is open from 8:30 a.m. to in the public docket. submitting comments. Once in the 4 p.m., Monday through Friday, Public comments submitted on system, select ‘‘search,’’ and then key in excluding legal holidays. The docket computer disks that are mailed or docket ID number OPP–2005–0084. The telephone number is (703) 305–5805. delivered to the docket will be system is an ‘‘anonymous access’’ 2. Electronic access. You may access transferred to EPA’s electronic public system, which means EPA will not this Federal Register document docket. Public comments that are know your identity, e-mail address, or electronically through the EPA Internet mailed or delivered to the docket will be other contact information unless you under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic provide it in the body of your comment. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ii. E-mail. Comments may be sent by An electronic version of the public objects will be photographed, and the e-mail to [email protected], docket is available through EPA’s photograph will be placed in EPA’s Attention: Docket ID Number OPP– electronic public docket and comment electronic public docket along with a 2005–0084. In contrast to EPA’s system, EPA Dockets. You may use EPA brief description written by the docket electronic public docket, EPA’s e-mail Dockets at http://www.epa.gov/edocket/ staff. system is not an ‘‘anonymous access’’ to submit or view public comments, system. If you send an e-mail comment access the index listing of the contents C. How and to Whom Do I Submit directly to the docket without going of the official public docket, and to Comments? through EPA’s electronic public docket, access those documents in the public You may submit comments EPA’s e-mail system automatically docket that are available electronically. electronically, by mail, or through hand captures your e-mail address. E-mail Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper addresses that are automatically then key in the appropriate docket ID receipt by EPA, identify the appropriate captured by EPA’s e-mail system are number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket. information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address

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identified in Unit I.C.2. These electronic 3. Provide any technical information 2. Risks to occupational handlers for submissions will be accepted in and/or data you used that support your some handler scenarios exceed the level WordPerfect or ASCII file format. Avoid views. of concern. the use of special characters and any 4. If you estimate potential burden or 3. Post-application risks for some form of encryption. costs, explain how you arrived at your exposure scenarios exceed the level of 2. By mail. Send your comments to: estimate. concern. Public Information and Records 5. Provide specific examples to 4. The Agency’s ecological levels of Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. concern are exceeded for birds on an of Pesticide Programs (OPP), 6. Offer alternatives. acute and chronic basis, mammals on an Environmental Protection Agency, 1200 7. Make sure to submit your acute and chronic basis, freshwater fish Pennsylvania Ave., NW., Washington, comments by the comment period on a chronic basis, and freshwater DC 20460–0001, Attention: Docket ID deadline identified. invertebrates on an acute and chronic Number OPP–2005–0084. 8. To ensure proper receipt by EPA, basis. 3. By hand delivery or courier. Deliver identify the appropriate docket ID In targeting these risks of concern, the your comments to: Public Information number in the subject line on the first Agency solicits information on effective and Records Integrity Branch (PIRIB), page of your response. It would also be and practical risk reduction measures. Office of Pesticide Programs (OPP), helpful if you provided the name, date, EPA is applying the principles of Environmental Protection Agency, Rm. and Federal Register citation related to public participation to all pesticides 119, Crystal Mall #2, 1801 S. Bell St., your comments. undergoing reregistration and tolerance Arlington, VA, Attention: Docket ID reassessment. The Agency’s Pesticide II. Background Number OPP–2005–0084. Such Tolerance Reassessment and deliveries are only accepted during the A. What Action is the Agency Taking? Reregistration; Public Participation Process, published in the Federal docket’s normal hours of operation as EPA is making available the Agency’s identified in Unit I.B.1. Register on May 14, 2004, (69 FR 26819) revised risk assessments, initially made (FRL–7357–9), explains that in D. How Should I Submit CBI to the available to the public for comment conducting these programs, EPA is Agency? through a technical briefing on tailoring its public participation process Do not submit information that you December 14, 1999, as well as related to be commensurate with the level of consider to be CBI electronically documents for dimethoate. EPA also is risk, extent of use, complexity of issues, through EPA’s electronic public docket soliciting public comment on risk and degree of public concern associated or by e-mail. You may claim reduction options for dimethoate, with each pesticide. Due to its uses, information that you submit to EPA as namely, possible ways to mitigate risks, and other factors, dimethoate is CBI by marking any part or all of that drinking water risks, risks to workers, being reviewed through the full 6–Phase information as CBI (if you submit CBI and risks to wildlife, as well as any data public participation process. on disk or CD ROM, mark the outside that may be available on the rate of All comments should be submitted of the disk or CD ROM as CBI and then conversion of dimethoate to omethoate using the methods in Unit I. of the identify electronically within the disk or during drinking water treatment. EPA SUPPLEMENTARY INFORMATION, and must CD ROM the specific information that is developed the risk assessments for be received by EPA on or before the CBI). Information so marked will not be dimethoate as part of its public process comment period deadline. Comments disclosed except in accordance with for making pesticide reregistration and proposals will become part of the procedures set forth in 40 CFR part 2. eligibility and tolerance reassessment official public docket for dimethoate. In addition to one complete version of decisions. Through these programs, EPA Comments received after the close of the the comment that includes any is ensuring that pesticides meet current comment period will be marked ‘‘late.’’ information claimed as CBI, a copy of standards under the Federal Insecticide, EPA is not required to consider these the comment that does not contain the Fungicide, and Rodenticide Act (FIFRA) late comments. information claimed as CBI must be and the Federal Food, Drug, and After considering comments received, submitted for inclusion in the public Cosmetic Act (FFDCA), as amended by EPA will develop and issue for docket and EPA’s electronic public the Food Quality Protection Act of 1996 comment the dimethoate IRED. The docket. If you submit the copy that does (FQPA). decisions presented in this IRED may be not contain CBI on disk or CD ROM, Dimethoate is a systemic supplemented by further risk mitigation mark the outside of the disk or CD ROM organophosphate insecticide used for measures when EPA considers its clearly that it does not contain CBI. control of a wide variety of insect pests cumulative assessment of the Information not marked as CBI will be on a number of fruit, vegetable, grain, organophosphate pesticides. included in the public docket and EPA’s and field crops, as well as ornamentals and non-cropland adjacent to B. What is the Agency’s Authority for electronic public docket without prior Taking this Action? notice. If you have any questions about agricultural fields. CBI or the procedures for claiming CBI, EPA is providing an opportunity, Section 4(g)(2) of FIFRA, as amended, please consult the person listed under through this notice, for interested directs that, after submission of all data FOR FURTHER INFORMATION CONTACT. parties to provide risk management concerning a pesticide active ingredient, proposals or otherwise comment on risk ‘‘the Administrator shall determine E. What Should I Consider as I Prepare management for dimethoate. Risks of whether pesticides containing such My Comments for EPA? concern associated with the use of active ingredient are eligible for You may find the following dimethoate are as follows: reregistration,’’ before calling in product suggestions helpful for preparing your 1. Dietary risks from food and specific data on individual end-use comments: drinking water together exceed the products and either reregistering 1. Explain your views as clearly as Agency’s level of concern on an acute products or taking other ‘‘appropriate possible. basis for all population subgroups, and regulatory action.’’ 2. Describe any assumptions that you on a chronic basis for infants and Section 408(q) of the FFDCA, 21 used. children. U.S.C. 346a(q), requires EPA to review

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tolerances and exemptions for pesticide National Environmental Policy Act is be reported on the notice of intent to be residues in effect as of August 2, 1996, also available at the above Internet covered. Unmeasurable de minimis to determine whether the tolerance or address or by mail from the address discharges of drilling fluids such as exemption meets the requirements of listed below. wind blown splatters from pipe racks section 408(b)(2) or (c)(2) of FFDCA. FOR FURTHER INFORMATION CONTACT: Ms. are authorized. A number of minor This review is to be completed by Diane Smith, EPA Region 6, 1445 Ross typographical changes and clarifications August 3, 2006. Avenue, Dallas, Texas 75202, were also made to the permit’s language. List of Subjects Telephone: (214) 665–7191, or via e- Dated: August 26, 2005. mail to the following address: Miguel I. Flores, Environmental protection, [email protected]. Dimethoate, Pesticides and pests. Director, Water Quality Protection Division, SUPPLEMENTARY INFORMATION: Region 6. Dated: August 30, 2005. Regulated Entities. Entities potentially [FR Doc. 05–17614 Filed 9–2–05; 8:45 am] Debra Edwards, regulated by this action are those which BILLING CODE 6560–50–P Director, Special Review and Reregistration operate offshore oil and gas extraction Division, Office of Pesticide Programs. facilities located in the territorial seas [FR Doc. 05–17545 Filed 9–1–05; 9:12 am] off Texas. BILLING CODE 6560–50–S FARM CREDIT ADMINISTRATION Examples of regulated Category entities Farm Credit Administration Board; ENVIRONMENTAL PROTECTION Industry ...... Offshore Oil and Gas Extrac- Regular Meeting AGENCY tion Platforms. AGENCY: Farm Credit Administration. [FRL–7964–8] This table lists the types of entities SUMMARY: Notice is hereby given, Reissuance of the NPDES General that EPA is now aware could potentially pursuant to the Government in the Permit for the Territorial Seas Off be regulated by this action. Other types Sunshine Act (5 U.S.C. 552b(e)(3)), of Texas (TXG260000) of entities not listed in the table could the regular meeting of the Farm Credit also be regulated. To determine whether Administration Board (Board). AGENCY: Environmental Protection your (facility, company, business, Date and Time: The regular meeting Agency (EPA). organization, etc.) is regulated by this of the Board will be held at the offices ACTION: Notice of Final NPDES General action, you should carefully examine of the Farm Credit Administration in Permit Reissuance. the applicability criteria in part I. McLean, Virginia, on September 8, section A.1. of the general permit. If you 2005, from 9 a.m. until such time as the SUMMARY: The Regional Administrator have questions regarding the Board concludes its business. of Region 6 today issues the final applicability of this action to a FOR FURTHER INFORMATION CONTACT: National Pollutant Discharge particular entity, consult the person Jeanette C. Brinkley, Secretary to the Elimination System (NPDES) ‘‘General listed in the preceding FOR FURTHER Farm Credit Administration Board, Permit for the Territorial Seas off Texas’’ INFORMATION CONTACT section. (703) 883–4009, TTY (703) 883–4056. (No. TXG260000) for discharges from Pursuant to section 402 of the Clean existing and new dischargers and New Water Act (CWA), 33 U.S.C. 1342, EPA ADDRESSES: Farm Credit Sources in the Offshore Subcategory of proposed and solicited comments on Administration, 1501 Farm Credit Drive, the Oil and Gas Extraction Point Source NPDES general permit TXG260000 at 66 McLean, Virginia 22102–5090. Category (40 CFR part 435, subpart A) FR 29948 (November 17, 2003). Notice SUPPLEMENTARY INFORMATION: Parts of as authorized by section 402 of the of this proposed permit was also this meeting of the Board will be open Clean Water Act, 33 U.S.C. 1342. The published in the Houston Chronicle on to the public (limited space available), permit supercedes the previous general November 20, 2003. The comment and parts will be closed to the public. permit (TX0085651) issued on period closed on January 16, 2004. In order to increase the accessibility to September 15, 1983 and published in Region 6 received comments from the Board meetings, persons requiring the Federal Register at 48 FR 41494. Offshore Operators Committee, the assistance should make arrangements in That permit authorized discharges from International Association of Drilling advance. The matters to be considered exploration, development, and Contractors, and the Railroad at the meeting are: production facilities located in and Commission of Texas. discharging to the territorial seas off EPA Region 6 has considered all Open Session Texas. Through this reissuance, EPA comments received. In response to those A. Approval of Minutes includes current technology and water comments the following changes were • quality based effluent limitations made to the proposed permit. Ambient August 11, 2005 (Open and Closed). consistent with National Effluent density stratification data were B. Reports Limitations Guidelines, Federal Ocean examined and the critical dilutions • Discharge Criteria, and State Water required for the produced water toxicity FCS Building Association Quarterly Quality Standards. limits were recalculated. The proposed Report. A copy of the Region’s responses to 48-hour acute toxicity limit was C. New Business—Regulations comments and the final permit may be replaced with a seven day chronic • obtained by mail from the address listed toxicity limit in the final permit. An Receivership Repudiation below or from the EPA Region 6 Internet exemption for toxicity caused by total Authorities—Final Rule. site: http://www.epa.gov/earth1r6/6wq/ dissolved solids was included for the Closed Session* 6wq.htm. 24-hour acute toxicity limits. The • A Record of Decision which permit allows collection of a single grab OSMO Quarterly Report. completes the Environmental sample for toxicity testing. The State *Session Closed—Exempt pursuant to Assessment process required by the lease and well numbers are required to 5 U.S.C. 552b(c)(8) and (9).

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Dated: September 1, 2005. clause, and Ordering Information Administration, Public Buildings Jeanette C. Brinkley, clause, in all correspondence. Service (P), Washington, DC 20405, Secretary, Farm Credit Administration Board. SUPPLEMENTARY INFORMATION: telephone (202) 501–1100, e-mail at [email protected]. [FR Doc. 05–17706 Filed 9–1–05; 12:39 pm] A. Purpose BILLING CODE 6705–01–P Dated: August 24, 2005. The General Services Administration Stephen A. Perry, (GSA) has various mission responsibilities related to the Administrator of General Services. GENERAL SERVICES acquisition and provision of Federal ADMINISTRATION GENERAL SERVICES Supply Service’s (FSS’s) Stock, Special ADMINISTRATION [OMB Control No. 3090–0248] Order, and Schedules Programs. These mission responsibilities generate [FMR Bulletin 2005–B3] General Services Administration requirements that are realized through Acquisition Regulation; Information Federal Management Regulation; the solicitation and award of various Redesignations of Federal Buildings Collection; Solicitation Provisions and types of FSS contracts. Individual Contract Clauses, Placement of Orders solicitations and resulting contracts may TO: Heads of Federal Agencies Clause, and Ordering Information impose unique information collection SUBJECT: Redesignations of Federal Clause and reporting requirements on Buildings AGENCY: Office of the Chief Acquisition contractors, not required by regulation, 1. What is the purpose of this Officer, GSA. but necessary to evaluate particular bulletin? This bulletin announces the program accomplishments and measure ACTION: Notice of request for comments redesignations of eight (8) Federal success in meeting program objectives. regarding a renewal to an existing OMB Buildings. clearance. B. Annual Reporting Burden 2. When does this bulletin expire? This bulletin expires January 11, 2006. SUMMARY: Under the provisions of the Respondents: 6,493. Responses Per Respondent: 1. However, the building redesignations Paperwork Reduction Act of 1995 (44 Total Responses: 6,493. announced by this bulletin will remain U.S.C. Chapter 35), the General Services Hours Per Response: .25. in effect until canceled or superseded. Administration has submitted to the Total Burden Hours: 1,623. 3. Redesignations. The former and Office of Management and Budget OBTAINING COPIES OF new names of the buildings being (OMB) a request to review and approve PROPOSALS: Requesters may obtain a redesignated are as follows: a renewal of a currently approved copy of the information collection information collection requirement documents from the General Services Former name New name regarding solicitation provisions and Administration, Regulatory Secretariat contract clauses, placement of orders (VIR), 1800 F Street, NW., Room 4035, United States Court- Winston E. Arnow clause, and ordering information clause. Washington, DC 20405, telephone (202) house, 100 North United States A request for public comments was 208–7312. Please cite OMB Control No. Palafox, Pensacola, Courthouse, 100 published at 70 FR 37858, June 30, 3090–0248, Solicitation provisions and FL 32502. North Palafox, Pensacola, FL 2005. No comments were received. contract clauses, Placement of Orders Public comments are particularly 32502. clause, and Ordering Information Federal Building and Hipolito F. Garcia invited on: Whether this collection of clause, in all correspondence. United States Court- Federal Building information is necessary and whether it Dated: August 29, 2005. house, 615 East and United States will have practical utility; whether our Julia Wise, Houston Street, San Courthouse, 615 estimate of the public burden of this Antonio, TX 78205. East Houston collection of information is accurate, Director, Contract Policy Division. Street, San Anto- and based on valid assumptions and [FR Doc. 05–17558 Filed 9–2–05; 8:45 am] nio, TX 78205. methodology; ways to enhance the BILLING CODE 6820–61–S United States Court- Tomochichi United quality, utility, and clarity of the house, 125 Bull States Court- information to be collected. Street, Savannah, house, 125 Bull GENERAL SERVICES GA 31401. Street, Savannah, DATES: Submit comments on or before: ADMINISTRATION GA 31401. October 6, 2005. Federal Building, 324 James V. Hansen FOR FURTHER INFORMATION CONTACT: [FMR Bulletin 2005–B3] Twenty-Fifth Street, Federal Building, Linda Nelson, Procurement Analyst, Ogden, UT 84401. 324 Twenty-Fifth Contract Policy Division, GSA, at Federal Management Regulation; Street, Ogden, UT telephone (202) 501–1900, or via e-mail Redesignations of Federal Buildings 84401. to [email protected]. Federal Building, Fifth Joe Skeen Federal AGENCY: Public Buildings Service (P), and Richardson Building, Fifth and ADDRESSES: Submit comments regarding GSA. Avenues, Roswell, Richardson Ave- this burden estimate or any other aspect ACTION: Notice of a bulletin. NM 88201. nues, Roswell, NM of this collection of information, 88201. including suggestions for reducing this SUMMARY: The attached bulletin United States Court- Robert T. Matsui burden to Ms. Jeanette Thornton, GSA announces the redesignations of eight house, 501 I Street, United States Desk Officer, OMB, Room 10236, NEOB, (8) Federal buildings. Sacramento, CA Courthouse, 501 I Washington, DC 20503, and a copy to EXPIRATION DATE: This bulletin expires 95184. Street, Sac- ramento, CA the Regulatory Secretariat (VIR), General January 11, 2006. However, the building redesignations announced by this 95184. Services Administration, Room 4035, Federal Building and United States Court- 1800 F Street, NW., Washington, DC bulletin will remain in effect until United States Court- house, 131 East 20405. Please cite OMB Control No. canceled or superseded. house, 131 East 4th 4th Street, Dav- 3090–0248, Solicitation provisions and FOR FURTHER INFORMATION CONTACT Street, Davenport, enport, IA 52801. contract clauses, Placement of Orders Anthony E. Costa, General Services IA 52801.

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Former name New name and improving operations. The funding among women of childbearing age in will provide essential material resources Afghanistan. An estimated one in four United States Court- Reynaldo G. Garza within budgetary limitations for patient children dies before reaching their fifth house, Seventh and and Filemon B. care, operations, facility management birthday. East Jackson Street, Vela United States and for grant activities related to The government of Afghanistan has Brownsville, TX Courthouse, Sev- leadership and management established the improvement in women 78520. enth and East development at RBH. A Memorandum and child health as one of its highest Jackson Street, (aka 600 E. Har- of Understanding (MOU) between the priorities. Hospital management within rison Street), grantee and the Afghan MOPH will Afghanistan is of great concern to the Brownsville, TX detail the differentiated responsibilities MOPH and the international donor 78520. of the awardee toward RBH and the community. Competent hospital and conditions under which the MOPH will clinic administration is critical to the 4. Who should we contact for further transfer operational and logistical efficient and effective provision of information regarding redesignation of authority and responsibility for health care, particularly in resource- these Federal Buildings? General management and operations of RBH to constrained environments. Afghanistan Services Administration, Public the awardee. Alongside this support, is recovering from more than twenty Buildings Service (P),Attn: Anthony E. through a separate, ongoing cooperative years of civil unrest and war. This Costa, 1800 F Street, N.W., Washington, agreement, HHS is currently providing period has taken its toll on the quality DC 20405, telephone number: (202) support for staff development and of the entire spectrum of health care 501–1100, e-mail at continuing education at RBH, and the delivery, public health and health [email protected]. Department of Defense is providing professional education. [FR Doc. 05–17596 Filed 9–2–05; 8:45 am] approximately $1.4M in infrastructure The public hospitals in Afghanistan, including those that provide critical BILLING CODE 6820–23–S upgrades. This new cooperative agreement is not anticipated to involve care to women and children, face training of the clinical staff at RBH, but overwhelming problems in the areas of should include limited training and staffing, training, equipment, supplies DEPARTMENT OF HEALTH AND capacity-building of administrative or and pharmaceuticals. One area of HUMAN SERVICES executive management staff. increasing concern is hospital Announcement of Availability of Funds HHS, in partnership with other leadership and management. Without for a Cooperative Agreement To relevant United States Government effective and efficient administration, investments in the problem areas will Improve and Sustain the Leadership (USG) agencies anticipates involvement have little probability of success. and Management Capacity and To in the development, administration and Without functioning hospital support Improve Operations and Delivery of oversight of this hospital management services, such as patient record-keeping, Quality Health Care Within the Rabia improvement program. The program human resources, financial Balkhi Women’s Hospital will be approved initially for a three- year period. It is estimated that management, housekeeping, laundry, AGENCY: Department of Health and approximately $1.5 million (including physical plant and grounds Human Services, Office of the Secretary, indirect costs) will be available in the maintenance, security and many other Office of Public Health and Science, first year. Funding for the cooperative departments that allow a hospital to Office of Global Health Affairs. agreement in subsequent years is function well, the physicians, nurses Announcement Type: Cooperative contingent upon the availability of and other clinical staff are not able to Agreement—FY 2005 Initial funds. provide quality care. Announcement. Rabia Balkhi Hospital was one of the DATES: Application Availability: referral hospitals for women under the Funding Opportunity Number: OGHA September 6, 2005. Optional Letter of 05–018. Taliban and was declared the only Intent due by 5 p.m. e.t. September 13, women’s hospital in 1997. It is located OMB Catalog of Federal Domestic 2005. Assistance: TBD, In Process. adjacent to a major bazaar in District 2 Application due by 5 p.m. e.t.: of Kabul and consists of a large two- Authority: Section 103(a)(1); Section September 21, 2005. story building and two ancillary Award date: September 30, 2005. 103(a)(7) of Public Law 107–327; Public buildings within a courtyard. It has a Health Service Act, Section 307. ADDRESSES: Application kits may be theoretical in-patient capacity of 212 to SUMMARY: The Office of Global Health requested from, and applications 250 beds of which 80 to 100 are Affairs (OGHA) announces that an submitted to: Ms. Karen Campbell, designated for Gynecology and estimated $1.5 million in fiscal year Director, Office of Grants Management, Obstetrics. Approximately 25 to 30 (FY) 2005 funds are available for one (1) Office of Public Health and Science deliveries occur each day and cooperative agreement to strengthen (OPHS), HHS, 1101 Wootton Parkway, approximately 7,500 to 11,000 babies leadership, healthcare administration Suite 550, Rockville, MD 20852. are delivered there each year. The and facility management and to improve I. Funding Opportunity Description hospital sees approximately 300 to 400 operations and improve health care out patients daily. It is a referral delivery at Rabia Balkhi Women’s Purpose of the Agreement hospital with no formal relations with Hospital (RBH) in Kabul, Afghanistan. Afghanistan has one of the highest other maternity departments or This effort is a joint undertaking by the maternal mortality rates (MMR) in the pediatric hospitals. Its main partner for U.S. Department of Health and Human world with a rate of 1,600 maternal sick newborns is Indira Gandhi Services (HHS) and the Afghanistan deaths per 100,000 live births. In Children’s Hospital, also in Kabul. Ministry of Public Health (MOPH). The Badakhshan Province, the MMR is A study of hospitals in Afghanistan by goal of this project is to create equitable 6,500, the highest maternal mortality the Embassy of France (2002) indicated and high quality care at Rabia Balkhi rate ever reported globally. Preventable there were 95 physicians and 100 Women’s Hospital by developing complications related to childbirth paramedics at RBH while MOPH data effective leadership and management cause more than 85 percent of deaths (2002) stated there were 265 health care

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workers at RBH of which 110 were In 2004, HHS provided funding to maternal-child hospital consortium, doctors and 120 other workers. continue the RBH training program with a common Board of Directors, but Medicins du Monde (2002) reported 110 through a $2.2 million cooperative with each hospital managed by a private doctors, 75 nurses, 100 workers and 8 agreement with the implementing NGO, sector partner in a fashion similar to the administrative staff. Both French International Medical Corps (IMC). The arrangements with Cure and Loma Mission data and MOPH data indicate cooperative agreement between IMC Linda. approximately a 1.00 total staff to bed will continue to support the provision This Cooperative Agreement is ratio at RBH. of staff development and refresher intended to complement and build upon MOPH leadership has approached the training for clinical staff, including the work of the MOPH Hospital U.S. Government with a request for physicians, nurse midwives and Management Task Force and its efforts assistance to augment their capacity to ancillary health care workers and is to implement the Essential Package of develop policy and implement best working toward the development of a Hospital Services (EPHS) and the practices in hospital management and Residency program for Obstetrics and recommendations of the Joint USG/ operations. HHS and its partners are Gynecology. MOPH health facility management committed to working with the MOPH Throughout 2004 it became planning team as outlined above. and Ministry of Finance (MOF) to increasingly clear to various USG Implementation and adherence to address these problems. representatives that ongoing significant recognized evidence based healthcare The United States Government is investments in Kabul hospitals were and facility management standards will currently engaged in numerous unsustainable without improved be essential elements of successful cooperative efforts with other countries, hospital management. Discussions with proposals. NGOs, donor and implementing MOPH leadership, including the The primary role of the award organizations to assist the MOPH Minister of Health, led to a request for recipient of this cooperative agreement improve the health status of Afghan USG assistance in improving health will be to implement and support people. Former HHS Secretary Tommy facility management in general effective leadership and management throughout Afghanistan, and in G. Thompson signed a Memorandum of and improve operations and health care particular in Kabul Maternal-Child Understanding (MOU) with the delivery in RBH, while building the Hospitals (to which the USG had Afghanistan Minister of Health (MOH) Afghan capacity to assume these already been providing significant on October 9, 2002, pledging the functions in the future. assistance). At the request of the MOPH, support of American citizens to help in It is anticipated that multiple sources the USG agreed to facilitate and sponsor these efforts. In early 2003, HHS entered of significant revenue, in addition to an international health facility into collaboration with the MOPH to this cooperative agreement, will be management summit in Kabul, under improve the maternal and child health available for leveraging in the leadership of the MOPH, to raise services available within Afghanistan. accomplishment of the objectives. These awareness of and seek assistance in One of the long-term goals of this HHS- include: health facility management issues. • MOPH collaboration is to develop an Around this time, the Ministry was Current MOPH operating expenses, Afghan-appropriate OB/GYN graduate also beginning to explore unique supplies, and staff for RBH will medical education program in Kabul continue to be provided. solutions to the complex challenge of • that reflects Afghan culture within the improving management at tertiary/ DoD is contributing $1.4M to context of evidence-based obstetrical infrastructure upgrades at RBH. national hospitals. To this end, the • and gynecological medical practice and Ministry entered into non-profit, public- The awardee will be given the meets appropriate international private partnerships with Cure authority (similar to Cure and Loma standards. International to manage Darulaman Linda) to establish a sliding-scale, fee- As a first step, HHS funded a clinical hospital and Loma Linda University to for-service revenue enhancement knowledge and skills refresher training manage Wazir Akhbar Khan hospital. program. • program at RBH in April 2003. The Through Formal Memoranda of With professional management in intent of this refresher training has been Understanding, the MOPH agreed to place, it is likely that international to update the knowledge and skills of transfer significant authority and donors will be willing to make the current RBH attending physicians autonomy to these organizations to additional donations or in-kind and other professional staff. HHS is manage these hospitals utilizing current contributions to improve health care providing focused, short-term training best practices, thus overtaking some of delivery at RBH; the Afghan and U.S. to the RBH staff to improve their basic the entrenched bureaucratic and governments will continue to solicit knowledge levels and to update the political hurdles to hospital such additional assistance. clinical skills needed to respond to the management reform. Another novel The grantee will be expected to critical needs of the high-risk patient component of the agreements was that optimally leverage these funding community accessing care at this the Ministry would continue to provide streams, in addition to the grant funds, facility. Additionally, HHS, through baseline funding and staffing to these to accomplish grant objectives. HHS/Centers for Disease Control and hospitals, which Loma Linda and Cure This cooperative agreement is not Prevention (CDC), provides expert are free to augment with other sources anticipated to involve training of the technical guidance and advisory of funding, including sliding-scale fee- clinical staff at RBH, but should include consultation for the continued for-service proceeds—provided that limited training of administrative or development and implementation of a indigent persons still receive care free of executive management staff. Upon facility-based Health Management charge. USG representatives and MOPH award, the award recipient will develop System (HMIS), Surveillance, Quality counterparts began to view this and implement a formal three-year work Assurance and Hospital Infection approach as holding promise for plan. This plan is expected to include Program (HIPP) at RBH. Simultaneously, improving management and operations all of the below mentioned activities the Department of Defense (DoD) is of Kabul Maternal-Child Hospitals. with timelines for completion and providing critical infrastructural Discussions led to the notional concept designated responsible agents. improvements to the physical plant. of a non-profit, public-private Kabul Measurable goals, objectives, and

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outcomes are expected to be integrated • Building upon the current referral 1. Assurance of the services of into the workplan: system with Basic Health Centers, refine appropriately experienced HHS or other • Provide a mission statement, the referral processes between all subject matter experts from other including projected scope of service, appropriate health care facilities to relevant agencies to participate in the definition of the catchment area, bed ensure a seamless delivery system. planning, development, capacity and projected length of stay. Build in a method to ensure implementation, and evaluation of all Æ Including a plan to draw down accountability and lay the foundation phases of this project. specialty services at RBH to focus on for a system-wide integrated continuum 2. Assistance in establishing and Obstetric and Gynecologic care of care. maintaining USG, MOPH, and non- • Develop an assessment of all • Plan for incorporation of the HHS/ governmental organizations (NGOs) available equipment with the status of CDC-developed Health Management contracts and agreements necessary to functionality; identification of the Information system, including patient carry out the program. extent and estimated cost for repair/ record-keeping. II. Award Information rehabilitation and a plan for • Plan to improve and modernize maintenance and regular inventory information and communication The administrative and funding inspection and control. technology capabilities—appropriate to instrument to be used for this program • Develop an annual operational and the Afghan environment. will be the cooperative agreement in personnel budget. • Plan for incorporating and which HHS scientific and program Æ Including a plan to identify, implementing evidence-based standards involvement with the grantee is optimize, consolidate and effectively of care and best practices, including anticipated during the performance of utilize all available funding sources for quality assurance and quality the maximum funding level of up to RBH. improvement programs. $1.5 million (including indirect costs) is • Listing and justification, including • Plan for development and available for the initial 12-month budget cost for procurement, of essential implementation of case management. period. Two successive 12-month equipment, supplies and • Plan for internal monitoring and periods may be funded during the life pharmaceuticals. of this agreement. Continuation of this • evaluation to include clinical and Describe a method for elimination management processes, output and project from one budget period to the of waste and abuse of equipment and outcome indicators. next and level of funding are subject to supplies and development of a hospital • Plan to identify services which satisfactory performance, availability of security system. would more efficiently be shared with funds, and program priorities. • Although this program is provided for Description of all support services other Kabul maternal-child hospitals, in the financial plans of the OGHA, including transportation and ambulance such as laboratory, advanced imaging, awards pursuant to this notice are service with staffing details and a three etc. * * * contingent upon the availability of year plan for future technical • Plan to identify services which development of services. funds for this purpose. • would be more efficiently privatized, Description of a Hospital such as laundry, cleaning, security, III. Eligibility Information Management Board, Hospital Buying/ etc. * * * 1. Eligible Applicants Purchasing Committee and a Hospital • Plan to cooperate with and facilitate Community Board to include development of the non-profit, public- Applications may be submitted by membership qualifications, terms of private Kabul maternal-child hospital non-profit entities with offices in the reference and the identification of Consortium, of which RBH will be a key United States and partner country or methods to increase community input component. incorporated and headquartered in the into the overall oversight of the Finally, the award recipient will United States with offices in the United hospitals responsibilities. States. Additionally, organizations or • monitor and report progress quarterly Description of the salary scale plus and conduct a comprehensive consortiums of organizations, including merit for performance, which yields, evaluation of all required elements and faith-based and community based increased efficiency payment system for conditions, including outcome measures organizations, that have collective the providers for effectiveness and efficiency. experience with accepting donated • Design for job descriptions/ SUPPLEMENTARY INFORMATION: The medical technology, upgrading drug performance appraisals for all formularies, training health care personnel.process OGHA/OS/HHS provides policy and • staffing support to the Secretary and providers, local and international Coordinate educational efforts to transportation, and other logistics are support the management training with other HHS leaders in the area of global health, and provides policy advice, encouraged to apply for a grant under the presently funded IMC and CDC this announcement. Plans for clinical education and leadership and coordination of training. Include a discipline specific international health matters across HHS, 2. Cost Sharing or Matching needs assessment, training plan with including leadership on major Cost sharing, matching funds, and objectives using a variety of teaching crosscutting global health initiatives and cost participation is not a requirement methodologies; evaluation measures and the Department’s relationships with of this agreement. include i timelines for competency skill multilateral organizations. assessment and testing. Through this cooperative agreement, 3. Other—(If Applicable): N/A • Create a plan for executive and HHS will collaborate in an advisory IV. Application and Submission management training which may consist capacity with the award recipient, Information of planned exercises, mentoring by especially during the development and international experts and facilitation by implementation of a mutually agreed- 1. Address To Request Application peer networking. All efforts must upon work plan. HHS will actively Package compliment MOPH efforts and reflect participate in periodic progress reviews This Cooperative Agreement project Institute of Health Sciences training and a final evaluation of the program. uses the Application Form OPHS–1, standards. Obligations of OGHA/OS/HHS: Revised 8/2004, which is enclosed in

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your application packet. This generic bottom and both sides; and typeset must Numbering System (DUNS) number in form is used by many different programs be no smaller than 12 cpi and not order to apply for a grant from the funded through the Public Health reduced. Biographical sketches should Federal Government. The DUNS Service (PHS). Some parts of it are not be either typed on the appropriate form number is a unique nine-character required; other sections need to be filled or plain paper and should not exceed identification number provided by the out in a fashion specific to the program. two pages, with publications listed commercial company, Dun and Instructions for filling out OPHS–1, being limited only to those that are Bradstreet. There is no charge to obtain Revised 8/2004 will be included in the directly relevant to this project. a DUNS number. Information about application packet. These forms may obtaining a DUNS number can be found Application Format Requirements also be obtained from the following sites at https://www.dnb.com/product/ by: Downloading from https:// If applying on paper, the entire eupdate/requestOptions.html or call 1– egrants.osophs.dhhs.gov and clicking on application may not exceed 80 pages in 866–705–5711. Please include the Grant Announcements or http:// length, including the abstract, project DUNS number next to the OMB www.grants.gov/ or by writing to Ms. and budget narratives, face page, Approval Number on the application Karen Campbell, Director, Office of attachments, any appendices and letters face page. Applications will not be Grants Management, OPHS, HHS Tower of commitment and support. Pages must reviewed without a DUNS number. Building, 1101 Wootton Parkway, Suite be numbered consecutively. Additionally, the applicant 550, Rockville, MD 20852; or contact the Applications submitted electronically organization will be required to register Office of Grants Management at (240) that exceed 80 pages when printed will with the Federal Government’s Central 453–8822. Please specify the OGHA be deemed non-compliant. All non- Contractor Registry (CCR) in order to do program(s) for which you are requesting compliant applications will be returned electronic business with the Federal an application kit. to the applicant without further Government. Information about consideration. registering with the CCR can be found 2. Content and Form of Application a. Number of Copies at http://www.hrsa.gov/grants/ccr.htm. Submission Please submit one (1) original and two Finally, applicants applying Application Materials (2) unbound copies of the application. electronically through Grants.gov are Please do not bind or staple the required to register with the Credential A separate budget page is required for application. Application must be single Provider for Grants.gov. Information the budget year requested. A line item sided. about this requirement is available at budget (SF 424A) with coinciding b. Font http://www.grants.gov/ justification to support each of the Please use an easily readable serif CredentialProvider. budget years must be submitted with the typeface, such as Times Roman, Courier, Applicants applying electronically proposal. These forms will represent the or CG Times. The text and table portions through the OPHS E-Grants System are full project period of Federal assistance of the application must be submitted in required to register with the provider. requested. Proposals submitted without not less than 12 point and 1.0 line Information about this requirement is a budget and justification for each spacing. Applications not adhering to 12 available at https:// budget year requested in the application point font requirements may be egrants.osophs.dhhs.gov. may not be favorably considered for returned. funding. Specific instructions for c. Paper Size and Margins ii. Table of Contents For scanning purposes, please submit submitting a detailed budget for this Provide a Table of Contents for the the application on 81⁄2″ x 11″ white application will be included in the remainder of the application (including paper. Margins must be at least one (1) application packet. If additional appendices), with page numbers. information and/or clarification are inch at the top, bottom, left and right of required, please contact the OPHS the paper. Please left-align text. iii. Application Checklist Office of Grants Management identified d. Numbering Application Form OPHS–1, provided Please number the pages of the in Section VII of this announcement. with the application package. All applications must be accompanied application sequentially from page 1 by a Project Abstract submitted on 3.5 (face page) to the end of the application, iv. Budget inch floppy disk. The abstract must be including charts, figures, tables, and Application Form OPHS–1, provided typed, single-spaced, and not exceed 2 appendices. with the application package. pages. Reviewers and staff will refer e. Names frequently to the information contained Please include the name of the v. Budget Justification in the abstract, and therefore it should applicant on each page. The amount of financial support f. Section Headings (direct and indirect costs) that an contain substantive information about Please put all section headings flush applicant is requesting from the Federal the proposed projects in summary form. left in bold type. A list of suggested keywords and a Application Format: Applications for granting agency for the first year is to be format sheet for your use in preparing funding must consist of the following entered on the Face Sheet of the abstract will be included in the documents in the following order: Application Form PHS 5161–1, Line application packet. 15a. Each application should include All grant applications must be i. Application Face Page funds for electronic mail capability accompanied by a Project Narrative. In Public Health Service (PHS) unless access by Internet is already addition to the instructions provided in Application Form OPHS–1, provided available. The amount of financial OPHS–1 (Rev 8/2004) for project with the application package. Prepare support (direct and indirect costs) narrative, the specific guidelines for the this page according to instructions entered on the SF 424 is the amount an project narrative are provided in the provided in the form itself. applicant is requesting from the Federal program guidelines. Format granting agency for the project year. requirements are the same as for the DUNS Number Please note that if indirect costs are Project Abstract Section; margins should All applicant organizations are requested, the applicant must submit a be 1 inch at the top and 1 inch at the required to have a Data Universal copy of the latest negotiated rate

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agreement. The indirect costs rate refers and the like; medical supplies are proposed program. It should be to the Other Sponsored Program/ syringes, blood tubes, plastic gloves, succinct, self-explanatory and well Activities rate and to neither the etc., and educational supplies may be organized so that reviewers can research rate, nor the education/training pamphlets and educational videotapes. understand the proposed project. program rate. Those applicants without Remember, they must be listed Use the following section headers for an established indirect cost rate for separately. the Narrative: sponsored programs will be held at 26% Subcontracts: To the extent possible, • Introduction: This section should of total direct costs except, in cases all subcontract budgets and briefly describe the purpose of the where there is no established rate, justifications should be standardized, proposed project. applicants may only request 10% of and contract budgets should be • Work Plan: Describe the activities salaries and wages. However, if an presented by using the same object class or steps that will be used to achieve applicant’s established rate for other categories contained in the Standard each of the activities proposed in the sponsored programs exceeds 26%, but Form 424A. Provide a clear explanation methodology section. Use a time line would be advantageous to the as to the purpose of each contract, how that includes each activity and government, the OGHA/HHS may honor the costs were estimated, and the identifies responsible staff. that indirect rate cost. specific contract deliverables. • Resolution of Challenges: Discuss Personnel Costs: Personnel costs Other: Put all costs that do not fit into challenges that are likely to be should be explained by listing each staff any other category into this category and encountered in designing and member who will be supported from provide an explanation of each cost in implementing the activities described in funds, name (if possible), position title, this category. In some cases, grantee the Work Plan, and approaches that will percent full time equivalency, annual rent, utilities and insurance fall under be used to resolve such challenges. salary, and the exact amount requested. this category if they are not included in • Evaluation and Technical support Indirect Costs: Indirect costs are those an approved indirect cost rate.) Capacity: Describe current experience, costs incurred for common or joint skills, and knowledge, including objectives which cannot be readily vi. Staffing Plan and Personnel individuals on staff, materials identified but are necessary to the Requirements published, and previous work of a operations of the organization, e.g., the Applicants must present a staffing similar nature. cost of operating and maintaining plan and provide a justification for the • Organizational Information: Provide facilities, depreciation, and plan that includes education and information on the applicant agency’s administrative salaries. For institutions experience qualifications and rationale current mission and structure, scope of subject to OMB Circular A–21, the term for the amount of time being requested current activities, and an organizational ‘‘facilities and administration’’ is used for each staff position. Position chart, and describe how these all to denote indirect costs. If the applicant descriptions that include the roles, contribute to the ability of the does not have an indirect cost rate, you responsibilities, and qualifications of organization to conduct the program may obtain one by visiting the Division proposed project staff must be included requirements and meet program of Cost Allocation Web site: http:// in Appendix XX. Copies of biographical expectations. rates.psc.gov. sketches for any key employed iii. Appendices Fringe Benefits: List the components personnel that will be assigned to work that comprise the fringe benefit rate, for on the proposed project must be Please provide the following items to example health insurance, taxes, included in Appendix XX. complete the content of the application. unemployment insurance, life Please note that these are insurance, retirement plan, tuition vii. Project Abstract supplementary in nature, and are not reimbursement. The fringe benefits Provide a summary of the application. intended to be a continuation of the should be directly proportional to that Because the abstract is often distributed project narrative. Be sure each appendix portion of personnel costs that are to provide information to the public and is clearly labeled. allocated for the project. Congress, please prepare this so that it (1) Appendix A: Tables, Charts, etc.— Travel: List travel costs according to is clear, accurate, concise, and without To give further details about the local and long distance travel. For local reference to other parts of the proposal. travel, the mileage rate, number of application. It must include a brief (2) Appendix B: Job Descriptions for miles, reason for travel and staff description of the proposed grant Key Personnel—Keep each to one page member/consumers completing the project including the needs to be in length as much as is possible. Item 6 travel should be outlined. The budget addressed, the proposed services, and in the Program Narrative section of the should also reflect the travel expenses the population group(s) to be served. PHS 5161–1 Form provides some associated with participating in Please place the following at the top guidance on items to include in a job meetings and other proposed trainings of the abstract: description. or workshops. • Project Title (3) Appendix C: Biographical Equipment: List equipment costs and • Applicant Name Sketches of Key Personnel—Include provide justification for the need of the • Address biographical sketches for persons equipment to carry out the program’s • Contact Phone Numbers (Voice, Fax) occupying the key positions described goals. Extensive justification and a • E-Mail Address in Appendix B, not to exceed two pages detailed status of current equipment • Web Site Address, if applicable in length. In the event that a must be provided when requesting The project abstract must be single- biographical sketch is included for an funds for the purchase of computers and spaced and limited to two pages in identified individual who is not yet furniture items. length. hired, please include a letter of Supplies: List the items that the commitment from that person with the project will use. In this category, vii. Program Narrative biographical sketch. separate office supplies from medical This section provides a (4) Appendix D: Letters of Agreement and educational purchases. Office comprehensive framework and and/or Description(s) of Proposed/ supplies could include paper, pencils, description of all aspects of the Existing Contracts (project specific)—

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Provide any documents that describe (Standard Form 424 [Revised 07/03]) Mailed Hard Copy Applications: working relationships between the with the original signature of an Applications submitted in hard copy applicant agency and other agencies and individual authorized to act for the must include an original and two copies programs cited in the proposal. applicant agency or organization and to of the application. The original Documents that confirm actual or assume for the organization the application must be signed by an pending contractual agreements should obligations imposed by the terms and individual authorized to act for the clearly describe the roles of the conditions of the grant award. The applicant agency or organization and to subcontractors and any deliverable application is not considered complete assume for the organization the Letters of agreements must be dated. until both the electronic application and obligations imposed by the terms and (5) Appendix E: Project the hard copy of the face page with the conditions of the grant award. Organizational Chart—Provide a one- original signature are received. Mailed applications will be page figure that depicts the Electronic grant application considered as meeting the deadline if organizational structure of the project, submissions must be submitted no later they are received by the OPHS Office of including subcontractors and other than 5 p.m. eastern time on the deadline Grants Management on or before 5 p.m. significant collaborators. date specified in the DATES section of eastern time on the deadline date (6) Appendix F: Other Relevant the announcement. All required hard specified in the DATES section of the Documents—Include here any other copy original signatures and mail-in announcement. The application documents that are relevant to the items must be received by the OPHS deadline date requirement specified in application, including letters of Office of Grants Management no later this announcement supercedes the supports. Letters of support must be than 5 p.m. eastern time on the next instructions in the OPHS–1. dated. business day after the deadline date Applications that do not meet the 3. Submission Dates and Times specified in the DATES section of the deadline will be returned to the announcement. applicant unread. Notification of Intent To Apply Applications will not be considered Hand-Delivered Applications: Hand- A letter of intent is not required. valid until all electronic application delivered applications must be received However, if a letter of intent is components, hard copy original by the OPHS Office of Grants submitted, the letter should identify the signatures, and mail-in items are Management, 1101 Wootten Parkway, applicant organization and its intent to received by the OPHS Office of Grants Suite 550, Rockville, Maryland, 20852, apply, and briefly describe the proposal Management according to the deadlines no later than 5 p.m. eastern time on the to be submitted. Receipt of Letters of specified above. Any application deadline date specified in the DATES Intent will not be acknowledged. submitted electronically after 5 p.m. section of the announcement. Hand- This letter should be sent by eastern time on the deadline date delivered applications must include an September 13, 2005, by mail or fax to: specified in the DATES section of the original and two copies of the Department of Health and Human announcement will be considered late application. The original application Services, Office of the Secretary, Office and will be deemed ineligible. Failure of must be signed by an individual of Global Health Affairs, 5600 Fishers the applicant to submit all required hard authorized to act for the applicant Lane, Suite 18–101, Rockville, MD copy original signatures to the OPHS agency or organization and to assume 20857, Facsimile Number: 301–443– Office of Grants Management by 5 p.m. for the organization the obligations 2820. eastern time on the next business day imposed by the terms and conditions of Application Submission: The OPHS after the deadline date specified in the the grant award. provides multiple mechanisms for DATES section of the announcement will Applications will be screened upon submission of applications as described result in the electronic application being receipt. Those that are judged to be in the following sections. deemed ineligible. incomplete or arrive after the deadline Electronic Submission: The OPHS Upon completion of a successful will be returned without review or electronic grants management system, electronic application submission, the comment. Applications that exceed the eGrants, provides for applications to be eGrants system will provide the requested amount may also be returned submitted electronically. While applicant with a confirmation page without review or comment. Applicants applications are accepted in hard copy, indicating the date and time (eastern that are judged to be in compliance will the use of the electronic application time) of the electronic application be notified by the OPHS Office of Grants submissions capabilities provided by submission. This confirmation page will Management. Accepted applications the eGrants system is encouraged. also provide the receipt status of all will be reviewed for technical merit in Information about this system is indicated signatures and items to be accordance with DHHS policies. available on the Office of Population mailed to the OPHS Office of Grants Applications should be submitted to: Affairs Web site at http:// Management. As items are received by Director, Office of Grants Management, opa.osophs.dhhs.gov, or may be the OPHS Office of Grants Management, OPHS, HHS, 1101 Wootten Parkway, requested from the OPHS Office of the electronic application status will be Suite 550, Rockville, MD 20852. Grants Management at 240–453–8822. updated to reflect the receipt of mail-in Technical assistance on budget and Applications sent via any other means items. It is recommended that the business aspects of the application may of electronic communication, including applicant monitor the status of their be obtained from the Office of Grants facsimile or electronic mail, outside of application to ensure that all signatures Management, OPHS, HHS, 1101 the OPHS eGrants system will not be and mail-in items are received. Wootten Parkway, Suite 550, Rockville, accepted for review. Applicants are encouraged to initiate MD 20852, telephone: (240) 453–8822. The body of the application and electronic applications early in the 4. Intergovernmental Review required forms can be submitted using application development process, and to the e-Grants system. In addition to submit early on the due date or before. This program is not subject to the electronically submitted materials, This will aid in addressing any review requirements of Executive Order applicants are required to provide a problems with submission prior to the 12372, Intergovernmental Review of hard copy of the application face page application deadline. Federal Programs.

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5. Funding Restrictions months six, 12. The strategic plan objectives and maintaining quality Allowability, allocability, should specifically address the expected control over the implementation and reasonableness, and necessity of direct progress of the Quality of Care program. operation of the project. Adequacy of (4) Personnel Qualifications and and indirect costs that may be charged back-up staffing and the evidence that Experience (20 points): they will be able to function as a team. are outlined in the following • Project Leadership—For the documents: OMB–21 (Institutes of The framework should identify the technical and administrative leadership institution that will assume legal and Higher Education); OMB Circular A–122 of the project requirements, successful (Nonprofit Organizations) and 45 CFR financial responsibility and applicants must demonstrate accountability for the use and part 74, appendix E (Hospitals). Copies documented training, expertise, relevant of these circulars can be found on the disposition of funds awarded on the experiences, leadership/management basis of this RFA. Internet at: http://www.whitehouse.gov/ skills, and availability of a suitable omb. (5) Experience and Capabilities of the overall project manager and Organization (30 Points): 6. Other Submission Requirements: N/A surrounding management structure to • Applicants should submit successfully plan and manage the V. Application Review Information documented relevant experience of the project. Successful applicant will organization in managing projects of 1. Criteria provide documented history of similar complexity and scope of the leadership in the establishment and Applications will be screened by activities. management of training programs that • Clarity and appropriateness of lines OGHA staff for completeness and for involve training of health care responsiveness to the program guidance. of communication and authority for professionals in countries other than the coordination and management of the Applicants should pay strict attention United States. Expertise in maternal and addressing these criteria, as they are the project. Adequacy and feasibility of child health care and services including plans to ensure successful coordination basis upon which their applications will documented training, expertise, relevant be judged. Those applications judged to of a multiple-partner collaboration. experience, leadership skills, and • Documented experience recruiting be non-responsive or incomplete will be maternal and child health specific returned to the applicant without qualified medical personnel for projects medical expertise. Documented of similar complexity and scope of review. managerial ability to achieve delivery or Applications that are complete and activities. performance requirements as (4) Facilities and Resources (10 responsive to the guidance will be demonstrated by the proposed use of evaluated for scientific and technical Points): management and other personnel Documented availability and merit by an appropriate peer review resources and to successfully manage group specifically convened for this adequacy of facilities, equipment and the project, including subcontractor resources necessary to carry out the solicitation and in accordance with HHS and/or consultant efforts, if applicable, policies and procedures. As part of the activities specified under Program as evidence by the management plan Requirements. initial merit review, all applications will and demonstrated by previous relevant receive a written critique. All experience. 2. Review and Selection Process applications recommended for approval • Partner Institutions and other Applications will be reviewed in will be discussed fully by the ad hoc Personnel—Applicants should provide peer review group and assigned a competition with other submitted documented evidence of availability, applications, by a panel of peer priority score for funding. Eligible training, qualifications, expertise, applications will be assessed according reviewers. Each of the above criteria relevant experience, education and will be addressed and considered by the the following criteria: competence of the scientific, clinical, (1) Technical Approach (40 points): reviewers in assigning the overall score. analytical, technical and administrative Final award will be made by the Deputy • The applicant’s presentation of a staff and any other proposed personnel sound and practical technical approach Director, Asia and Pacific Division of (including partner institutions, the Office Global Health Affairs on the for executing the requirements with subcontractors and consultants), to adequate explanation, substantiation basis of score, program relevance and, perform the requirements of the work availability of funds. and justification for methods for activities as evidenced by resumes, handling the projected needs of the endorsements and explanations of VI. Award Administration Information partner institution. previous efforts. 1. Award Notices • The successful applicant must • Staffing Plan—Applicants should demonstrate a clear understanding of submit a staffing plan for the conduct of OGHA/HHS does not release the scope and objectives of the the project, including the information about individual cooperative agreement, recognition of appropriateness of the time commitment applications during the review process potential difficulties that may arise in of all staff and partner institutions, the until final funding decisions have been performing the work required, clarity and appropriateness of assigned made. When these decisions have been presentation of adequate solutions, and roles, lines of authority. Applicants made, applicants will be notified by understanding of the close coordination should also provide an organizational letter regarding the outcome of their necessary between the OGHA/HHS, chart for each partner institution named applications. The official document Afghanistan Ministry of Public Health, in the application showing relationships notifying an applicant that an U.S. Agency for International among the key personnel. application has been approved and Development, and other organizations, • Administrative and Organizational funded is the Notice of Award, which such as the World Health Organization Framework—Adequacy of the specifies to the awardee the amount of and United Nations Children’s Fund. administrative and organizational money awarded, the purpose of the • Applicants must submit a strategic framework, with lines of authority and agreement, the terms and conditions of plan that outlines the schedule of responsibility clearly demonstrated, and the agreement, and the amount of activities and expected products of the adequacy of the project plan, with funding, if any, to be contributed by the Group’s work with benchmarks at proposed time schedule for achieving awardee to the project costs.

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2. Administrative and National Policy project’s stated goals and objectives. The period, including a description of the Requirements evaluation plan should include both a specific objectives stated in the grant The regulations set out at 45 CFR process evaluation to track the application and the accomplishments parts 74 and 92 are the Department of implementation of project activities and and failures resulting from activities Health and Human Services (HHS) rules an outcome evaluation to measure during the grant period. Quarterly performance reports and the and requirements that govern the changes in knowledge and skills that final report may be submitted to: Ms. administration of grants. Part 74 is can be attributed to the project. Project Karen Campbell, Director, Office of applicable to all recipients except those funds may be used to support Grants Management, OPHS, HHS, 1101 covered by part 92, which governs evaluation activities. In addition to conducting their own Wootton Parkway, Suite 550, Rockville, awards to state and local governments. evaluation of their projects, successful MD 20852, phone (240) 453–8822. Applicants funded under this applicants must be prepared to announcement must be aware of and VII. Agency Contacts participate in an external evaluation, to comply with these regulations. The CFR be supported by OGHA/HHS and For assistance on administrative and volume that includes parts 74 and 92 conducted by an independent entity, to budgetary requirements, please contact: may be downloaded from http:// assess efficiency and effectiveness for Ms. Karen Campbell, Director, Office of www.access.gpo.gov/nara/cfr/ _ _ the project funded under this Grants Management, OPHS, HHS, 1101 waisidx 03/45cfrv1 03.html. Wootton Parkway, Suite 550, Rockville, Reporting: Each party to this announcement. Within 30 days following the end of MD 20852, phone (240) 453–8822. Cooperative Agreement has agreed to each of quarter, submit a performance For assistance with questions undertake the following obligations: report no more than ten pages in length regarding program requirements, please The applicant (recipient) agrees to: must be submitted to OGHA/HHS. A contact: Dr. Amar Bhat, Asia-Pacific a. Provide a budget for the acquisition sample monthly performance report will Division, Office of Global Health Affairs, and installation of the necessary be provided at the time of notification Office of the Secretary, Department of equipment to complete the HHS Project, of award. At a minimum, monthly Health and Human Services, 5600 using the provided HHS Guidelines on performance reports should include: Fishers Lane, Suite 18–101, Rockville, Medical Equipment Donation; • Concise summary of the most MD 20857. Phone Number: 301–443– b. Facilitate the acquisition, significant achievements and problems 1410. refurbishment and calibration of the encountered during the reporting necessary equipment at a reduced cost; VIII. Tips for Writing a Strong period, e.g. number of training courses c. Prepare the necessary items for Application held and number of trainees. shipping including preparation of • A comparison of work progress Include DUNS Number. You must shipping documents for entry into with objectives established for the include a DUNS Number to have your partner country; quarter using the grantee’s application reviewed. Applications will d. Provide manuals for the donated implementation schedule, and where not be reviewed without a DUNS equipment which can be translated into such objectives were not met, a number. To obtain a DUNS number, the primary language, at a sixth grade statement of why they were not met. access http:// reading level and contain illustrations. • Specific action(s) that the grantee www.dunandbradstreet.com or call 1– Manuals must include content on the would like the OGHA/HHS to undertake 866–705–5711. Please include the proper storage, cleaning and care and to alleviate a problem. DUNS number next to the OMB repair of the equipment; • Other pertinent information that Approval Number on the application e. Ensure that the training method or will permit monitoring and overview of face page. module includes essential content project operations. Keep your audience in mind. regarding the adherence to established • A quarterly financial report Reviewers will use only the information infection control principles; describing the current financial status of contained in the application to assess f. Provide technical training and the funds used under this award. The the application. Be sure the application examination of proficiency by the user awardee and OGHA will agree at the and responses to the program on agreed upon technologies and time of award for the format of this requirements and expectations are supplied equipment; portion of the report. complete and clearly written. Do not g. Ensure that training is provided by Within 90 days following the end of assume that reviewers are familiar with a certified trainer at a time closely the project period a final report the applicant organization. Keep the coordinated with the delivery of the containing information and data of review criteria in mind when writing equipment or materials; and, interest to the Department of Health and the application. h. Accompany the equipment and Human Services, Congress, and other Start preparing the application early. supplies for the purpose of overseeing countries must be submitted to OGHA/ Allow plenty of time to gather required the distribution, installation, and HHS. The specifics as to the format and information from various sources. training in partner institution. content of the final report and the Follow the instructions in this HHS agrees to: summary will be sent to successful guidance carefully. Place all information a. Identify the funds necessary for the applicants. At minimum, the report in the order requested in the guidance. acceptance of the necessary equipment should contain: If the information is not placed in the in keeping with the approved budget; • A summary of the major activities requested order, you may receive a and, supported under the agreement and the lower score. b. Identify the funds or transportation major accomplishments resulting from Be brief, concise, and clear. Make necessary for the shipping of goods to activities to improve mortality in your points understandable. Provide partner country. partner country. accurate and honest information, All projects are required to have an • An analysis of the project based on including candid accounts of problems evaluation plan, consistent with the the problem(s) described in the and realistic plans to address them. If scope of the proposed project and application and needs assessments, any required information or data is funding level that conforms to the performed prior to or during the project omitted, explain why. Make sure the

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information provided in each table, This reinstatement of the previous In addition to determination the chart, attachment, etc., is consistent clearance approval coves the second capacity of the survey instrument to with the proposal narrative and wave of the same survey. The actually collect information needed for information in other tables. respondents will be queried as to their local and regional planning, it should Be organized and logical. Many progress in achieving the preparedness also be useful for national planning, applications fail to receive a high score goals reported in the first wave. program planning, setting priority areas because the reviewers cannot follow the DATES: Comments on this notice must be in addressing current and future needs, thought process of the applicant or received by November 7, 2005. as well as ensuring that scarce resources because parts of the application do not are being used in a way that achieves ADDRESSES: Written comments for the fit together. the most impact in preparedness. Be careful in the use of appendices. proposed information collection should Do not use the appendices for be submitted to: Cynthia D. McMichael, Data Confidentiality Provisions information that is required in the body Reports Clearance Officer, AHRQ, 540 The data will be collected by an of the application. Be sure to cross- Gaither Road, Room #5022, Rockville, independent consulting firm under reference all tables and attachments MD 20850. terms of its contract. The identifiable located in the appendices to the Copies of the proposed collection information about institutions will be appropriate text in the application. plans, data collection instruments, and kept confidential in accordance with 42 Carefully proofread the application. specific details on the estimated burden USC 299c–3(c). AHRQ and HRSA will Misspellings and grammatical errors can obtained from the AHRQ Reports receive only state-level summary data, will impede reviewers in understanding Clearance Officer. and not individual hospital responses. the application. Be sure pages are FOR FURTHER INFORMATION CONTACT: Method of Collection numbered (including appendices) and Cynthia D. McMichael, AHRQ Reports that page limits are followed. Limit the Clearance Officer, (301) 427–1651. The preparedness questionnaire will use of abbreviations and acronyms, and SUPPLEMENTARY INFORMATION: be administered electronically to each define each one at its first use and hospital via electronic mail. The periodically throughout application. Proposed Project estimated burden is as follows: Dated: August 26, 2005. ‘‘AHRQ–HRSA Chemical, Biological, Estimated Annual Respondent Burden Mary Lou Valdez, Radiological, Nuclear and Explosive Deputy Director for Policy, Office of Global (All Hazards) Preparedness Number of Estimated bur- Total hours Health Affairs. Questionnaire for Healthcare Facilities questionnaire den/respond- recipients ent of burden Cristina V. Beato, for 2004 (CBRNE)’’ Acting Assistant Secretary for Health, Office The Preparedness Questionnaire is an 1479 ...... 60 minutes .... 1479 of Public Health and Science. inventory of the U.S. hospitals which [FR Doc. 05–17590 Filed 9–2–05; 8:45 am] received support for preparedness The estimate burden is based on the BILLING CODE 4150–38–P activities under the HRSA National completion of a paper version of the Bioterrorism Hospital Preparedness questionnaire by a pilot hospital. The Program. This survey instrument is more efficient data collection effort DEPARTMENT OF HEALTH AND being designed for use by preparedness enabled by the electronic format has HUMAN SERVICES planners to measure local or regional been taken into account in this estimate. hospital levels of preparedness for a The annualized cost to all potential Agency for Healthcare Research and chemical, biological, radiological, respondents is estimated at $51,528 Quality nuclear and explosive (CBRNE) event. Total ($34.84/hr [average staff time] × 1 One point of contact is designated in hr. × 1479 respondents). Percentage of Agency Information Collection each hospital to provide information on capital costs, operating costs or Activities: Proposed Collection; a range of topics that have been deemed maintenance costs are negligible. Comment Request essential by a panel of nationally- A stratified random sample by state AGENCY: Agency for Healthcare Research recognized experts on issues related to will be used in this second wave survey. and Quality, HHS. hospital preparedness for a CBRNE, i.e., This second wave (resurvey) is utilizing an all hazards event. ACTION: Notice. statistical methods based on baseline These topics include facility planning data in developing a sampling scheme. SUMMARY: This notice announces the and administration; training and Request for Comments intention of the Agency for Healthcare education; communication and Research and Quality (AHRQ) to request notification; patient capacity; staffing In accordance with the above cited the Office of Management and Budget and support; isolation and Paperwork Reduction Act legislation, (OMB) to reinstate the information decontaminations; supplies, comments on the AHRQ’s and HRSA’s collection project: ‘‘AHRQ–HRSA pharmaceuticals and laboratory support; information collection are requested Chemical, Biological, Radiological, and surveillance. with regard to any of the following: (a) Nuclear and Explosive (All Hazards) The inventory, which was Whether the proposed collection of Preparedness Questionnaire for administered in 2004/2005 and will be information is necessary for the proper Healthcare Facilities for 2004 (CBRNE)’’. again in 2006, will provide national, performance of functions of AHRQ and In accordance with the Paperwork state, and regional levels of HRSA, including whether the Reduction Act of 1995, 44 U.S.C. preparedness by type of hospital, as information will have practical utility; 3506(C)(2)(A), AHRQ invites the public well as estimates of bed capacity and (b) the accuracy of the agency’s estimate to comment on this proposed emergency increase (surge) capacity. of the burden (including hours and information collection. This information will be used to costs) of the proposed collection of AHRQ obtained a six-month ascertain the progress of the previously information; (c) ways to enhance the emergency collection approval for the queried hospitals in attaining their quality, utility, and clarity of the first wave of this information collection. preparedness goals. information to be collected; and (d)

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ways to minimize the burden of the drug application (NDA). The only Inhalation Liquid, 99.9 percent, collection of information on clinical data required in an ANDA are including the NDA file for this drug respondents, including the use of data to show that the drug that is the product. We have also independently automated collection techniques or subject of the ANDA is bioequivalent to evaluated relevant literature and data other forms of information technology. the listed drug. for possible postmarketing adverse Comments submitted in response to The 1984 amendments include what event reports. FDA has determined this notice will be summarized and is now section 505(j)(7) of the Federal under §§ 314.161 and 314.162(a)(2) that included in the request for OMB Food, Drug, and Cosmetic Act (21 U.S.C. Penthrane (methoxyflurane) Inhalation approval of the proposed information 355(j)(7)), which requires FDA to Liquid, 99.9 percent, was withdrawn collection. All comments will become a publish a list of all approved drugs. from sale for reasons of safety. FDA’s matter of public record. FDA publishes this list as part of the review shows that methoxyflurane, a Dated: August 12, 2005. ‘‘Approved Drug Products With volatile anesthetic agent, is associated Carolyn M. Clancy, Therapeutic Equivalence Evaluations,’’ with serious, irreversible, and even fatal which is generally known as the Director. nephrotoxicity and hepatotoxicity in ‘‘Orange Book.’’ Under FDA regulations, [FR Doc. 05–17617 Filed 9–2–05; 8:45 am] humans. FDA has also reviewed the drugs are removed from the list if the latest approved labeling for Penthrane BILLING CODE 4160–90–M agency withdraws or suspends approval and has determined that this labeling is of the drug’s NDA or ANDA for reasons inadequate. FDA believes that the risks of safety or effectiveness, or if FDA DEPARTMENT OF HEALTH AND of toxicity outweigh any potential determines that the listed drug was HUMAN SERVICES benefits if methoxyflurane is used withdrawn from sale for reasons of according to the latest approved Food and Drug Administration safety or effectiveness (§ 314.162 (21 labeling. Since the initial approval of CFR 314.162)). Penthrane in 1962, with a subsequent [Docket No. 2004P–0379] Under § 314.161(a)(1) (21 CFR finding of efficacy in the Federal 314.161(a)(1)), the agency must Determination That Penthrane Register of December 11, 1981 (46 FR determine whether a listed drug was 60652), alternative safe and effective (Methoxyflurane) Inhalation Liquid, withdrawn from sale for reasons of 99.9 Percent, Was Withdrawn From anesthetics have been approved by FDA safety or effectiveness before an ANDA and entered the market. FDA has Sale for Reasons of Safety or that refers to that listed drug may be Effectiveness determined that new clinical studies are approved. FDA may not approve an necessary before methoxyflurane could AGENCY: Food and Drug Administration, ANDA that does not refer to a listed be considered for reintroduction to the HHS. drug. market. The agency has determined, Penthrane (methoxyflurane) ACTION: Notice. under § 314.161, that Penthrane Inhalation Liquid, 99.9 percent, was the (methoxyflurane) Inhalation Liquid, SUMMARY: subject of NDA 13–056, held by Abbott The Food and Drug 99.9 percent was withdrawn from sale Laboratories (Abbott). Penthrane is a Administration (FDA) has determined for reasons of safety. Therefore, that Penthrane (methoxyflurane) potent inhalation anesthetic indicated to provide anesthesia for surgical Penthrane (methoxyflurane) Inhalation Inhalation Liquid, 99.9 percent, was Liquid, 99.9 percent, will be removed withdrawn from sale for reasons of procedures in which total duration of administration is anticipated to be 4 from the list of drug products published safety or effectiveness. The agency will in the Orange Book. FDA will not accept not accept or approve abbreviated new hours or less (not to be used at concentrations that provide skeletal or approve ANDAs that refer to this drug applications (ANDAs) for drug product. methoxyflurane inhalation liquid, 99.9 muscle relaxation). Penthrane was also percent. indicated to provide analgesia in Dated: August 29, 2005. obstetrics and in minor surgical Jeffrey Shuren, FOR FURTHER INFORMATION CONTACT: procedures and for use by self- Mary Catchings, Center for Drug Assistant Commissioner for Policy. administration using hand held Evaluation and Research (HFD–7), Food [FR Doc. 05–17559 Filed 9–2–05; 8:45 am] inhalers. In the Federal Register of and Drug Administration, 5600 Fishers BILLING CODE 4160–01–S August 16, 2001 (66 FR 43017), FDA Lane, Rockville, MD 20857, 301–594– withdrew approval of NDA 13–056 for 2041. Penthrane after Abbott notified the DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In 1984, agency that Penthrane was no longer HUMAN SERVICES Congress enacted the Drug Price being marketed under NDA 13–056 and Competition and Patent Term requested withdrawal of that Food and Drug Administration Restoration Act of 1984 (Public Law 98– application. Penthrane was then moved [Docket Nos. 2005M–0158, 2005M–0159, 417) (the 1984 amendments), which to the ‘‘Discontinued Drug Product List’’ 2005M–0129, 2005M–0160, 2005M–0130, authorized the approval of duplicate section of the Orange Book. 2005M–0151, 2005M–0117, 2005M–0118, versions of drug products approved In a citizen petition dated August 25, 2005M–0241, 2005M–0191, 2005M–0192, under an ANDA procedure. ANDA 2004 (Docket No. 2004P–0379/CP1), 2005M–0193, 2005M–0270] sponsors must, with certain exceptions, submitted under § 10.30 (21 CFR 10.30), show that the drug for which they are and in accordance with § 314.161, AAC Medical Devices; Availability of Safety seeking approval contains the same Consulting Group requested that the and Effectiveness Summaries for active ingredient in the same strength agency determine whether Penthrane Premarket Approval Applications and dosage form as the ‘‘listed drug,’’ (methoxyflurane) Inhalation Liquid, AGENCY: Food and Drug Administration, which is a version of the drug that was 99.9 percent, was withdrawn from sale HHS. previously approved. Sponsors of for reasons of safety or effectiveness. ACTION: Notice. ANDAs do not have to repeat the We have carefully reviewed our files extensive clinical testing otherwise for records concerning the withdrawal SUMMARY: The Food and Drug necessary to gain approval of a new of Penthrane (methoxyflurane) Administration (FDA) is publishing a

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list of premarket approval applications I. Background reconsideration of an FDA action under (PMAs) that have been approved. This In the Federal Register of January 30, § 10.33(b) (21 CFR 10.33(b)) for notices list is intended to inform the public of 1998 (63 FR 4571), FDA published a announcing approval of a PMA begins the availability of safety and final rule that revised 21 CFR 814.44(d) on the day the notice is placed on the effectiveness summaries of approved and 814.45(d) to discontinue individual Internet. Section 10.33(b) provides that PMAs through the Internet and the publication of PMA approvals and FDA may, for good cause, extend this agency’s Division of Dockets denials in the Federal Register. Instead, 30-day period. Reconsideration of a Management. the agency now posts this information denial or withdrawal of approval of a ADDRESSES: Submit written requests for on the Internet on FDA’s home page at PMA may be sought only by the copies of summaries of safety and http://www.fda.gov. FDA believes that applicant; in these cases, the 30-day effectiveness to the Division of Dockets this procedure expedites public period will begin when the applicant is Management (HFA–305), Food and Drug notification of these actions because notified by FDA in writing of its Administration, 5630 Fishers Lane, rm. announcements can be placed on the decision. Internet more quickly than they can be 1061, Rockville, MD 20852. Please cite The regulations provide that FDA published in the Federal Register, and the appropriate docket number as listed publish a quarterly list of available in table 1 of this document when FDA believes that the Internet is accessible to more people than the safety and effectiveness summaries of submitting a written request. See the PMA approvals and denials that were SUPPLEMENTARY INFORMATION section for Federal Register. In accordance with section 515(d)(4) announced during that quarter. The electronic access to the summaries of following is a list of approved PMAs for safety and effectiveness. and (e)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. which summaries of safety and FOR FURTHER INFORMATION CONTACT: 360e(d)(4) and (e)(2)), notification of an effectiveness were placed on the Thinh Nguyen, Center for Devices and order approving, denying, or Internet from April 1, 2005, through Radiological Health (HFZ–402), Food withdrawing approval of a PMA will June 30, 2005. There were no denial and Drug Administration, 9200 continue to include a notice of actions during this period. The list Corporate Blvd., Rockville, MD 20850, opportunity to request review of the provides the manufacturer’s name, the 301–594–2186. order under section 515(g) of the act. product’s generic name or the trade SUPPLEMENTARY INFORMATION: The 30-day period for requesting name, and the approval date.

TABLE 1.—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS MADE AVAILABLE FROM APRIL 1, 2005, THROUGH JUNE 30, 2005.

PMA No./Docket No. Applicant TRADE NAME Approval Date

P030040/2005M–0158 Bayer Healthcare, LLC ADVIA CENTAUR HBC IGM READY PACK REAGENTS, August 6, 2004 ADVIA CENTAUR HBC IGM QUALITY CONTROL MATERIAL

P020055/2005M–0159 Ventana Medical Sys- VENTANA MEDICAL SYSTEMS PATHWAY ANTI–C–KIT (9.7) August 11, 2004 tems, Inc. PRIMARY ANTIBODY

P040018/2005M–0129 Bayer Healthcare, LLC ADVIA CENTAUR HAV IGM READY PACK REAGENTS, December 22, 2004 ADVIA CENTAUR HAV IGM QUALITY CONTROL MATERIAL

P040030/2005M–0160 BioGenex Labora- INSITE HER–2/NEU KIT December 22, 2004 tories, Inc.

P030052/2005M–0130 Vysis, Inc. UROVYSION BLADDER CANCER KIT January 24, 2005

P930016(S20)/2005M– VISX, Inc. STAR S4 IR EXCIMER LASER SYSTEM WITH VARIABLE March 17, 2005 0151 SPOT SCANNING (VSS)

P040020/2005M–0117 Alcon Research, Ltd. ACRYSOF RESTOR APODIZED DIFFRACTIVE OPTIC March 21, 2005 POSTERIOR CHAMBER IOL

P040024/2005M–0118 Medicis Aesthetics RESTYLANE INJECTABLE GEL March 25, 2005 Holdings, Inc.

P040026/2005M–0241 Medispec, Ltd. ORTHOSPEC EXTRACORPOREAL SHOCK WAVE THERAPY April 1, 2005 DEVICE

P040034/2005M–0191 Confluent Surgical, DURASEAL DURAL SEALANT SYSTEM April 7, 2005 Inc.

P040016/2005M–0192 Boston Scientific Corp. BOSTON SCIENTIFIC CORPORATION LIBERTE MONORAIL April 12, 2005 AND OVER-THE-WIRE CORONARY STENT SYSTEMS

P030037/2005M–0193 Biotronik, Inc. RITHRON–XR CORONARY STENT SYSTEM April 29, 2005

P030049/2005M–0270 Bayer Healthcare, LLC ADVIA CENTAUR HBS AG READY PACK REAGENTS, ADVIA May 31, 2005 CENTAUR HBS AG CONFIRMATORY READY PACK RE- AGENTS, AND ADVIA CENTAUR HBS AG QUALITY CON- TROL MATERIAL

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II. Electronic Access Manufacturers Assistance (HFM–40), Evaluation and Research and Biologics Persons with access to the Internet Center for Biologics Evaluation and Evaluation and Research, FDA; and the may obtain the documents at http:// Research (CBER), Food and Drug Pharmaceutical Research and www.fda.gov/cdrh/pmapage.html. Administration, 1401 Rockville Pike, Manufacturers of America. The ICH Rockville, MD 20852–1448. The draft Secretariat, which coordinates the Dated: August 22, 2005. guidance may also be obtained by mail preparation of documentation, is Linda S. Kahan, by calling the CBER Voice Information provided by the International Deputy Director, Center for Devices and System at 1–800–835–4709 or 301–827– Federation of Pharmaceutical Radiological Health. 1800. Send two self-addressed adhesive Manufacturers Associations (IFPMA). [FR Doc. 05–17602 Filed 9–2–05; 8:45 am] labels to assist the office in processing The ICH Steering Committee includes BILLING CODE 4160–01–S your requests. See the SUPPLEMENTARY representatives from each of ICH’s INFORMATION section for electronic sponsors and IFPMA, as well as access to the draft guidance document. DEPARTMENT OF HEALTH AND observers from the World Health FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES Organization, Health Canada, and the Regarding the guidance: Randy Levin, European Free Trade Area. Food and Drug Administration Center for Drug Evaluation and In May 2005, the ICH Steering Research (HFD–001), Food and Committee agreed that a draft guidance [Docket No. 2005D–0324] Drug Administration, 5600 Fishers entitled ‘‘M5 Data Elements and Lane, Rockville, MD 20857, 301– International Conference on Standards for Drug Dictionaries’’ should 827–7784; or Ann Schwartz, Center Harmonisation; Draft Guidance on M5 be made available for public comment. Data Elements and Standards for Drug for Biologics Evaluation and The draft guidance is the product of the Dictionaries; Availability Research (HFM–475), Food and M5 Expert Working Group of the ICH. Drug Administration, 1401 Comments about this draft will be AGENCY: Food and Drug Administration, Rockville Pike, rm. 300N, Rockville, considered by FDA and the M5 expert HHS. MD 20832, 301–827–3070. working group. ACTION: Notice. Regarding the ICH: Michelle Limoli, The draft guidance describes the data Office of International Programs elements that ICH recommends be made SUMMARY: The Food and Drug (HFG–1), Food and Drug available to interested parties to assist in Administration (FDA) is announcing the Administration, 5600 Fishers Lane, availability of a draft guidance entitled the development and maintenance of Rockville, MD 20857, 301–827– drug dictionaries. The draft guidance ‘‘M5 Data Elements and Standards for 4480. Drug Dictionaries.’’ The draft guidance outlines each data element and provides was prepared under the auspices of the SUPPLEMENTARY INFORMATION: recommended standards for the data elements. The draft guidance addresses International Conference on I. Background Harmonisation of Technical medicinal products (drugs and In recent years, many important Requirements for Registration of biologics) and is intended to accomplish initiatives have been undertaken by Pharmaceuticals for Human Use (ICH). the following goals: regulatory authorities and industry The draft guidance describes the data • Improve the exchange of medicinal associations to promote international elements and standards that ICH product information, harmonization of regulatory recommends be made available to • Improve consistency in evaluating requirements. FDA has participated in interested parties to assist in the and comparing medicinal products for many meetings designed to enhance development and maintenance of drug postmarketing surveillance activities, harmonization and is committed to dictionaries. The draft guidance is • seeking scientifically based harmonized Provide consistent terminology for intended to facilitate the exchange and technical procedures for pharmaceutical the health care community, and practical use of medicinal product • development. One of the goals of Reduce administrative burdens for information at the international level, harmonization is to identify and then the pharmaceutical industry when such as with postmarketing safety reduce differences in technical complying with different regional reporting. requirements for drug development regulatory requirements. DATES: Submit written or electronic among regulatory agencies. The draft guidance refers to approved comments on the draft guidance by ICH was organized to provide an medicinal products. The draft guidance October 21, 2005. General comments on opportunity for tripartite harmonization does not apply to homeopathic agency guidance documents are initiatives to be developed with input medicinal products or investigational welcome at any time. from both regulatory and industry medicinal products. The draft guidance ADDRESSES: Submit written comments representatives. FDA also seeks input does not cover the establishment and on the draft guidance to the Division of from consumer representatives and maintenance of a drug dictionary. Dockets Management (HFA–305), Food others. ICH is concerned with This draft guidance is being issued and Drug Administration, 5630 Fishers harmonization of technical consistent with FDA’s good guidance Lane, rm. 1061, Rockville, MD 20852. requirements for the registration of practices regulation (21 CFR 10.115). Submit electronic comments to http:// pharmaceutical products among three The draft guidance, when finalized, will www.fda.gov/dockets/ecomments. regions: The European Union, Japan, represent the agency’s current thinking Submit written requests for single and the United States. The six ICH on M5 data elements and standards for copies of the draft guidance to the sponsors are the European Commission; drug dictionaries. It does not create or Division of Drug Information (HFD– the European Federation of confer any rights for or on any person 240), Center for Drug Evaluation and Pharmaceutical Industries Associations; and does not operate to bind FDA or the Research, Food and Drug the Japanese Ministry of Health, Labour, public. An alternative approach may be Administration, 5600 Fishers Lane, and Welfare; the Japanese used if such approach satisfies the Rockville, MD 20857; or the Office of Pharmaceutical Manufacturers requirements of the applicable statutes Communication, Training, and Association; the Centers for Drug and regulations.

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II. Comments SUMMARY: The Federal Emergency Collection of Information Interested persons may submit to the Management Agency, as part of its Title: Right to Submit Technical or Division of Dockets Management (see continuing effort to reduce paperwork Scientific Data to Correct Mapping ADDRESSES) written or electronic and respondent burden, invites the Deficiencies. comments on the draft guidance. Submit general public and other Federal Type of Information Collection: a single copy of electronic comments or agencies to take this opportunity to Revision of a Currently Approved two paper copies of any mailed comment on proposed information Collection. comments, except that individuals may collections. In accordance with the OMB Number: 1660–0015. submit one paper copy. Comments are Paperwork Reduction Act of 1995 (44 Form Numbers: FEMA Forms 81–87, to be identified with the docket number U.S.C. 3506(c)(2)(A)), this notice seeks 81–87A, 81–87B. found in brackets in the heading of this comments concerning information Abstract: The certification forms document. The draft guidance and required by FEMA to amend or revise (referred to as MT–1 series forms) are received comments may be seen in the National Flood Insurance Program Maps designed to assist requesters in Division of Dockets Management to remove certain property from the 1- gathering information that FEMA needs between 9 a.m. and 4 p.m., Monday percent annual chance floodplain. to determine whether a certain property through Friday. is likely to be flooded during the flood SUPPLEMENTARY INFORMATION. With the III. Electronic Access event that has a 1-percent annual passage of the Flood Disaster Protection chance of being equaled or exceeded in Persons with access to the Internet Act of 1973, an owner of a structure, any given year (base flood). FEMA Form may obtain the document at http:// with a federally backed mortgage, 81–87, Property Information, describes www.fda.gov/ohrms/dockets/ located in the 1-percent annual chance the location of the property, what is default.htm, http://www.fda.gov/cder/ floodplain, was required to purchase being requested, and what data are guidance/index.htm, or http:// federal flood insurance. This was in required to support the request. FEMA www.fda.gov/cber/reading.htm. response to the escalating damage Form 81–87A, Elevation Information, Dated: August 29, 2005. caused by flooding and the indicates what the Base (1-percent Jeffrey Shuren, unavailability of flood insurance from annual chance) Flood Elevation (BFE) Assistant Commissioner for Policy. commercial insurance companies. As for the property is, how the BFE was [FR Doc. 05–17597 Filed 9–2–05; 8:45 am] part of this effort, FEMA mapped the 1- determined, the lowest ground elevation BILLING CODE 4160–01–S percent annual chance floodplain in on the property, and/or the elevation of communities. However, due to scale the lowest adjacent grade to any limitations, individual structures that structures on the property. This DEPARTMENT OF HOMELAND may be above the base flood cannot information is required in order for SECURITY always be shown as being out of the 1- FEMA to determine if the property that percent annual chance floodplain. the requester would like removed from Federal Emergency Management FEMA will issue a Letter of Map the SFHA FEMA Form 81–87B, Agency Amendment (LOMA) or a Letter of Map Community Acknowledgment, requires that a community official certify that the Agency Information Collection Revision—Based on Fill (LOMR–F) to waive the Federal requirement for flood request complies with minimum Activities: Proposed Collection; floodplain management criteria insurance when data is submitted to Comment Request specified in 44 CFR 60.3, as per NFIP show that the property or structure is regulations 44 CFR 65.5(a)(4). ACTION: Notice and request for ‘‘reasonably safe from flooding’’ and at Estimated Total Annual Burden comments. or above the elevation of the base flood. Hours: 57,300.

ANNUAL BURDEN HOURS

Number of Frequency of Burden hours Annual Total annual Project/activity (survey, form(s), focus group, etc.) respondents responses per respond- responses burden hours ent × × × (A) (B) (C) (A B) (A B C)

81–87 ...... 18,272 Annual (1)...... 1.63 18,272 29,783 81–87A ...... 18,272 Annual (1)...... 1.25 18,272 22,840 81–87B ...... 3,389 Annual (1)...... 1.38 3,389 4,677

Total ...... 39,933 ...... 4.26 39,933 57,300

Estimated Cost. Cost to respondents is accuracy of the agency’s estimate of the technological collection techniques or estimated to be $1,325,597 annually, burden of the proposed collection of other forms of information technology, while the cost to the Federal information, including the validity of e.g., permitting electronic submissions Government is estimated to be $94,300 the methodology and assumptions used; of responses. Comments should be annually. (c) enhance the quality, utility, and received within 60 days of the date of Comments: Written comments are clarity of the information to be this notice. solicited to (a) evaluate whether the collected; and (d) minimize the burden ADDRESSES: Interested persons should proposed data collection is necessary for of the collection of information on those submit written comments to Chief, the proper performance of the agency, who are to respond, including through Records Management Section, including whether the information shall the use of appropriate automated, Information Resources Management have practical utility; (b) evaluate the electronic, mechanical, or other Branch, Information Technology

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Services Division, Federal Emergency collections. In accordance with the FEMA Form 81–89, Overview and Management Agency, Emergency Paperwork Reduction Act of 1995 (44 Concurrence Form, describes the Preparedness and Response Directorate, U.S.C. 3506(c)(2)(A)), this notice seeks location of the request, what is being Department of Homeland Security, 500 comments concerning information requested, and what data are required to C Street, SW., Room 316, Washington, required by FEMA to revise National support the request. In addition, NFIP DC 20472. Flood Insurance Program Maps. regulations 44 CFR 65.5(a)(4) require FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: With the that a community official certify that the Contact Ms. Cecilia Lynch, FEMA, passage of the Flood Disaster Protection request complies with minimum Federal Insurance and Mitigation Act of 1973, an owner of a structure, floodplain management criteria Administration at (202) 646–7045 for with a federally backed mortgage, specified in 44 CFR 60.3. This form additional information. You may located in the 1-percent annual chance ensures that this requirement is fulfilled contact the Records Management floodplain, was required to purchase prior to the submittal of the request to Section for copies of the proposed federal flood insurance. This was in FEMA. FEMA Form 81–89A, Riverine collection of information at facsimile response to the escalating damage Hydrology and Hydraulics Form, allows number (202) 646–3347 or email caused by flooding and the FEMA to efficiently review assumptions unavailability of flood insurance from address: FEMA-Information- made, parameters used, and the results commercial insurance companies. As [email protected]. of hydrologic and hydraulic analyses part of this effort, FEMA mapped the 1- Dated: August 26, 2005. percent annual chance floodplain in performed in support of a revision Deborah A. Moradi, communities. However, the 1-percent request. It also addresses more common Acting Branch Chief, Information Resources annual chance floodplain may change regulatory issues; FEMA Form 81–89B, Management Branch, Information due to changes within the floodplain, or Riverine Structures Form, allows FEMA Technology Services Division. may be more accurately depicted to efficiently review assumptions made, [FR Doc. 05–17627 Filed 9–2–05; 8:45 am] through the use of more up-to-date parameters used, and the results of BILLING CODE 9110–12–P methods and data. FEMA will issue a revision requests involving new or Letter of Map Revision to officially modified structures in riverine flood hazard areas; FEMA Form 81–89C, DEPARTMENT OF HOMELAND revise the 1-percent annual chance Coastal Analysis Form, allows FEMA to SECURITY floodplain. efficiently review assumptions made, Collection of Information Federal Emergency Management parameters used, and the results of Agency Title: Consultation with Local coastal analyses performed in support of Officials to Assure Compliance—Sec. a revision request. It also addresses Agency Information Collection 110 and 206. more common regulatory issues; FEMA Activities: Proposed Collection; Type of Information Collection. Form 81–89D, Coastal Structures Form, Comment Request Revision of a currently approved allows FEMA to efficiently review collection. OMB Number: 1660–0016. assumptions made, parameters used, ACTION: Notice and request for and the results of revision requests comments. Form Numbers. FEMA forms 81–89, 81–89A, 81–89B, 81–89C, 81–89D, 81– involving new or modified structures in SUMMARY: The Federal Emergency 89E coastal flood hazard areas; FEMA Form Management Agency, as part of its Abstract. The certification forms 81–89E, Alluvial Fan Flooding Form, continuing effort to reduce paperwork (referred to as MT–2 series forms) are allows FEMA to efficiently review and respondent burden, invites the designed to assist requesters in assumptions made, parameters used, general public and other Federal gathering information that FEMA needs and the results of alluvial fan flooding agencies to take this opportunity to to revise a National Flood Insurance analyses performed in support of a comment on proposed information Program map. revision request.

ESTIMATED TOTAL ANNUAL BURDEN HOURS

Number of Hours per re- Annual burden FEMA forms respondents Frequency of response sponse hours (A) (B) (C) (A × B × C)

81–89 ...... 1,400 Annual ...... 1.0 1,400 81–89A ...... 1,400 Annual ...... 3.5 4,320 81–89B ...... 1,400 Annual ...... 7.0 10,080 81–89C ...... 1,400 Annual ...... 1.0 1,400 81–89D ...... 1,400 Annual ...... 1.0 1,400 81–89E ...... 1,400 Annual ...... 1.0 1,400

Total ...... 1,400 ...... 14.5 20,880,000

Estimated Cost. Cost to respondents is proposed data collection is necessary for the methodology and assumptions used; estimated to be $1,044,000 annually, the proper performance of the agency, (c) enhance the quality, utility, and while the cost to the Federal including whether the information shall clarity of the information to be Government is estimated to be $100,220 have practical utility; (b) evaluate the collected; and (d) minimize the burden annually. accuracy of the agency’s estimate of the of the collection of information on those Comments: Written comments are burden of the proposed collection of who are to respond, including through solicited to (a) evaluate whether the information, including the validity of the use of appropriate automated,

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electronic, mechanical, or other the Robert T. Stafford Disaster Relief Assistance Grants; 97.039, Hazard Mitigation technological collection techniques or and Emergency Assistance Act, 42 Grant Program.) other forms of information technology, U.S.C. 5121–5206 (the Stafford Act), as Michael D. Brown, e.g., permitting electronic submission of follows: Under Secretary, Emergency Preparedness and Response, Department of Homeland responses. Comments should be I have determined that the damage in Security. received within 60 days of the date of certain areas of the State of Kansas, resulting this notice. from severe storms and flooding on June 30, [FR Doc. 05–17632 Filed 9–2–05; 8:45 am] ADDRESSES: Interested persons should 2005, through July 1, 2005, is of sufficient BILLING CODE 9110–10–P submit written comments to Chief, severity and magnitude to warrant a major Records Management Section, disaster declaration under the Robert T. Information Resources Management Stafford Disaster Relief and Emergency DEPARTMENT OF HOMELAND Branch, Information Technology Assistance Act, 42 U.S.C. 5121–5206 (the SECURITY Stafford Act). Therefore, I declare that such Services Division, Federal Emergency a major disaster exists in the State of Kansas. Federal Emergency Management Management Agency, Emergency In order to provide Federal assistance, you Agency Preparedness and Response Directorate, are hereby authorized to allocate from funds Department of Homeland Security, 500 available for these purposes such amounts as [FEMA–1601–DR] C Street, SW., Room 316, Washington, you find necessary for Federal disaster DC 20472. assistance and administrative expenses. Louisiana; Major Disaster and Related Determinations FOR FURTHER INFORMATION CONTACT: You are authorized to provide Public Assistance in the designated areas; Hazard Contact Ms. Cecelia Lynch, FEMA AGENCY: Federal Emergency Federal Insurance and Mitigation Mitigation throughout the State; and any other forms of assistance under the Stafford Management Agency, Emergency Administration at (202) 646–7045 for Act you may deem appropriate. Consistent Preparedness and Response Directorate, additional information. You may with the requirement that Federal assistance Department of Homeland Security. contact the Records Management be supplemental, any Federal funds provided ACTION: Notice. Section for copies of the proposed under the Stafford Act for Public Assistance collection of information at facsimile and Hazard Mitigation will be limited to 75 SUMMARY: This is a notice of the number (202) 646–3347 or e-mail percent of the total eligible costs. If Other Presidential declaration of a major address: FEMA-Information- Needs Assistance under Section 408 of the disaster for the State of Louisiana [email protected]. Stafford Act is later requested and warranted, (FEMA–1601–DR), dated August 23, Federal funding under that program will also 2005, and related determinations. Dated: August 26, 2005. be limited to 75 percent of the total eligible EFFECTIVE DATE: August 23, 2005. Deborah A. Moradi, costs. Acting Branch Chief, Information Resources Further, you are authorized to make FOR FURTHER INFORMATION CONTACT: Management Branch, Information changes to this declaration to the extent Magda Ruiz, Recovery Division, Federal Technology Services Division. allowable under the Stafford Act. Emergency Management Agency, [FR Doc. 05–17628 Filed 9–2–05; 8:45 am] Washington, DC 20472, (202) 646–2705. The Federal Emergency Management BILLING CODE 9110–12–P SUPPLEMENTARY INFORMATION: Notice is Agency (FEMA) hereby gives notice that hereby given that, in a letter dated pursuant to the authority vested in the August 23, 2005, the President declared DEPARTMENT OF HOMELAND Under Secretary for Emergency a major disaster under the authority of SECURITY Preparedness and Response, Department the Robert T. Stafford Disaster Relief of Homeland Security, under Executive and Emergency Assistance Act, 42 Federal Emergency Management Order 12148, as amended, Thomas J. U.S.C. 5121–5206 (the Stafford Act), as Agency Costello, of FEMA is appointed to act as follows: the Federal Coordinating Officer for this [FEMA–1600–DR] declared disaster. I have determined that the damage in certain areas of the State of Louisiana, Kansas; Major Disaster and Related I do hereby determine the following resulting from Tropical Storm Cindy on July Determinations areas of the State of Kansas to have been 5–6, 2005, is of sufficient severity and affected adversely by this declared magnitude to warrant a major disaster AGENCY: Federal Emergency major disaster: declaration under the Robert T. Stafford Management Agency, Emergency Disaster Relief and Emergency Assistance Preparedness and Response Directorate, Cherokee, Crawford, and Neosho Act, 42 U.S.C. 5121–5206 (the Stafford Act). Department of Homeland Security. Counties for Public Assistance. Therefore, I declare that such a major disaster ACTION: Notice. All counties within the State of exists in the State of Louisiana. Kansas are eligible to apply for In order to provide Federal assistance, you SUMMARY: This is a notice of the assistance under the Hazard Mitigation are hereby authorized to allocate from funds available for these purposes such amounts as Presidential declaration of a major Grant Program. disaster for the State of Kansas (FEMA– you find necessary for Federal disaster 1600–DR), dated August 23, 2005, and (The following Catalog of Federal Domestic assistance and administrative expenses. Assistance Numbers (CFDA) are to be used You are authorized to provide Public related determinations. for reporting and drawing funds: 97.030, Assistance and Hazard Mitigation in the EFFECTIVE DATE: August 23, 2005. Community Disaster Loans; 97.031, Cora designated areas; and any other forms of FOR FURTHER INFORMATION CONTACT: Brown Fund Program; 97.032, Crisis assistance under the Stafford Act you may Magda Ruiz, Recovery Division, Federal Counseling; 97.033, Disaster Legal Services deem appropriate. Consistent with the Emergency Management Agency, Program; 97.034, Disaster Unemployment requirement that Federal assistance be Washington, DC 20472, (202) 646–2705. Assistance (DUA); 97.046, Fire Management supplemental, any Federal funds provided Assistance; 97.048, Individuals and under the Stafford Act for Public Assistance SUPPLEMENTARY INFORMATION: Notice is Households Housing; 97.049, Individuals and and Hazard Mitigation will be limited to 75 hereby given that, in a letter dated Households Disaster Housing Operations; percent of the total eligible costs. If Other August 23, 2005, the President declared 97.050 Individuals and Households Needs Assistance under Section 408 of the a major disaster under the authority of Program—Other Needs 97.036, Public Stafford Act is later requested and warranted,

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Federal funding under that program will also (FEMA–1599–DR), dated August 22, All counties within the State of be limited to 75 percent of the total eligible 2005, and related determinations. Wyoming are eligible to apply for costs. EFFECTIVE DATE: August 22, 2005. assistance under the Hazard Mitigation Further, you are authorized to make Grant Program. changes to this declaration to the extent FOR FURTHER INFORMATION CONTACT: allowable under the Stafford Act. Magda Ruiz, Recovery Division, Federal (The following Catalog of Federal Domestic Emergency Management Agency, Assistance Numbers (CFDA) are to be used The Federal Emergency Management Washington, DC 20472, (202) 646–2705. for reporting and drawing funds: 97.030, Agency (FEMA) hereby gives notice that Community Disaster Loans; 97.031, Cora SUPPLEMENTARY INFORMATION: Notice is pursuant to the authority vested in the Brown Fund Program; 97.032, Crisis Under Secretary for Emergency hereby given that, in a letter dated Counseling; 97.033, Disaster Legal Services Preparedness and Response, Department August 22, 2005, the President declared Program; 97.034, Disaster Unemployment of Homeland Security, under Executive a major disaster under the authority of Assistance (DUA); 97.046, Fire Management Order 12148, as amended, Sandra the Robert T. Stafford Disaster Relief Assistance; 97.048, Individuals and and Emergency Assistance Act, 42 Households Housing; 97.049, Individuals and Coachman, of FEMA is appointed to act Households Disaster Housing Operations; as the Federal Coordinating Officer for U.S.C. 5121–5206 (the Stafford Act), as follows: 97.050, Individuals and Households this declared disaster. Program—Other Needs; 97.036, Public I do hereby determine the following I have determined that the damage in Assistance Grants; 97.039, Hazard Mitigation areas of the State of Louisiana to have certain areas of the State of Wyoming Grant Program.) been affected adversely by this declared resulting from a tornado on August 12, 2005, Michael D. Brown, major disaster: is of sufficient severity and magnitude to warrant a major disaster declaration under Under Secretary, Emergency Preparedness Jefferson, Lafourche, Plaquemines, St. the Robert T. Stafford Disaster Relief and and Response, Department of Homeland Bernard, and St. Charles Parishes for Emergency Assistance Act, 42 U.S.C. 5121– Security. Public Assistance. 5206 (the Stafford Act). Therefore, I declare [FR Doc. 05–17633 Filed 9–2–05; 8:45 am] Jefferson, Lafourche, Plaquemines, St. that such a major disaster exists in the State BILLING CODE 9110–10–P Bernard, and St. Charles Parishes in the of Wyoming. State of Louisiana are eligible to apply In order to provide Federal assistance, you for assistance under the Hazard are hereby authorized to allocate from funds DEPARTMENT OF HOMELAND Mitigation Grant Program. available for these purposes such amounts as SECURITY you find necessary for Federal disaster (The following Catalog of Federal Domestic assistance and administrative expenses. Federal Emergency Management Assistance Numbers (CFDA) are to be used You are authorized to provide Individual Agency for reporting and drawing funds: 97.030, Assistance in the designated areas; Hazard Community Disaster Loans; 97.031, Cora Mitigation throughout the State; and any Open Meeting, Board of Visitors for the Brown Fund Program; 97.032, Crisis other forms of assistance under the Stafford Counseling; 97.033, Disaster Legal Services Act you may deem appropriate. Consistent National Fire Academy Program; 97.034, Disaster Unemployment with the requirement that Federal assistance AGENCY: U.S. Fire Administration Assistance (DUA); 97.046, Fire Management be supplemental, any Federal funds provided (USFA), Federal Emergency Assistance; 97.048, Individuals and under the Stafford Act for Hazard Mitigation Households Housing; 97.049, Individuals and and the Other Needs Assistance under Management Agency (FEMA), Households Disaster Housing Operations; Section 408 of the Stafford Act will be Emergency Preparedness and Response 97.050, Individuals and Households limited to 75 percent of the total eligible Directorate, Department of Homeland Program—Other Needs; 97.036, Public costs. If Public Assistance is later requested Security. Assistance Grants; 97.039, Hazard Mitigation and warranted, Federal funds provided under ACTION: Notice of open meeting. Grant Program.) that program will also be limited to 75 Michael D. Brown, percent of the total eligible costs. SUMMARY: In accordance with section Further, you are authorized to make Under Secretary, Emergency Preparedness 10(a)(2) of the Federal Advisory changes to this declaration to the extent Committee Act, 5 U.S.C. App. 2, FEMA and Response, Department of Homeland allowable under the Stafford Act. Security. announces the following committee [FR Doc. 05–17631 Filed 9–2–05; 8:45 am] The time period prescribed for the meeting: Name: Board of Visitors (BOV) for the BILLING CODE 9110–10–P implementation of section 310(a), Priority to Certain Applications for National Fire Academy. Public Facility and Public Housing Dates of Meeting: October 7–8, 2005. DEPARTMENT OF HOMELAND Assistance, 42 U.S.C. 5153, shall be for Place: Building H, Room 300, SECURITY a period not to exceed six months after National Emergency Training Center, the date of this declaration. Emmitsburg, Maryland. Federal Emergency Management The Federal Emergency Management Time: October 7, 9 a.m. to 5 p.m., and Agency Agency (FEMA) hereby gives notice that October 8, 9 a.m. to 3 p.m. pursuant to the authority vested in the Proposed Agenda: Review National [FEMA–1599–DR] Under Secretary for Emergency Fire Academy Program Activities. SUPPLEMENTARY INFORMATION: The Wyoming; Major Disaster and Related Preparedness and Response, Department meeting will be open to the public in Determinations of Homeland Security, under Executive Order 12148, as amended, Michael Karl, the Emmitsburg commuting area with AGENCY: Federal Emergency of FEMA is appointed to act as the seating available on a first-come, first- Management Agency, Emergency Federal Coordinating Officer for this served basis. Members of the general Preparedness and Response Directorate, declared disaster. public who plan to participate in the Department of Homeland Security. I do hereby determine the following meeting should contact the Office of the ACTION: Notice. areas of the State of Wyoming to have Superintendent, National Fire Academy, been affected adversely by this declared U.S. Fire Administration, 16825 South SUMMARY: This is a notice of the major disaster: Seton Avenue, Emmitsburg, MD 21727, Presidential declaration of a major Campbell County for Individual (301) 447–1117, on or before September disaster for the State of Wyoming Assistance. 26, 2005.

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Minutes of the meeting will be App.), this notice announces a joint Office, Boise, Idaho, effective 9 a.m., on prepared and will be available for meeting of the ANS Task Force Western the dates specified. public viewing in the Office of the U.S. Regional Panel and Mississippi River FOR FURTHER INFORMATION CONTACT: Fire Administrator, U.S. Fire Basin Regional Panel. The ANS Task Bureau of Land Management, 1387 Administration, Federal Emergency Force was established by the South Vinnell Way, Boise, Idaho 83709– Management Agency, Emmitsburg, Nonindigenous Aquatic Nuisance 1657. Maryland 21727. Copies of the minutes Prevention and Control Act of 1990. The will be available upon request within 60 Western Regional Panel was established SUPPLEMENTARY INFORMATION: These days after the meeting. by the ANS Task Force in 1997, and the surveys were executed at the request of Mississippi River Basin Panel was the Bureau of Indian Affairs to meet Dated: August 23, 2005. their administrative needs. The lands R. David Paulison, established by the ANS Task Force in 2003. Both Regional Panels are surveyed are: U.S. Fire Administrator. comprised of representatives from The plat representing the dependent [FR Doc. 05–17635 Filed 9–2–05; 8:45 am] Federal, State, and local agencies, as resurvey of portions of the west BILLING CODE 9110–17–P well as from private environmental and boundary, the subdivisional lines, the commercial interests, and each performs subdivision of sections 7 and 18, the the following activities: adjusted 1873 and 1889–1891 meanders DEPARTMENT OF THE INTERIOR a. Identifies priorities for activities in of the right bank of the Clearwater River, and of a portion of Parcel 2 in section Fish and Wildlife Service its respective region, b. Develops and submits 7, additional survey of subdivision lines Aquatic Nuisance Species Task recommendations to the national ANS in sections 7 and 18, the subdivision of Force—Joint Meeting of the Western Task Force, section 19, and the survey of the 1999– Regional Panel and the Mississippi c. Coordinates ANS program activities 2001 meanders of portions of the left River Basin Regional Panel in its respective region, bank of the Clearwater River in section d. Advises public and private 6 and portions of the right bank in AGENCY: Fish and Wildlife Service, interests on control efforts, and section 7, a partition line in section 7, Interior. e. Submits an annual report to the the metes-and-bounds surveys in ACTION: Notice of meeting. ANS Task Force describing activities section 18, and the survey of lot 20 in within its respective region related to section 19, in T. 33 N., R. 4 E., Boise SUMMARY: This notice announces a joint ANS prevention, research, and control. Meridian, Idaho, was accepted July 1, meeting of the Aquatic Nuisance Topics to be addressed at this meeting 2005. Species (ANS) Task Force Western include: Updates on the two Panels and The plat representing the dependent Regional Panel and Mississippi River discussions of opportunities for the two resurvey of portions of the south and Basin Regional Panel. The meeting is Panels to work together; invasive west boundaries, the subdivisional open to the public. The meeting topics aquatic plants; invasive aquatic birds; lines, the subdivision of sections 1, 11, are identified in the SUPPLEMENTARY invasive fish; updates on the ANS Task and 12, lot 43 of section 1, the adjusted INFORMATION section. Force and the National Invasive Species record meanders of a portion of the left DATES: The Western Regional Panel and Council; zebra mussels and the effect on bank of the Clearwater River in section Mississippi River Basin Regional Panel diving ducks; white perch; marketing 1, the additional survey of subdivision will meet from 8 a.m. to 4:30 p.m. on strategies; Canada/Mexico cooperation; lines in sections 1, 11, and 12, the Wednesday, September 7, 2005, 8 a.m. pathway management; and Hazard subdivision of sections 14, 15, 16, 17, to 4:30 p.m. on Thursday, September 8, Analysis and Critical Control Point 19, 20, 21, 22, 29, 30, 32, and 36, the 2005, and 8:30 a.m. to noon on Friday, (HACCP) planning. survey of lot Nos. 56, 58, and 61, in September 9, 2005. Dated: August 9, 2005. section 1, lot No. 8 in section 11, and ADDRESSES: The Western Regional Panel of lot No. 58 in section 12, in T. 33 N., Frank Deluise, and Mississippi River Basin Regional R. 3 E., Boise Meridian, Idaho was Panel meeting will be held at the Hyatt Acting Co-Chair, Aquatic Nuisance Species accepted July 1, 2005. Task Force, Assistant Director—Fisheries & Regency Wichita, 400 West Waterman, The plat, in 4 sheets, of the dependent Wichita, KS 67202; (316) 293–1918. Habitat Conservation. [FR Doc. 05–17621 Filed 9–2–05; 8:45 am] resurvey of portions of the First Minutes of the meeting will be Standard Parallel South (south BILLING CODE 4310–55–P maintained in the office of Division of boundary) and subdivisional lines, and Environmental Quality, Chief, Branch of the subdivision of sections 26, 27, 34, Invasive Species, U.S. Fish and Wildlife DEPARTMENT OF THE INTERIOR and 35, and the metes-and-bounds Service, Suite 322, 4401 North Fairfax surveys of the rights-of-way of Interstate Drive, Arlington, Virginia 22203–1622, Bureau of Land Management Highway 86 through sections 26 and 27, and will be made available for public and Gas Plant Road through sections 26, inspection during regular business [ID–957–1420–BJ] 27, 34, and 35, in T. 6 S., R. 32 E., Boise hours, Monday through Friday. Meridian, Idaho, was accepted August FOR FURTHER INFORMATION CONTACT: Idaho: Filing of Plats of Survey 11, 2005. Bettina Proctor, Western Regional Panel AGENCY: Bureau of Land Management, The plat, in 4 sheets, of the dependent Coordinator, 303–236–4515, Interior. resurvey of portions of the east [email protected], or Jerry ACTION: boundary and subdivisional lines, and Rasmussen, Mississippi River Basin Notice of Filing of Plats of Surveys. the subdivision of sections 2, 3, 10, 11, Panel Coordinator, 309–793–5811, 12, 14, 15, and 16, and certain metes- [email protected]. SUMMARY: The Bureau of Land and-bounds surveys in sections 2, 3, 10, SUPPLEMENTARY INFORMATION: Pursuant Management (BLM) has officially filed 11, 12, 14, 15, and 16, in T. 7 S., R. 32 to section 10(a)(2) of the Federal the plats of survey of the lands E., Boise Meridian, Idaho, was accepted Advisory Committee Act (5 U.S.C. described below in the BLM Idaho State August 11, 2005.

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The plat, in 3 sheets, of the dependent Manager, Northeast Region—Boston, 15 U.S. Patent No. 6,840,613, and claims resurvey of the First Standard Parallel State Street, Boston, MA 02109, 1–2 of U.S. Patent No. 6,840,612. The South (south boundary), a portion of the telephone (617) 223–5191. complaint further alleges that an east boundary (New East Boundary of SUPPLEMENTARY INFORMATION: The industry in the United States exists as the Fort Hall Indian Reservation) and a meeting will be open to the public. The required by subsection (a)(2) of section portion of the subdivisional lines, and agenda will include: Welcome & 337. the subdivision of sections 24, 25, 34, Introductions; Approval of Minutes; The complainant requests that the 35, and 36, and certain metes-and- Status of Membership/FACA Charter; Commission institute an investigation bounds surveys in sections 24, 25, 34, Discussion/Revision of Draft and, after the investigation, issue a 35, and 36, in T. 6 S., R. 33 E., Boise Management Plan Outline; permanent exclusion order and Meridian, Idaho, was accepted August Consideration of Staffing/Contracting permanent cease and desist orders. 12, 2005. Options; Introduction to ‘‘Partnership ADDRESSES: The complaint, except for The plat, in 3 sheets, of the dependent Wild and Scenic Rivers’’; and Closing any confidential information contained resurvey of a portion of the Summary/Next Steps. Any member of therein, is available for inspection subdivisional lines, and the subdivision the public may file with the Committee during official business hours (8:45 a.m. of sections 3, 4, 5, 7, and 8, and certain a written statement concerning agenda to 5:15 p.m.) in the Office of the metes-and-bounds surveys in sections 3, items. The statement should be Secretary, U.S. International Trade 4, 5, 7, and 8, in T. 7 S., R. 33 E., Boise addressed to the Wekiva River System Commission, 500 E Street, SW., Room Meridian, Idaho, was accepted August Advisory Management Committee, 112, Washington, DC 20436, telephone 12, 2005. National Park Service, 15 State Street, 202–205–2000. Hearing impaired This survey was executed at the Boston, MA 02109. individuals are advised that information request of the National Park Service to The Wekiva River System Advisory on this matter can be obtained by meet their administrative needs. The Management Committee was established contacting the Commission’s TDD lands surveyed are: by Public Law 106–299 to assist in the terminal on 202–205–1810. Persons The plat representing the dependent development of the comprehensive with mobility impairments who will resurvey of a portion of the west management plan for the Wekiva River need special assistance in gaining access boundary, and a portion of the System and provide advice to the to the Commission should contact the subdivisional lines, and the subdivision Secretary in carrying out management Office of the Secretary at 202–205–2000. of sections 8, 19, 20, 21, and 28, in T. responsibilities of the Secretary under General information concerning the 15 S., R. 24 E., Boise Meridian, Idaho, the Wild and Scenic Rivers Act (16 Commission may also be obtained by was accepted July 19, 2005. U.S.C. 1274). accessing its Internet server at http:// Dated: August 30, 2005. www.usitc.gov. The public record for Dated: August 17, 2005. Stanley G. French, this investigation may be viewed on the Jamie Fosburgh, Chief Cadastral Surveyor for Idaho. Commission’s electronic docket (EDIS) Rivers Program Manager. [FR Doc. 05–17611 Filed 9–2–05; 8:45 am] at http://edis.usitc.gov. [FR Doc. 05–17482 Filed 9–2–05; 8:45 am] BILLING CODE 4310–GG–P FOR FURTHER INFORMATION CONTACT: Erin BILLING CODE 4312–52–P D.E. Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade DEPARTMENT OF THE INTERIOR Commission, telephone 202–205–2550. INTERNATIONAL TRADE Authority: The authority for institution of National Park Service COMMISSION this investigation is contained in section 337 [Inv. No. 337–TA–549] of the Tariff Act of 1930, as amended, and Wekiva River System Advisory in section 210.10 of the Commission’s Rules Management Committee Meeting In the Matter of Certain Ink Sticks for of Practice and Procedure, 19 CFR 210.10 (2005). AGENCY: National Park Service, Solid Ink Printers; Notice of Department of the Interior. Investigation Scope of Investigation ACTION: Notice of meeting. AGENCY: International Trade Having considered the complaint, the U.S. International Trade Commission, SUMMARY: This notice announces a Commission. on August 29, 2005, Ordered that— September 20, 2005, meeting of the ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. (1) Pursuant to subsection (b) of Wekiva River System Advisory section 337 of the Tariff Act of 1930, as Management Committee. SUMMARY: Notice is hereby given that a amended, an investigation be instituted DATES: The meeting will be held complaint was filed with the U.S. to determine whether there is a Tuesday, September 20, 2005, at 6 p.m. International Trade Commission on violation of subsection (a)(1)(B) of ADDRESSES: The meeting will be held at August 2, 2005, under section 337 of the section 337 in the importation into the the Sylvan Lake Park, 845 Lake Tariff Act of 1930, as amended, 19 United States, the sale for importation, Markham Rd., Sanford, FL 32771. U.S.C. 1337, on behalf of Xerox or the sale within the United States after Sylvan Lake Park is located off Interstate Corporation of Stamford, Connecticut. importation of certain ink sticks for 4 at Exit 51 (SR 46). Take SR 46 West Supplemental letters were filed on solid ink printers by reason of to Lake Markham Rd. Turn left on Lake August 16, 2005 and August 22, 2005. infringement of one or more of claim 16 Markham Rd. and continue one mile to The complaint alleges violations of of U.S. Patent No. 6,739,713, claims Sylvan Lake Park on the left. Call (407) section 337 in the importation into the 5–10 and 13–14 of U.S. Patent No. 322–6567 or visit http:// United States, the sale for importation, 6,840,613, and claims 1–2 of U.S. Patent www.seminolecountyfl.gov/lls/parks/ and the sale within the United States No. 6,840,612, and whether an industry parkInfo.asp?id=20 for additional after importation of certain ink sticks for in the United States exists as required information on this facility. solid ink printers by reason of by subsection (a)(2) of section 337. FOR FURTHER INFORMATION CONTACT: infringement of claim 16 of U.S. Patent (2) For the purpose of the Jamie Fosburgh, Rivers Program No. 6,739,713, claims 5–10 and 13–14 of investigation so instituted, the following

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are hereby named as parties upon which DEPARTMENT OF JUSTICE http://www.holiday-inn.com/ this notice of investigation shall be bethesdamd. Parole Commission served: FOR FURTHER INFORMATION CONTACT: Erin (a) The complainant is—Xerox Sunshine Act; Public Announcement Vos, Sound Project Manager, Marine Corporation, 800 Long Ridge Road, Mammal Commission, 4340 East-West Stamford, Connecticut 06904. Pursuant to the Government in the Hwy., Rm. 905, Bethesda, MD 20814, e- (b) The respondents are the following Sunshine Act (Pub. L. 94–409) [5 U.S.C. mail: [email protected], tel.: 301–504– companies alleged to be in violation of 552b]. 0087, fax: 301–504–0099; or visit the section 337, and are the parties upon AGENCY HOLDING MEETING: Department of Commission’s Web site at http:// which the complaint is to be served: Justice, United States Parole www.mmc.gov. HANA Corporation, 8F Doojin B/D Commission. SUPPLEMENTARY INFORMATION: This 158 Samsung-Dong, Kangnam-Ku, Seoul TIME AND DATE: 10:30 a.m., Wednesday, meeting is to be held pursuant to the Korea. September 7, 2005. directive in the Omnibus InkSticks.com, Inc., 2120 Carey PLACE: 5550 Friendship Blvd., Fourth Appropriations Act of 2003 (Pub. L. Avenue, Suite 310, Cheyenne, Wyoming Floor, Chevy Chase, MD 20815. 108–7) that the Commission convene a conference or series of conferences to 82001. STATUS: Open. (c) Erin D.E. Joffre, Esq., Office of ‘‘share findings, survey acoustic ‘threats’ MATTER TO BE CONSIDERED: The meeting Unfair Import Investigations, U.S. to marine mammals, and develop means is being held to discuss the budget of reducing those threats while International Trade Commission, 500 E proposal for the fiscal year 2007. Street, SW., Suite 401, Washington, DC maintaining the oceans as a global 20436, who shall be the Commission AGENCY CONTACT: Thomas W. highway of international commerce.’’ investigative attorney, party to this Hutchison, Chief of Staff, United States The meeting agenda includes investigation; and Parole Commission, (301) 492–5990. discussions and negotiations related to Dated: August 31, 2005. (1) the final draft report of the Advisory (3) For the investigation so instituted, Committee on Acoustic Impacts on Rockne Chickinell, the Honorable Paul J. Luckern is Marine Mammals, including the designated as the presiding General Counsel, U.S. Parole Commission. Executive Summary, Introduction, and administrative law judge. [FR Doc. 05–17671 Filed 9–1–05; 10:42 am] chapters on Synthesis of Current Responses to the complaint and the BILLING CODE 4410–31–M Knowledge, Management and notice of investigation must be Mitigation, Research, and International submitted by the named respondents in Efforts; and (2) the process for accordance with section 210.13 of the MARINE MAMMAL COMMISSION endorsement of the final report. The Commission’s Rules of Practice and agenda also includes two public Procedure, 19 CFR 210.13. Pursuant to Committee Management; Notice of comment sessions. Guidelines for 19 CFR 201.16(d) and 210.13(a), such Public Meeting; Advisory Committee making public comments, background responses will be considered by the on Acoustic Impacts on Marine documents, and the meeting agenda, Commission if received not later than 20 Mammals including the specific times of public days after the date of service by the comment periods, will be posted on the AGENCY: Marine Mammal Commission. Commission of the complaint and the Commission’s Web site prior to the notice of investigation. Extensions of ACTION: Notice of advisory committee meeting. Written comments may be time for submitting responses to the meeting. submitted in advance or at the meeting. complaint and the notice of SUMMARY: Dated: August 29, 2005. investigation will not be granted unless The Marine Mammal David Cottingham, good cause therefor is shown. Commission (Commission) will hold the sixth meeting of its Advisory Committee Executive Director. Failure of a respondent to file a timely on Acoustic Impacts on Marine [FR Doc. 05–17601 Filed 9–2–05; 8:45 am] response to each allegation in the Mammals (Committee) 20 to 22 BILLING CODE 6820–31–M complaint and in this notice may be September, 2005 in Bethesda, Maryland. deemed to constitute a waiver of the right to appear and contest the DATES: The Committee will meet allegations of the complaint and this Tuesday, September 20, 2005, from 9 MEDICARE PAYMENT ADVISORY notice, and to authorize the a.m. to approximately 6 p.m.; COMMISSION Wednesday, September 21, to 8:30 a.m. administrative law judge and the Commission Meeting Commission, without further notice to to approximately 6:30 p.m.; and Thursday, September 22, from 8:30 a.m. the respondent, to find the facts to be as August 30, 2005. to approximately 6 p.m. This meeting is alleged in the complaint and this notice AGENCY: Medicare Payment Advisory open to the public. These times and the and to enter a final determination Commission. agenda topics described below are containing such findings, and may ACTION: Notice of meeting. result in the issuance of a limited subject to change. Please refer to the exclusion order or cease and desist Commission’s Web site (http:// SUMMARY: The Commission will hold its order or both directed against the www.mmc.gov) for the most up-to-date next public meeting on Thursday, respondent. meeting information. The Committee September 8, 2005, and Friday, has no plans for future meetings. September 9, 2005, at the Ronald Issued: August 30, 2005. ADDRESSES: The 20–22 September Reagan Building, International Trade By order of the Commission. meeting will be held at the Holiday Inn Center, 1300 Pennsylvania Avenue, Marilyn R. Abbott, Select Washington-Bethesda, 8120 NW., Washington, DC. The meeting is Secretary to the Commission. Wisconsin Avenue, Bethesda, MD tentatively scheduled to begin at 11 a.m. [FR Doc. 05–17612 Filed 9–2–05; 8:45 am] 20814, phone 877–888–3001 or 301– on September 8, and at 9:15 a.m. on BILLING CODE 7020–02–P 652–2000, fax 301–652–4525, Web September 9.

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Topics for discussion include findings Dated: September 1, 2005. held in Room 100 of the National on two congressionally mandated Connie M. Downs, Academies Keck Center located at 500 studies: home health margins, and OPIC Corporate Secretary. Fifth Street, NW., Washington, DC payments for oncology drugs and [FR Doc. 05–17723 Filed 9–1–05; 2:13 pm] 20001. administration services in the Medicare BILLING CODE 3210–01–M Type of Meeting: Open. Further system. The Commission will also details on the meeting agenda will be discuss issues related to the Medicare posted on the PCAST Web site at: wage index, outpatient therapy, valuing OVERSEAS PRIVATE INVESTMENT http://www.ostp.gov/PCAST/pcast.html. services in the physician fee schedule, CORPORATION Proposed Schedule and Agenda: The and physician resource use. The President’s Council of Advisors on Commission will also host a panel on September 15, 2005 Board of Directors Science and Technology is scheduled to quality measures in managed care Meeting meet in open session on Tuesday, organizations. September 20, 2005, at approximately 9 Time And Date: Thursday, September a.m. The PCAST is tentatively Agendas will be e-mailed 15, 2005, 10 a.m. (Open Portion) 10:15 scheduled to hear presentations on approximately one week prior to the a.m. (Closed Portion). research and commercialization meeting. The final agenda will be Place: Offices of the Corporation, activities in the areas of available on the Commission’s Web site Twelfth Floor Board Room, 1100 New pharmacogenomics (or personalized (http://www.medpac.gov). York Avenue, NW., Washington, DC. medicine) and alternative energy. These Status: Meeting Open to the Public This will be the last notice placed in are both areas in which PCAST may from 10 a.m. to 10:15 a.m. Closed the Federal Register by the undertake studies regarding the Federal portion will commence at 10:15 a.m. Commission. We will continue to e-mail role in research and development and (approx.). the barriers and possible implications meeting agendas, which you can sign up Matters To Be Considered: surrounding widespread adoption. A to receive at http://www.medpac.gov. 1. President’s Report. review and update of other PCAST They will also be posted on our Web 2. Approval of July 28, 2005 Minutes topics (e.g., nanotechnology) is also site. In addition, we will now e-mail a (Open Portion). tentatively scheduled to occur. This meeting notice two weeks prior to the Further Matters To Be Considered: session will end at approximately 5 p.m. meeting date. If you have any comments (Closed to the Public 10:15 a.m.) Additional information on the agenda on this action, please contact Annissa 1. Proposed FY2007 Budget. McDonald at [email protected] 2. Finance Project—Russia. will be posted at the PCAST Web site at: or (202) 220–3700. 3. Finance Project—Asia. http://www.ostp.gov/PCAST/pcast.html. Public Comments: There will be time ADDRESSES: MedPAC’s address is: 601 4. Finance Project—Eastern Europe and Turkey. allocated for the public to speak on the New Jersey Avenue, NW., Suite 9000, above agenda items. This public Washington, DC 20001. The telephone 5. Finance Project—Mexico. 6. Approval of July 28, 2005 Minutes comment time is designed for number is (202) 220–3700. (Closed Portion). substantive commentary on PCAST’s work topics, not for business marketing Mark E. Miller, 7. Pending Major Projects. 8. Reports. purposes. Please submit a request for Executive Director. the opportunity to make a public [FR Doc. 05–17567 Filed 9–2–05; 8:45 am] Contact Person For Information: Information on the meeting may be comment five (5) days in advance of the BILLING CODE 6820–BW–M obtained from Connie M. Downs at (202) meeting. The time for public comments 336–8438. will be limited to no more than 5 minutes per person. Written comments Dated: September 1, 2005. are also welcome at any time following OVERSEAS PRIVATE INVESTMENT Connie M. Downs, the meeting. Please notify Celia CORPORATION Corporate Secretary, Overseas Private Merzbacher, PCAST Executive Director, Investment Corporation. at (202) 456–7116, or fax your request/ September 8, 2005 Public Hearing [FR Doc. 05–17724 Filed 9–1–05; 2:13 pm] comments to (202) 456–6021. BILLING CODE 3210–01–M FOR FURTHER INFORMATION CONTACT: For OPIC’s Sunshine Act notice of its information regarding time, place and Public Hearing in Conjunction with agenda, please call Celia Merzbacher at each Board meeting was published in OFFICE OF SCIENCE AND (202) 456–7116, prior to 3 p.m. on the Federal Register (Volume 70, TECHNOLOGY POLICY Friday, September 16, 2005. Information Number 158, Page 48446) on August 17, will also be available at the PCAST Web 2005. No requests were received to Meeting of the President’s Council of site at: http://www.ostp.gov/PCAST/ provide testimony or submit written Advisors on Science and Technology pcast.html. Please note that public statements for the record; therefore, seating for this meeting is limited and ACTION: Notice of meeting. OPIC’s public hearing in conjunction is available on a first-come, first-served with OPIC’s September 15, 2005 Board SUMMARY: This notice sets forth the basis. of Directors meeting scheduled for 2 schedule and summary agenda for a SUPPLEMENTARY INFORMATION: The p.m. on September 8, 2005 has been meeting of the President’s Council of President’s Council of Advisors on cancelled. Advisors on Science and Technology Science and Technology was Contact Person For Information: (PCAST), and describes the functions of established by Executive Order 13226, Information on the hearing cancellation the Council. Notice of this meeting is on September 30, 2001. The purpose of may be obtained from Connie M. Downs required under the Federal Advisory PCAST is to advise the President on at (202) 336–8438, via facsimile at (202) Committee Act (FACA). matters of science and technology 218–0136, or via e-mail at Dates and Place: September 20, 2005, policy, and to assist the President’s [email protected]. Washington, DC. The meeting will be National Science and Technology

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Council in securing private sector The proposed amendment to the the Act 10 and Rule 11Aa3–2 participation in its activities. The Linkage Plan was published in the thereunder,11 in that it will increase the Council members are distinguished Federal Register on July 27, 2005.4 No availability of Linkage to members of individuals appointed by the President comments were received on the the Participants by limiting the from non-Federal sectors. The PCAST is proposed amendment. This order applicability of the 80/20 Test in co-chaired by Dr. John H. Marburger, III, approves the proposed amendment to situations where market makers have the Director of the Office of Science and the Linkage Plan. minimal trading volume in a particular Technology Policy, and by E. Floyd options class. II. Description and Purpose of the Kvamme, a Partner at Kleiner Perkins The Commission recognizes that the Proposed Amendment Caufield & Byers. Participants do not believe that it is Stanley S. Sokul, The purpose of the Joint Amendment necessary to bar market makers with is to modify the 80/20 Test contained in limited volume from sending Principal General Counsel, Office of Science and Technology Policy. Section 8(b)(iii) of the Linkage Plan, Orders through the Linkage, as such which provides that market makers trading does not raise concerns that a [FR Doc. 05–17595 Filed 9–2–05; 8:45 am] should send Principal Orders through member is sending such orders as ‘‘a BILLING CODE 3170–W4–P the Linkage on a limited basis and not primary aspect of their business.’’ The as a primary aspect of their business. Commission believes that the de The 80/20 Test implements this general minimis exemption from the 80/20 Test SECURITIES AND EXCHANGE principle by prohibiting a market maker proposed by the Participants for market COMMISSION from sending Principal Orders in an makers that have total contract volume [Release No. 34–52350; File No. 4–429] eligible option class if, in the last of less than 1,000 contracts in an calendar quarter, the market maker’s options class for a calendar quarter Joint Industry Plan; Order Approving Principal Order contract volume is should ensure that market makers with Amendment No. 17 to the Plan for the disproportionate to the market maker’s relatively low volume in a particular Purpose of Creating and Operating an contract volume executed against options class can send a reasonable Intermarket Option Linkage Regarding customer orders in its own market. number of Principal Orders without Modifying the 80/20 Test for The Participants have expressed being barred by application of the 80/20 Determining Limitations on Principal concern that the application of the 80/ Test from using the Linkage in the Order Access to Linkage 20 Test has resulted in anomalies for following calendar quarter. August 26, 2005. market makers with limited volume in IV. Conclusion an eligible option class. Specifically, if I. Introduction a market maker has very little overall It is therefore ordered, pursuant to 12 On April 20, 2005, May 20, 2005, May trading volume in an option, the Section 11A of the Act and Rule 13 12, 2005, April 13, 2005, April 27, 2005 execution of one or two Principal 11Aa3–2 thereunder, that the and May 11, 2005, the American Stock Orders during a calendar quarter could proposed Joint Amendment No. 17 is Exchange LLC (‘‘Amex’’), the Boston result in the market maker failing to hereby approved. Stock Exchange, Inc. (‘‘BSE’’), the meet the 80/20 Test. This would bar the For the Commission, by the Division of Chicago Board Options Exchange, market maker from using the Linkage to Market Regulation, pursuant to delegated Incorporated (‘‘CBOE’’), the send Principal Orders for the following authority.14 International Securities Exchange calendar quarter. The Participants Margaret H. McFarland, (‘‘ISE’’), the Pacific Exchange, Inc. contend that it was not their intent to Deputy Secretary. (‘‘PCX’’), and the Philadelphia Stock bar market makers with limited volume [FR Doc. E5–4835 Filed 9–2–05; 8:45 am] Exchange, Inc. (‘‘Phlx’’) (collectively, from sending Principal Orders through BILLING CODE 8010–01–P ‘‘Participants’’), respectively, filed with the Linkage in these circumstances the Securities and Exchange since such trading clearly was not ‘‘a Commission (‘‘Commission’’) Joint primary aspect of their business.’’ Thus, SECURITIES AND EXCHANGE Amendment No. 17 to the Plan for the in Joint Amendment No. 17, the COMMISSION Purpose of Creating and Operating an Participants propose to create a de Intermarket Option Linkage (‘‘Linkage minimis exemption from the 80/20 Test Sunshine Act Meeting 1 Plan’’). In Joint Amendment No. 17, the for market makers that have total Notice is hereby given, pursuant to Participants propose to modify the 80/ contract volume of less than 1,000 the provisions of the Government in the 20 Test to determine limitations on contracts in an options class for a Sunshine Act, Pub. L. 94–409, that the 2 3 Principal Order access to Linkage. calendar quarter. Securities and Exchange Commission will hold the following meeting during 1 III. Discussion On July 28, 2000, the Commission approved a the week of September 5, 2005: national market system plan for the purpose of After careful consideration, the creating and operating an intermarket options A Closed Meeting will be held on market linkage (‘‘Linkage’’) proposed by Amex, Commission finds that the proposed Wednesday, September 7, 2005 at 10 CBOE, and ISE. See Securities Exchange Act amendment to the Linkage Plan seeking a.m. Release No. 43086 (July 28, 2000), 65 FR 48023 to create a de minimis exception to the Commissioners, Counsel to the (August 4, 2000). Subsequently, Phlx, PCX, and BSE 80/20 Test is consistent with the joined the Linkage Plan. See Securities Exchange Commissioners, the Secretary to the Act Release Nos. 43573 (November 16, 2000), 65 FR requirements of the Act and the rules Commission, and recording secretaries 70851 (November 28, 2000); 43574 (November 16, and regulations thereunder. will attend the Closed Meeting. Certain 2000), 65 FR 70850 (November 28, 2000); and 49198 Specifically, the Commission finds that (February 5, 2004), 69 FR 7029 (February 12, 2004). the proposed amendment to the Linkage 10 2 A ‘‘Principal Order’’ is an order for the principal 15 U.S.C. 78k–1. account of an eligible market maker that does not Plan is consistent with Section 11A of 11 17 CFR 240.11Aa3–2. relate to a customer order the market maker is 12 15 U.S.C. 78k–1. holding. See Section 2(16)(b) of the Linkage Plan. 4 See Securities Exchange Act Release No. 52074 13 17 CFR 240.11Aa3–2. 3 Specified in Section 8(b)(iii) of the Linkage Plan. (July 20, 2005), 70 FR 43469. 14 17 CFR 200.30–3(a)(29).

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staff members who have an interest in public inspection through the Ohio Edison engages in the generation, the matters may also be present. Commission’s Branch of Public distribution and sale of electric energy The General Counsel of the Reference. to communities in a 7,500 square mile Commission, or his designee, has Interested persons wishing to area of central and northeastern Ohio certified that, in his opinion, one or comment or request a hearing on the having a population of approximately more of the exemptions set forth in 5 application(s) and/or declaration(s) 2.8 million. U.S.C. 552b(c)(3), (5), (7), (9)(B), and should submit their views in writing by Ohio Edison owns all of Penn Power’s (10) and 17 CFR 200.402(a) (3), (5), (7), September 26, 2005, to the Secretary, outstanding common stock. Penn Power 9(ii) and (10) permit consideration of Securities and Exchange Commission, was organized under the laws of the the scheduled matters at the Closed 100 F Street, NE., Washington, DC Commonwealth of Pennsylvania in 1930 Meeting. 20549–9303, and serve a copy on the and owns property and does business as Commissioner Nazareth, as duty relevant applicant(s) and/or declarant(s) an electric public utility in that state. officer, voted to consider the items at the address(es) specified below. Proof Penn Power is also authorized to do listed for the closed meeting in closed of service (by affidavit or, in the case of business and owns property in the State session. an attorney at law, by certificate) should of Ohio. Penn Power furnishes electric The subject matters of the Closed be filed with the request. Any request service to communities in a 1,500 Meeting scheduled for Wednesday, for hearing should identify specifically square mile area of western September 7, 2005, will be: the issues of facts or law that are Pennsylvania having a population of Formal orders of investigations; disputed. A person who so requests will approximately 300,000. Institution and settlement of be notified of any hearing, if ordered, Cleveland Electric was organized injunctive actions; and and will receive a copy of any notice or under the laws of the State of Ohio in Institution and settlement of order issued in the matter. After 1892 and does business as an electric administrative proceedings of an September 26, 2005, the application(s) public utility in that state. Cleveland enforcement nature. and/or declaration(s), as filed or as Electric engages in the generation, At times, changes in Commission amended, may be granted and/or distribution and sale of electric energy priorities require alterations in the permitted to become effective. in an area of approximately 1,700 square miles in northeastern Ohio having a scheduling of meeting items. FirstEnergy Corp., et al. (70–10307) For further information and to population of approximately 1.9 ascertain what, if any, matters have been FirstEnergy Corp., (‘‘FirstEnergy’’), a million. It also has ownership interests added, deleted or postponed, please registered holding company; its public in certain generating facilities located in contact: utility subsidiaries: Ohio Edison Pennsylvania. The Office of the Secretary at (202) Company, an Ohio corporation (‘‘Ohio Toledo Edison was organized under 551–5400. Edison’’); The Cleveland Electric the laws of the State of Ohio in 1901 Illuminating Company, an Ohio and does business as an electric public Dated: August 31, 2005. corporation (‘‘Cleveland Electric’’); The utility in that state. Toledo Edison Jonathan G. Katz, Toledo Edison Company, an Ohio engages in the generation, distribution Secretary. corporation (‘‘Toledo Edison’’); and and sale of electric energy in an area of [FR Doc. 05–17660 Filed 8–31–05; 4:58 pm] Pennsylvania Power Company, a approximately 2,500 square miles in BILLING CODE 8010–01–P Pennsylvania corporation and wholly northwestern Ohio having a population owned subsidiary of Ohio Edison, of approximately 800,000. It also has (‘‘Penn Power’’), collectively, ‘‘Utility interests in certain generating facilities SECURITIES AND EXCHANGE Subsidiaries;’’ all of 76 South Main located in Pennsylvania. COMMISSION Street, Akron, Ohio 44308, have filed an Requested Authorization [Release No. 35–28021] application-declaration, as amended (‘‘Application’’) under sections 9(a), 10 Applicants request authorization for Filings Under the Public Utility Holding and 12(b) of the Act and rule 45 under certain transactions that are related to Company Act of 1935, as Amended the Act. FirstEnergy and the Utility the sale of their respective interests in (‘‘Act’’) Subsidiaries are referred to as certain fossil-fuel and hydroelectric ‘‘Applicants.’’ FirstEnergy directly owns generating facilities owned by the August 30, 2005 all of the outstanding common stock of Utility Subsidiaries to FirstEnergy Notice is hereby given that the Ohio Edison, Cleveland Electric, Toledo Generation Corp. (‘‘FE GenCo’’), which following filing(s) has/have been made Edison, and indirectly through Ohio is a direct wholly-owned subsidiary of with the Commission pursuant to Edison owns all of the outstanding FirstEnergy Solutions Corp. (‘‘FE provisions of the Act and rules common stock of Penn Power’’.1 Solutions’’) and an indirect subsidiary promulgated under the Act. All Ohio Edison was organized under the of FirstEnergy. FE GenCo is an ‘‘exempt interested persons are referred to the laws of the State of Ohio in 1930 and wholesale generator’’ (‘‘EWG’’) under application(s) and/or declaration(s) for owns property and does business as an Section 32 of the Act. These asset complete statements of the proposed electric public utility in that state. Ohio transfers are in furtherance of transaction(s) summarized below. The Edison also has ownership interests in FirstEnergy’s Ohio and Pennsylvania application(s) and/or declaration(s) and certain generating facilities located in corporate separation plans, which were any amendment(s) is/are available for the Commonwealth of Pennsylvania. described in FirstEnergy’s Application/

13 17 CFR 240.11Aa3–2. These companies are not applicants in this 14 17 CFR 200.30–3(a)(29). proceeding. 1 FirstEnergy’s other public utility subsidiaries 2 The Utility Subsidiaries do not propose to are Jersey Central Power & Light Company, transfer their remaining percentage ownership Pennsylvania Electric Company, Metropolitan interests in certain fossil-fuel units that are not now Edison Company, York Haven Power Company, The being leased by FE GenCo. Waverly Electric Power & Light Company and American Transmission Systems, Incorporated.

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Declaration for authorization to merge promissory notes from FE GenCo, as fossil-fuel and hydroelectric generating with GPU, Inc. (‘‘GPU’’). See HCAR No. described below. plants: 2 27459 (October 29, 2001). Specifically, The Utility Subsidiaries own, the Utility Subsidiaries request individually or together as tenants in authority to acquire the secured common, interests in the following

Ownership Plant Location MW (percent)

Ashtabula 5 ...... Ashtabula, OH ...... 244 Cleveland Electric 100. Bay Shore 1–4 ...... Toledo, OH ...... 631 Toledo Edison 100. Bay Shore Peaking ...... 17 R.E. Burger 3–5 ...... Shadyside, OH ...... 406 Ohio Edison 100. R.E. Burger Peaking ...... Shadyside, OH ...... 7 Ohio Edison 85.6. Penn Power 14.4. Eastlake 1–5 ...... Eastlake, OH ...... 1,233 Cleveland Electric 100. Eastlake Peaking ...... 29 Lakeshore 18 ...... Cleveland, OH ...... 245 Cleveland Electric 100. Lakeshore Peaking ...... 4 Bruce Mansfield 1 ...... Shippingport, PA ...... 780 Ohio Edison 60. Penn Power 33.5. Bruce Mansfield 2 ...... Shippingport, PA ...... 780 Ohio Edison 43.06. Penn Power 9.36. Cleveland Electric 1.68. Bruce Mansfield 3 ...... Shippingport, PA ...... 800 Ohio Edison 49.34. Penn Power 6.28. W.H. Sammis 1–6 ...... Stratton, OH ...... 1,620 Ohio Edison 100. W.H. Sammis 7 ...... Stratton, OH ...... 600 Ohio Edison 48. Penn Power 20.8. Cleveland Electric 31.2. W.H. Sammis Peaking ...... Stratton, OH ...... 13 Ohio Edison 85.6. Penn Power 14.4. Edgewater Peaking ...... Lorain, OH ...... 48 Ohio Edison 86. Penn Power 14.0. Richland Peaking 1–3 ...... Defiance, OH ...... 42 Toledo Edison 100. Seneca ...... Warren, PA ...... 435 Cleveland Electric 100. West Lorain Peaking Unit 1 ...... Lorain, OH ...... 120 Ohio Edison 100. Mad River Peaking ...... Springfield, OH ...... 60 Ohio Edison 85.6. Penn Power 14.4. Stryker Peaking ...... Springfield, OH ...... 18 Toledo Edison 100.

Currently, the Utility Subsidiaries the purchase price either in cash or by Note’’), filed with the Application as lease all of the fossil and hydroelectric executing a promissory note, secured by Exhibits B–10 through B–13. Each FE generating plants listed in the table a lien on the transferred assets. GenCo Note would be secured by a lien above to FE GenCo, which, as indicated, Each of the Utility Subsidiaries and on the units purchased, bear interest at has previously been certified by the FE GenCo has entered into a Fossil a rate per annum based on the average Federal Energy Regulatory Commission Purchase and Sale Agreement (‘‘Fossil weighted cost of long-term debt of the (‘‘FERC’’) as an EWG.3 FE GenCo leases PSA’’), filed with this Application as Utility Subsidiary to which the FE and operates these plants pursuant to Exhibits B–2 through B–5. Under the GenCo Note is issued, and mature the terms of a Master Facility Lease Fossil PSAs, FE GenCo has agreed to twenty years after the date of issuance. (‘‘Master Lease’’), dated as of January 1, purchase each Utility Subsidiary’s fossil FE GenCo may prepay the FE GenCo 2001 (incorporated by reference as units (and, in the case of Cleveland Note at any time, in whole or in part, Exhibit B–1 to the Application). Electric, one hydroelectric generating without penalty. Applicants state that the Master Lease, facility), and to assume certain The calculation of the average which became effective on January 1, liabilities relating to the purchased weighted cost of long-term debt of each 2001, and has a term of twenty years, units, for an amount equal to the of the Utility Subsidiaries as of March was intended as the first step in the aggregate purchase price for all units 31, 2005 is shown in Exhibit I to the eventual transfer of ownership of the owned by the selling Utility Subsidiary, Application. The actual interest rate on leased plants to FE GenCo. Pursuant to as set forth in Exhibits A through D of the FE GenCo Notes would be Section 12 of the Master Lease, FE the Master Lease, as follows: Ohio calculated in the same manner as of the GenCo has an option to purchase the Edison—$980 million; Penn Power— end of the quarter next preceding the leased generating plants for the $125 million; Cleveland Electric—$408 closing date. purchase price per unit listed in million; and Toledo Edison—$88 Under each Fossil PSA, FE GenCo has Exhibits A through D to the Master million. As consideration for the also agreed that, upon request of the Lease. Section 12 of the Master Lease purchased units, FE GenCo would selling Utility Subsidiary, it would further provides that, upon exercise of deliver to the selling Utility Subsidiary assume the selling Utility Subsidiary’s the purchase option, FE GenCo may pay its secured promissory note (‘‘FE GenCo liabilities and obligations with respect

2 The Utility Subsidiaries do not propose to interests in certain fossil-fuel units that are not now 3 FE GenCo was approved by the FERC as an EWG transfer their remaining percentage ownership being leased by FE GenCo. on April 6, 2001. FirstEnergy Generation Corp., 95 FERC ¶ 62,018 (2001).

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to certain outstanding pollution control The proposed rule change was III. Discussion revenue bonds (‘‘PCRBs’’) that were noticed for comment in the Federal issued to finance pollution control Register on July 27, 2005.4 The After careful review, the Commission equipment related to the purchased Commission received no comments on finds that the proposed rule change is plants.4 If PCRB obligations are assumed the proposed rule change. This order consistent with the requirements of the by FE GenCo at or prior to closing, then approves the proposed rule change. Act and the rules and regulations the principal amount of the assumed thereunder applicable to a national II. Description obligations would reduce the principal securities exchange. 6 In particular, the amount of the applicable FE GenCo The purpose of this proposed rule Commission finds that the proposed Note delivered by FE GenCo at closing. change is to implement proposed Joint rule change is consistent with the If FE GenCo assumes PCRB obligations Amendment No. 17 to the Linkage Plan. requirements of Section 6(b)(5) of the after closing, the principal amount Joint Amendment No. 17, together with Act 7 which requires, among other assumed would represent a payment of this proposed rule change, would things, that the rules of an exchange be establish a de minimis exception to the principal on the applicable FE GenCo designed to promote just and equitable ‘‘80/20 Test’’ set forth in Section 8(b)(iii) Note delivered at closing. principles of trade, to remove of the Linkage Plan and Amex Rule 944. For the Commission, by the Division of Section 8(b)(iii) of the Linkage Plan impediments to and perfect the Investment Management, pursuant to mechanism of a free and open market, delegated authority. provides that Eligible Market Makers 5 and to protect investors and the public Jonathan G. Katz, should send Principal Orders through the Linkage on a limited basis and not interest. The Commission believes that Secretary. as a primary aspect of their business. the proposed rule change will increase [FR Doc. E5–4839 Filed 9–2–05; 8:45 am] The 80/20 Test implements this policy the availability of Linkage to members BILLING CODE 8010–01–P in the Linkage Plan and Amex Rule 944 of the Participants by limiting the by prohibiting a specialist or registered applicability of the 80/20 Test in options trader (‘‘ROT’’) from sending SECURITIES AND EXCHANGE situations where market makers have Principal Orders in an eligible option COMMISSION minimal trading volume in a particular class if, in the last calendar quarter, the options class. [Release No. 34–52349; File No. SR–Amex– specialist or ROT’s Principal Order The Commission recognizes that the 2005–048] contract volume is disproportionate to Exchange does not believe that it is the specialist or ROT’s contract volume Self-Regulatory Organizations; executed against customer orders in its necessary to bar market makers with American Stock Exchange LLC; Order own market. limited volume from sending Principal Approving Proposed Rule Change The Exchange believes that applying Orders through the Linkage, as such Establishing a De Minimis Exception to the 80/20 Test has resulted in anomalies trading does not raise concerns that a the 80/20 Test for ROTs with limited volume in an member is sending such orders as ‘‘a primary aspect of their business.’’ The August 26, 2005. eligible option class. In particular, if a ROT has very little overall trading Commission believes that the de I. Introduction volume in an option, the execution of minimis exemption from the 80/20 Test On April 28, 2005, the American one or two Principal Orders during a proposed by the Exchange for market Stock Exchange LLC (‘‘Amex’’ or calendar quarter could result in the ROT makers that have a total contract volume ‘‘Exchange’’) filed with the Securities failing to meet the 80/20 Test. This of less than 1,000 contracts in an and Exchange Commission would then prohibit the ROT from using options class for a calendar quarter (‘‘Commission’’), pursuant to Section the Linkage to send Principal Orders in should ensure that specialists and ROTs 19(b)(1) of the Securities Exchange Act that options class for the following with relatively low volume in a of 1934 (‘‘Act’’) 1 and Rule 19b–4 calendar quarter. The Exchange believes particular options class can send a thereunder,2 a proposed rule change that it is not the intention of the reasonable number of Principal Orders Participants to the Linkage Plan to seeking to amend Amex Rule 944 to without being barred from using the prohibit ROTs with limited volume provide a de minimis exception to the Linkage by application of the 80/20 Test from sending Principal Orders through limitation on principal order access in the following calendar quarter. imposed by the Plan for the Purpose of the Linkage in these circumstances Creating and Operating an Intermarket since such trading clearly is not ‘‘a IV. Conclusion Option Linkage (‘‘Linkage Plan’’) 3 and primary aspect of their business.’’ related rules. Accordingly, the proposed rule For the foregoing reasons, the change seeks to establish a de minimis Commission finds that the proposed 4 Currently, the Utility Subsidiaries have exception from the 80/20 Test in Amex rule change is consistent with the outstanding obligations in respect of PCRBs in Rule 944 for specialists and ROTs that requirements of the Act and the rules approximately the following principal amounts: have total contract volume of less than and regulations thereunder. Ohio Edison—$471 million; Penn Power—$63 1,000 contracts in an option class for a million; Cleveland Electric—$362 million; and It is therefore ordered, pursuant to calendar quarter. Toledo Edison—$69 million. Section 19(b)(2) of the Act,8 that the 1 15 U.S.C. 78s(b)(1). proposed rule change (SR–Amex–2005– 2 17 CFR 240.19b–4. the Linkage Plan. See Securities Exchange Act 3 On July 28, 2000, the Commission approved a Release Nos. 43573 (November 16, 2000), 65 FR 048) is approved. national market system plan for the purpose of 70851 (November 28, 2000); 43574 (November 16, creating and operating an intermarket options 2000), 65 FR 70850 (November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004). market linkage (‘‘Linkage’’) proposed by Amex, 6 In approving this proposed rule change, the 4 See Securities Exchange Act Release No. 52067 Chicago Board Options Exchange, Inc., and Commission has considered the proposed rule’s International Securities Exchange, Inc. See (July 20, 2005), 70 FR 43470. impact on efficiency, competition, and capital Securities Exchange Act Release No. 43086 (July 28, 5 A ‘‘Principal Order’’ is an order for the principal formation. 15 U.S.C. 78c(f). 2000), 65 FR 48023 (August 4, 2000). Subsequently, account of an eligible market maker that does not Philadelphia Stock Exchange, Inc., Pacific relate to a customer order the market maker is 7 15 U.S.C. 78f(b)(5). Exchange, and Boston Stock Exchange, Inc. joined holding. See Section 2(16)(b) of the Linkage Plan. 8 15 U.S.C. 78s(b)(2).

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For the Commission by the Division of the proposed rule change. This order things, that the rules of an exchange be Market Regulation, pursuant to delegated approves the proposed rule change. designed to promote just and equitable authority.9 II. Description principles of trade, to remove Margaret H. McFarland, impediments to and perfect the Deputy Secretary. The purpose of this proposed rule mechanism of a free and open market, [FR Doc. E5–4834 Filed 9–2–05; 8:45 am] change is to implement proposed Joint and to protect investors and the public Amendment No. 17 to the Linkage Plan. BILLING CODE 8010–01–P interest. The Commission believes that Section 8(b)(iii) of the Linkage Plan the proposed rule change will increase provides that Eligible Market Makers the availability of Linkage to members SECURITIES AND EXCHANGE should send Principal Orders through of the Participants by limiting the COMMISSION the Linkage on a limited basis and not as a primary aspect of their business. applicability of the 80/20 Test in [Release No. 34–52346; File No. SR–BSE– Joint Amendment No. 17, together with situations where market makers have 2005–16] this proposed rule change, would minimal trading volume in a particular options class. Self-Regulatory Organizations; Boston change Section 8(b)(iii) of the Linkage Stock Exchange, Inc.; Order Approving Plan and Chapter XII, Section 5(b) of the The Commission recognizes that the Proposed Rule Change Establishing a BOX Rules to establish an exemption Exchange does not believe that it is De Minimis Exception to the 80/20 Test from the provision in the rule that states necessary to bar market makers with Relating to Linkage Trades on the that a Market Maker that effected 20 limited volume from sending Principal Boston Options Exchange percent or more of its volume in a Orders through the Linkage, as such particular option by sending Principal trading does not raise concerns that a Orders through the Linkage in a August 26, 2005. member is sending such orders as ‘‘a calendar quarter is prohibited from primary aspect of their business.’’ The I. Introduction sending Principal Orders via the On May 19, 2005, the Boston Stock Linkage in such option during the Commission believes that the de Exchange, Inc. (‘‘BSE’’ or ‘‘Exchange’’) following calendar quarter (the ‘‘80/20 minimis exemption from the 80/20 Test filed with the Securities and Exchange Test’’). proposed by the Exchange for market Commission (‘‘Commission’’), pursuant The Exchange believes that applying makers that have a total contract volume to Section 19(b)(1) of the Securities the 80/20 Test has resulted in anomalies of less than 1,000 contracts in an Exchange Act of 1934 (‘‘Act’’) 1 and Rule for Market Makers with limited volume options class for a calendar quarter 19b–4 thereunder, 2 a proposed rule in an eligible option class. Specifically, should ensure that market makers with change seeking to amend its rules if a Market Maker has very little overall relatively low volume in a particular governing its operation of intermarket trading volume in an option, the options class can send a reasonable linkage on the Boston Options Exchange execution of one or two Principal number of Principal Orders without (‘‘BOX’’). Specifically, the Exchange is Orders during a calendar quarter could being barred from using the Linkage by proposing to amend Chapter XII, result in the Market Maker failing to application of the 80/20 Test in the Section 5(b) of the BOX Rules to meet the 80/20 Test. This would bar the following calendar quarter. establish a de minimis exception to the Market Maker from using the Linkage to limitation on Principal Order 3 access send Principal Orders for the following IV. Conclusion imposed by the Plan for the Purpose of calendar quarter. The BOX contends that it was not its intention to bar For the foregoing reasons, the Creating and Operating an Intermarket Commission finds that the proposed Option Linkage (‘‘Linkage Plan’’) 4 and Market Makers with limited volume rule change is consistent with the related rules. from sending Principal Orders through requirements of the Act and the rules The proposed rule change was the Linkage in these circumstances, noticed for comment in the Federal since such trading does not constitute a and regulations thereunder. Register on July 27, 2005.5 The primary aspect of their business. Thus, It is therefore ordered, pursuant to Commission received no comments on the Exchange’s proposed rule would Section 19(b)(2) of the Act,8 that the create a de minimis exemption from the proposed rule change (SR–BSE–2005– 9 17 CFR 200.30–3(a)(12). 80/20 Test for Market Makers that have 16) is approved. 1 15 U.S.C. 78s(b)(1). a total contract volume of less than For the Commission by the Division of 2 17 CFR 240.19b–4. 1,000 contracts in an options class for a 3 A ‘‘Principal Order’’ is an order for the principal calendar quarter. Market Regulation, pursuant to delegated account of an eligible market maker that does not authority.9 relate to a customer order the market maker is III. Discussion Margaret H. McFarland, holding. See Section 2(16)(b) of the Linkage Plan. After careful review, the Commission 4 On July 28, 2000, the Commission approved a Deputy Secretary. national market system plan for the purpose of finds that the proposed rule change is [FR Doc. E5–4833 Filed 9–2–05; 8:45 am] creating and operating an intermarket options consistent with the requirements of the BILLING CODE 8010–01–P market linkage (‘‘Linkage’’) proposed by the Act and the rules and regulations American Stock Exchange, LLC, Chicago Board thereunder applicable to a national Options Exchange, Inc., and the International Stock 6 Exchange, Inc. See Securities Exchange Act Release securities exchange. In particular, the No. 43086 (July 28, 2000), 65 FR 48023 (August 4, Commission finds that the proposed 2000). Subsequently, the Philadelphia Stock rule change is consistent with the Exchange, Inc., the Pacific Exchange, Inc. and the requirements of Section 6(b)(5) of the BSE joined the Linkage Plan. See Securities 7 Exchange Act Release Nos. 43573 (November 16, Act which requires, among other 2000), 65 FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850 (November 28, 6 In approving this proposed rule change, the 2000); and 49198 (February 5, 2004), 69 FR 7029 Commission has considered the proposed rule’s (February 12, 2004). impact on efficiency, competition, and capital 5 See Securities Exchange Act Release No. 52071 formation. 15 U.S.C. 78c(f). 8 15 U.S.C. 78s(b)(2). (July 20, 2005), 70 FR 43472 (July 27, 2005). 7 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Principal Order contract volume is Commission believes that the de COMMISSION disproportionate to the Market-Maker’s minimis exemption from the 80/20 Test contract volume executed against proposed by the Exchange for market [Release No. 34–52348; File No. SR–CBOE– 2005–57] customer orders in its own market. makers that have a total contract volume The Exchange believes that applying of less than 1,000 contracts in an Self-Regulatory Organizations; the Test has resulted in anomalies for options class for a calendar quarter Chicago Board Options Exchange, Market-Makers with limited volume in should ensure that specialists and ROTs Inc.; Order Approving a Proposed Rule an eligible option class. Specifically, if with relatively low volume in a Change Relating to the 80/20 Test of a Market-Maker has very little overall particular options class can send a the Plan for the Purpose of Creating trading volume in an option, the reasonable number of Principal Orders and Operating an Intermarket Option execution of one or two Principal without being barred from using the Linkage Orders during a calendar quarter could Linkage by application of the 80/20 Test result in the Market-Maker failing to in the following calendar quarter. August 26, 2005. meet the Test. This would bar the III. Conclusion I. Introduction Market-Maker from using the Linkage to send Principal Orders in that options For the foregoing reasons, the On July 19, 2005, the Chicago Board class for the following calendar quarter. Commission finds that the proposed Options Exchange, Incorporation The Exchange believes that it was not rule change is consistent with the (‘‘CBOE’’ or ‘‘Exchange’’) filed with the the intent of the Participants to the requirements of the Act and the rules Securities and Exchange Commission Linkage Plan to bar Market-Makers with and regulations thereunder. (‘‘Commission’’ or ‘‘SEC’’), pursuant to limited volume from sending Principal It is therefore ordered, pursuant to Section 19(b)(1) of the Securities Orders through the Linkage in these Section 19(b)(2) of the Act,8 that the 1 Exchange Act of 1934 (‘‘Act’’) and Rule circumstances since such trading clearly proposed rule change (SR–CBOE–2005– 2 19b–4 thereunder, a proposed rule was not ‘‘a primary aspect of their 57) is approved. change seeking to modify the 80/20 Test business.’’ Thus, the proposed rule For the Commission by the Division of in determining limitations on Principal change proposes to create a de minimis Order 3 access under the rules imposed Market Regulation, pursuant to delegated exemption from the 80/20 Test for authority.9 by Plan for the Purpose of Creating and Market-Makers that have total contract Operating an Intermarket Option Margaret H. McFarland, volume of less than 1,000 contracts in Deputy Secretary. Linkage (‘‘Linkage Plan’’) 4 and related an options class for a calendar quarter. rules. [FR Doc. E5–4831 Filed 9–2–05; 8:45 am] The proposed rule change was II. Discussion BILLING CODE 8010–01–P noticed for comment in the Federal After careful review, the Commission Register on July 27, 2005.5 The finds that the proposed rule change is Commission received no comments on consistent with the requirements of the SECURITIES AND EXCHANGE the proposed rule change. This order Act and the rules and regulations COMMISSION approves the proposed rule change. thereunder applicable to a national [Release No. 34–52347; File No. SR–ISE– The purpose of the proposed rule securities exchange.6 In particular, the 2005–23] change is to modify the 80/20 Test Commission finds that the proposed contained in Exchange Rule 6.85. The rule change is consistent with the Self-Regulatory Organizations; Rule provides that Market-Makers requirements of Section 6(b)(5) of the International Stock Exchange, Inc.; should send Principal Orders through Act 7 which requires, among other Order Approving Proposed Rule the Linkage on a limited basis and not things, that the rules of an exchange be Change Establishing a De Minimis as a primary aspect of their business. designed to promote just and equitable Exception to the 80/20 Test The Test implements this general principles of trade, to remove August 26, 2005. principle by prohibiting a Market-Maker impediments to and perfect the from sending Principal Orders in an mechanism of a free and open market, I. Introduction eligible option class if, in the last and to protect investors and the public On May 13, 2005, the International calendar quarter, the Market-Maker’s interest. The Commission believes that Stock Exchange, Inc. (‘‘ISE’’ or the proposed rule change will increase ‘‘Exchange’’) filed with the Securities 1 15 U.S.C. 78s(b)(1). the availability of Linkage to members and Exchange Commission 2 17 CFR 240.19b–4. of the Participants by limiting the 3A Principal Order is an order for the account of (‘‘Commission’’), pursuant to Section applicability of the 80/20 Test in 19(b)(1) of the Securities Exchange Act an Eligible Market-Maker that does not relate to a situations where market makers have customer order the Market-Maker is holding. See of 1934 (‘‘Act’’) 1 and Rule 19b–4 Exchange Rule 6.80(12)(ii). minimal trading volume in a particular thereunder,2 a proposed rule change 4 On July 28, 2000, the Commission approved a options class. seeking to amend ISE Rule 1904 to national market system plan for the purpose of The Commission recognizes that the establish a de minimis exception to the creating and operating an intermarket options Exchange does not believe that it is market linkage (‘‘Linkage’’) proposed by Amex, 80/20 Test limiting market makers’ use necessary to bar market makers with Chicago Board Options Exchange, Inc., and of Principal Orders 3 under the rules International Securities Exchange, Inc. See limited volume from sending Principal Securities Exchange Act Release No. 43086 (July 28, Orders through the Linkage, as such 8 2000), 65 FR 48023 (August 4, 2000). Subsequently, trading does not raise concerns that a 15 U.S.C. 78s(b)(2). 9 17 CFR 200.30–3(a)(12). Philadelphia Stock Exchange, Inc., Pacific member is sending such orders as ‘‘a Exchange, and Boston Stock Exchange, Inc. joined 1 15 U.S.C. 78s(b)(1). the Linkage Plan. See Securities Exchange Act primary aspect of their business.’’ The 2 17 CFR 240.19b–4. Release Nos. 43573 (November 16, 2000), 65 FR 3 The Exchange defines a Principal Order as an 70851 (November 28, 2000); 43574 (November 16, 6 In approving this proposed rule change, the order for the principal account of a market maker 2000), 65 FR 70850 (November 28, 2000); and 49198 Commission has considered the proposed rule’s (or equivalent entity on another Participant (February 5, 2004), 69 FR 7029 (February 12, 2004). impact on efficiency, competition, and capital Exchange) and which is not a Principal Acting as 5 See Securities Exchange Act Release No. 52068 formation. 15 U.S.C. 78c(f). Agent Order. See Chapter 19, Rule 1900(10)(ii) of (July 20, 2005), 70 FR 43473. 7 15 U.S.C. 78f(b)(5). the ISE Rules.

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imposed by the Plan for the Purpose of consistent with the requirements of the SMALL BUSINESS ADMINISTRATION Creating and Operating an Intermarket Act and the rules and regulations Option Linkage (‘‘Linkage Plan’’) 4 and thereunder applicable to a national Notice Seeking Exemption Under related rules. securities exchange.6 In particular, the Section 312 of the Small Business The proposed rule change was Commission finds that the proposed Investment Act, Conflicts of Interest noticed for comment in the Federal rule change is consistent with the Notice is hereby given that Odyssey Register on July 26, 2005.5 The requirements of Section 6(b)(5) of the Venture Partners II, L.P. (‘‘Applicant’’), Commission received no comments on 7 Act which requires, among other 610 Newport Center Drive, Suite 1400, the proposed rule change. This order things, that the rules of an exchange be Newport Beach, CA 92660, an SBIC approves the proposed rule change. designed to promote just and equitable Applicant under the Small Business II. Description principles of trade, to remove Investment Act of 1958, as amended impediments to and perfect the (‘‘the Act’’), in connection with the The purpose of this proposed rule mechanism of a free and open market, change is to implement proposed Joint financing of a small concern, has sought and to protect investors and the public an exemption under section 312 of the Amendment No. 17 to the Linkage Plan. interest. The Commission believes that Joint Amendment No. 17, together with Act and section 107.730, Financings the proposed rule change will increase which Constitute Conflicts of Interest, of this proposed rule change, would the availability of Linkage to members establish a de minimis exception to the the Small Business Administration of the Participants by limiting the (‘‘SBA’’) rules and regulations (13 CFR ‘‘80/20 Test’’ set forth in Section 8(b)(iii) applicability of the 80/20 Test in of the Linkage Plan and ISE Rule 1904. 107.730 (2004)). Odyssey Venture situations where market makers have Partners II, L.P. proposes to provide Section 8(b)(iii) of the Linkage Plan minimal trading volume in a particular permits market makers to access away equity financing to Oryxe Energy options class. International, Inc., 6 Thomas Avenue, markets on a limited basis for their own The Commission recognizes that the principal trading. The Linkage Plan Irvine, CA 92618. The financing is Exchange does not believe that it is contemplated for working capital and enforces this limitation via the 80/20 necessary to bar market makers with Test, which generally requires at least research & development. limited volume from sending Principal A conflict of interest exemption is 80 percent of a market maker’s trading Orders through the Linkage, as such volume in an option class to be on its required because the Oryxe investment trading does not raise concerns that a is considered financing of an Associate own exchange for the market maker to member is sending such orders as ‘‘a be able to use Linkage to send Principal under 13 CFR 107.730(a). Oryxe is an primary aspect of their business.’’ The Associate of the Applicant for two Orders for its own account in that class. Commission believes that the de If a market maker ‘‘fails’’ the 80/20 Test reasons: (1) Affiliates of Applicant, minimis exemption from the 80/20 Test Odyssey Strategic Partners (OSP) and in an option class during a calendar proposed by the Exchange for market quarter, it cannot send Principal Orders Odyssey Strategic Equity (OSE), had a makers that have a total contract volume greater than 10 percent fully diluted through Linkage in that class during the of less than 1,000 contracts in an next calendar quarter. investment in Oryxe prior to options class for a calendar quarter Applicant’s initial investment; (2) The options exchanges have agreed to should ensure that members with adopt a de minimis exception to the 80/ Walter Schindler, one of Applicant’s relatively low volume in a particular principals, serves as chairman and CEO 20 Test. As proposed by the Exchange, options class can send a reasonable the 80/20 Test would not apply to any of Oryxe. number of Principal Orders without Notice is hereby given that any market maker that has total volume of being barred from using the Linkage by less than 1,000 contracts in an option interested person may submit written application of the 80/20 Test in the comments on the transaction to the during a calendar quarter. At this low following calendar quarter. volume, even a small number of Associate Administrator for Investment, Principal Orders could result in the IV. Conclusion U.S. Small Business Administration, 409 Third Street, SW., Washington, DC market maker being disqualified from For the foregoing reasons, the 20416. Linkage in that class for a calendar Commission finds that the proposed quarter. The Exchange believes that this rule change is consistent with the Jaime Guzma´n-Fournier, proposed exception would address such requirements of the Act and the rules Associate Administrator for Investment concerns. and regulations thereunder. [FR Doc. 05–17581 Filed 9–2–05; 8:45 am] III. Discussion It is therefore ordered, pursuant to BILLING CODE 8625–01–M Section 19(b)(2) of the Act,8 that the After careful review, the Commission proposed rule change (SR–ISE–2005–23) finds that the proposed rule change is is approved. SMALL BUSINESS ADMINISTRATION

4 On July 28, 2000, the Commission approved a For the Commission by the Division of [Disaster Declaration # 10167 and # 10168] national market system plan for the purpose of Market Regulation, pursuant to delegated creating and operating an intermarket options authority.9 FLORIDA Disaster # FL–00007 market linkage (‘‘Linkage’’) proposed by the Margaret H. McFarland, American Stock Exchange, LLC, Chicago Board AGENCY: Small Business Administration. Deputy Secretary. Options Exchange, Inc., and the ISE. See Securities ACTION: Notice. Exchange Act Release No. 43086 (July 28, 2000), 65 [FR Doc. E5–4830 Filed 9–2–05; 8:45 am] FR 48023 (August 4, 2000). Subsequently, the BILLING CODE 8010–01–P SUMMARY: This is a notice of an Philadelphia Stock Exchange, Inc., the Pacific Exchange, Inc. and the Boston Stock Exchange, Inc. Administrative declaration of a disaster joined the Linkage Plan. See Securities Exchange 6 In approving this proposed rule change, the for the State of Florida dated 08/25/ Act Release Nos. 43573 (November 16, 2000), 65 FR Commission has considered the proposed rule’s 2005. 70851 (November 28, 2000); 43574 (November 16, impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). Incident: Severe Storms and Flooding. 2000), 65 FR 70850 (November 28, 2000); and 49198 Incident Period: 07/29/2005 through (February 5, 2004), 69 FR 7029 (February 12, 2004). 7 15 U.S.C. 78f(b)(5) 5 See Securities Exchange Act Release No. 52069 8 15 U.S.C. 78s(b)(2). 08/14/2005. (July 20, 2005), 70 FR 43203 (July 26, 2005). 9 17 CFR 200.30–3(a)(12). DATES: Effective Date: 08/25/2005.

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Physical Loan Application Deadline SUMMARY: This is an amendment of the U.S. Small Business Administration, Date: 10/24/2005. Presidential declaration of a major 409 3rd Street, Suite 6050, Washington, EIDL Loan Application Deadline Date: disaster for public assistance only for DC 20416. 05/25/2006. the State of Maine (FEMA–1591–DR), SUPPLEMENTARY INFORMATION: Notice is ADDRESSES: Submit completed loan dated 06/29/2005. hereby given that as a result of the applications to: U.S. Small Business Incident: Severe Storms, Flooding, President’s major disaster declaration on Administration, Disaster Area Office 3, Snow Melt, and Ice Jams. 08/22/2005, applications for disaster 14925 Kingsport Road, Fort Worth, TX Incident Period: 03/29/2005 through loans may be filed at the address listed 76155. 05/03/2005. above or other locally announced FOR FURTHER INFORMATION CONTACT: A. EFFECTIVE DATE: 08/10/2005. locations. Escobar, Office of Disaster Assistance, Physical Loan Application Deadline The following areas have been U.S. Small Business Administration, Date: 08/29/2005. determined to be adversely affected by 409 3rd Street, Suite 6050, Washington, ADDRESSES: Submit completed loan the disaster: DC 20416. applications to: U.S. Small Business Primary Counties: SUPPLEMENTARY INFORMATION: Notice is Administration, Disaster Area Office 3, Contiguous Counties: hereby given that as a result of the 14925 Kingsport Road, Fort Worth, TX Campbell Administrator’s disaster declaration, 76155. Wyoming applications for disaster loans may be FOR FURTHER INFORMATION CONTACT: A. Converse, Crook, Johnson, Sheridan, filed at the address listed above or other Escobar, Office of Disaster Assistance, Weston locally announced locations. U.S. Small Business Administration, Montana The following areas have been 409 3rd Street, Suite 6050, Washington, Powder River determined to be adversely affected by DC 20416. The Interest Rates are: the disaster. SUPPLEMENTARY INFORMATION: The notice Primary Counties: of the President’s major disaster Percent Volusia declaration for Private Non-Profit Contiguous Counties: Florida organizations in the State of Maine, Homeowners With Credit Avail- ability Elsewhere ...... 5.375 Brevard, Flagler, Lake, Marion, dated 06/29/2005, is hereby amended to Orange, Putnam, Seminole. Homeowners Without Cedit include the following areas as adversely Available Elsewhere ...... 2.687 The interest rates are: affected by the disaster. Businesses With Credit Available Primary Counties: Elsewhere ...... 6.557 Percent Aroostook Businesses & Small Agricultural All other information in the original Cooperatives Without Credit Homeowners With Credit Avail- declaration remains unchanged. Available Elsewhere ...... 4.000 able Elsewhere ...... 5.750 Other (Including Non-Profit Or- (Catalog of Federal Domestic Assistance Homeowners Without Credit ganizations—With Credit Number 59008.) Available Elsewhere ...... 2.875 Available Elsewhere ...... 4.750 Businesses With Credit Available Becky C. Brantley, Businesses and Non-Profit Orga- Elsewhere ...... 6.387 Acting Associate Administrator for Disaster nizations Without Credit Avail- Businesses and Small Agricultural Assistance. able Elsewhere ...... 4.000 Cooperatives Without Credit [FR Doc. 05–17586 Filed 9–2–05; 8:45 am] Available Elsewhere ...... 4.000 The number assigned to this disaster Other (Including Non-Profit Orga- BILLING CODE 8025–01–M nizations) With Credit Available for physical damage is 10165C and for Elsewhere ...... 4.750 economic injury is 101660. Businesses and Non-Profit Orga- SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance nizations Without Credit Avail- [Disaster Declaration #10165 and #10166] Numbers 59002 and 59008) able Elsewhere ...... 4.000 Becky C. Brantley, Wyoming Disaster #WY–00002 The number assigned to this disaster Acting Associate Administrator for Disaster Assistance. for physical damage is 10167 6 and for AGENCY: Small Business Administration. [FR Doc. 05–17583 Filed 9–2–05; 8:45 am] economic injury is 10168 0. ACTION: Notice. The States which received an EIDL BILLING CODE 8025–01–M declaration # are FLORIDA. SUMMARY: This is a Notice of the Presidential declaration of a major (Catalog of Federal Domestic Assistance SMALL BUSINESS ADMINISTRATION Numbers 59002 and 59008) diaster for the State of Wyoming (FEMA–1599–DR), dated 08/22/2005. Dated: August 25, 2005. Incident: Tornado. Advisory Committee on Veterans Hector V. Barreto, Incident Period: 08/12/2005. Business Affairs; Public Meeting Administrator. EFFECTIVE DATE: 08/22/2005. The U.S. Small Business [FR Doc. 05–17584 Filed 9–2–05; 8:45 am] Physical Loan Application Deadline Administration (SBA), pursuant to the BILLING CODE 8025–01–M Date: 10/21/2005. Veterans Entrepreneurship and Small EIDL Loan Application Deadline Date: Business Development Act of 1999 (Pub. 05/22/2006. L. 106–50), will be hosting its first SMALL BUSINESS ADMINISTRATION ADDRESSES: Submit completed loan advisory committee meeting for Fiscal [Disaster Declaration #10134] applications to: Small Business Year 2005, on Thursday, September 15, Administration, Disaster Area Office 3, 2005, starting at 9 am until 5 pm. The Maine Disaster Number ME–00003 14925 Kingsport Road, Fort Worth, TX meeting will be held at the U.S. Small 76155. AGENCY: Small Business Administration Business Administration, 409 3rd Street FOR FURTHER INFORMATION CONTACT: A. SW., 5th Floor Conference Room, ACTION: Amendment 1. Escobar, Office of Diaster Assistance, Washington, DC 20416 (next to the

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Lafayette Federal Credit Union). If you As implemented in SBA’s regulations DEPARTMENT OF STATE have any questions regarding this at 13 CFR 121.1204, in order to be [Public Notice: 5179] meeting, please contact Cheryl Clark, considered available to participate in Program Liaison, Office of Veterans the Federal market for a class of 60-Day Notice of Proposed Information Business Development at (202) 205– products, a small business manufacturer Collection: Form DS–64, Statement 6773. must have submitted a proposal for a Regarding a Lost or Stolen Passport, Matthew K. Becker, contract solicitation or received a OMB No. 1405–0014 Committee Management Officer. contract from the Federal government ACTION: Notice of request for public [FR Doc. 05–17582 Filed 9–2–05; 8:45 am] within the last 24 months. The SBA defines ‘‘class of products’’ based on six comments. BILLING CODE 8025–01–M digit coding systems. The first coding SUMMARY: The Department of State is system is the Office of Management and seeking Office of Management and SMALL BUSINESS ADMINISTRATION Budget North American Industry Budget (OMB) approval for the Classification System (NAICS). The information collection described below. Small Business Size Standards: second is the Product and Service Code The purpose of this notice is to allow 60 Waiver of the Nonmanufacturer Rule established by the Federal Procurement days for public comment in the Federal Data System. AGENCY: Small Business Administration. Register preceding submission to OMB. The SBA received a request on July We are conducting this process in ACTION: Notice to terminate waiver of 15, 2004 to waive the Nonmanufacturer accordance with the Paperwork the Nonmanufacturer Rule for Sporting Reduction Act of 1995. and Athletic Goods Manufacturing. Rule for Sporting and Athletic Goods • Manufacturing. In response, on July 30, Title of Information Collection: Statement Regarding a Lost or Stolen SUMMARY: The U.S. Small Business 2004, SBA published in the Federal Passport. Administration (SBA) is terminating the Register a notice of intent to the waiver • OMB Control Number: 1405–0014. waiver of the Nonmanufacturer Rule for of the Nonmanufacturer Rule for • Type of Request: Revision of a Sporting and Athletic Goods Sporting and Athletic Goods Currently Approved Collection. Manufacturing based on our recent Manufacturing. SBA explained in the • Originating Office: CA/PPT/FO/FC. discovery of a small business notice that it was soliciting comments • Form Number: DS–64. manufacturer for this class of products. and sources of small business • Respondents: Individuals or Terminating this waiver will require manufacturers of this class of products. Households. recipients of contracts set aside for In response to this notice, comments • Estimated Number of Respondents: small businesses, service-disabled were received from interested parties. 105,000. • veteran-owned small businesses, or SBA had determined from these sources Estimated Number of Responses: SBA’s 8(a) Business Development that there were no small business 105,000. • Average Hours per Response: 1⁄12 Program to provide the products of manufacturers of this class of products, small business manufacturers or hour. (five minutes). and therefore granted the waiver of the processors on such contracts. • Total Estimated Burden: 8,800. Nonmanufacturer Rule for Sporting and • Frequency: On occasion. DATES: This waiver is effective Athletic Goods Manufacturing, NAICS • Obligation To Respond: Voluntary. September 20, 2005. 339920. DATES: The Department will accept FOR FURTHER INFORMATION CONTACT: Recently, SBA discovered the comments from the public up to 60 days Edith Butler, Program Analyst, by existence of a small business from September 6, 2005. telephone at (202) 619–0422; by FAX at manufacturer of this class of products. ADDRESSES: You may submit comments (202) 481–1788; or by e-mail at Accordingly, based on the available by any of the following methods: [email protected]. information, SBA has determined that • E-mail: [email protected]. SUPPLEMENTARY INFORMATION: Section there is a small business manufacturer You must include the DS form number 8(a)(17) of the Small Business Act, (Act) of this class of products, and is therefore (if applicable), information collection 15 U.S.C. 637(a)(17), requires that terminating the class waiver of the title, and OMB control number in the recipients of Federal contracts set aside subject line of your message. Nonmanufacturer Rule for Sporting and • for small businesses, service-disabled Athletic Goods Manufacturing, NAICS Mail (paper, disk, or CD–ROM submissions): Susan Cowlishaw, 2100 veteran-owned small businesses, or 339920. SBA’s 8(a) Business Development Pennsylvania Ave., NW., 3rd Floor, Program provide the product of a small Authority: 15 U.S.C. 637(a)(17). Washington, DC 20037. business manufacturer or processor, if Dated: August 25, 2005. FOR FURTHER INFORMATION CONTACT: the recipient is other than the actual Nancyellen Gentile, Direct requests for additional manufacturer or processor of the information regarding the collection Acting Associate Administrator for product. This requirement is commonly Government Contracting. listed in this notice, including requests referred to as the Nonmanufacturer for copies of the proposed information [FR Doc. 05–17585 Filed 9–2–05; 8:45 am] Rule. collection and supporting documents, to The SBA regulations imposing this BILLING CODE 8025–01–P Susan Cowlishaw, 2100 Pennsylvania requirement are found at 13 CFR Ave., NW., 3rd Floor, Washington, DC 121.406(b). Section 8(a)(17)(b)(iv) of the 20037, who may be reached on (202) Act authorizes SBA to waive the 261–8957, or at [email protected]. Nonmanufacturer Rule for any ‘‘class of SUPPLEMENTARY INFORMATION: We are products’’ for which there are no small soliciting public comments to permit business manufacturers or processors the Department to: available to participate in the Federal • Evaluate whether the proposed market. information collection is necessary for

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the proper performance of our Register preceding submission to OMB. • Minimize the reporting burden on functions. We are conducting this process in those who are to respond, including the • Evaluate the accuracy of our accordance with the Paperwork use of automated collection techniques estimate of the burden of the proposed Reduction Act of 1995. or other forms of technology. collection, including the validity of the • Title of Information Collection: methodology and assumptions used. Affidavit of Identifying Witness. Abstract of Proposed Collection • Enhance the quality, utility, and • OMB Control Number: 1405–0088. The Affidavit of Identifying Witness clarity of the information to be • Type of Request: Revision of a (Form DS–71) is used by the Department collected. Currently Approved Collection. of State in making a determination of • Minimize the reporting burden on • Originating Office: Bureau of the applicant’s eligibility to be those who are to respond, including the Consular Affairs, Department of State, documented as a citizen or a non-citizen use of automated collection techniques Passport Services, Office of Field national of the United States. The form or other forms of technology. Operations, Field Coordination is used by Acceptance Agents and Division. CA/PPT/FO/FC. Consular Officers to collect information Abstract of Proposed Collection • Form Number: DS–71. for the purpose of establishing the • The form is used prior to passport Respondents: Individuals or identity of a passport applicant who has issuance and solicits information Households. • not submitted adequate evidence with relating to the loss of a valid U.S. Estimated Number of Respondents: his/her passport application. The passport. The information is used by the 140,000. primary purpose for soliciting the • Estimated Number of Responses: United States Department of State to information is to establish identity and ensure that no person shall bear more 140,000. • Average Hours per Response: 1/12 entitlement to issuance of a U.S. than one valid or potentially valid U.S. passport, and to properly administer passport at any one time, except as (5 min.). • Total Estimated Burden: 11,700. and enforce the laws pertaining to authorized by the Department, and is • issuance thereof. Lack of identity also used to combat passport fraud and Frequency: On occasion. • Obligation to Respond: Required to information may result in the refusal to misuse. Obtain a Benefit. issue a U.S. passport. Inaccurate Methodology DATES: The Department will accept identity evidence could possibly result in issuance of a passport to a non-U.S. This form is used in conjunction with comments from the public up to 60 days citizen or to anyone using an assumed the Form DS–11 Application for a U.S. from September 6, 2005. identity. passport or submitted separately to ADDRESSES: You may submit comments report loss or theft of a U.S. passport. by any of the following methods: Methodology • Passport Services collects the E-mail: [email protected]. The Affidavit of Identifying Witness information when a U.S. citizen or non- You must include the DS form number (Form DS–71) is used in conjunction citizen national applies for a new U.S. (if applicable), information collection with the Application for a U.S. Passport passport and has been issued a title, and OMB control number in the (Form DS–11). Along with the DS–71, previous, still valid U.S. passport that subject line of your message. the customer’s insufficient or • Mail (paper, disk, or CD–ROM has been lost or stolen, or when a unacceptable identity documents are submissions): Susan Cowlishaw, U.S. passport holder independently reports it recorded. The identifying witness Department of State, CA/PPT/FO/FC, lost or stolen. Passport applicants can completes the form for a person 2100 Pennsylvania Avenue, NW., 3rd either download the form from the applying for a passport who is unable to Floor/Room 3040/SA–29, Washington, internet or pick one up at any Passport properly identify himself or herself at DC 20037. Agency or Acceptance Facility. the acceptance facility/passport agency Dated: August 18, 2005. FOR FURTHER INFORMATION CONTACT: in the presence of the Acceptance Direct requests for additional Ann Barrett, Agent/Consular Officer. information regarding the collection Acting Deputy Assistant Secretary for listed in this notice, including requests Dated: August 18, 2005. Passport Services, Bureau of Consular Affairs, Ann Barrett, Department of State. for copies of the proposed information Acting Deputy Assistant Secretary for [FR Doc. 05–17636 Filed 9–2–05; 8:45 am] collection and supporting documents, to Susan Cowlishaw, U.S. Department of Passport Services, Bureau of Consular Affairs, BILLING CODE 4710–06–P State, CA/PPT/FO/FC, 2100 Department of State. Pennsylvania Avenue, NW., 3rd Floor/ [FR Doc. 05–17637 Filed 9–2–05; 8:45 am] DEPARTMENT OF STATE Room 3040/SA–29, Washington, DC BILLING CODE 4710–06–P 20037, who may be reached on (202) [Public Notice: 5180] 261–8957 or [email protected]. DEPARTMENT OF TRANSPORTATION 60-Day Notice of Proposed Information SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit Collection: Form DS–71, Affidavit of Federal Aviation Administration Identifying Witness; OMB No. 1405– the Department to: • Evaluate whether the proposed 0088 Notice of Intent to Request Renewal information collection is necessary for From the Office of Management and the proper performance of our ACTION: Notice of request for public Budget (OMB) of Five Current Public functions. comments. Collections of Information • Evaluate the accuracy of our SUMMARY: The Department of State is estimate of the burden of the proposed AGENCY: Federal Aviation seeking Office of Management and collection, including the validity of the Administration (FAA), DOT. Budget (OMB) approval for the methodology and assumptions used. ACTION: Notice. information collection described below. • Enhance the quality, utility, and The purpose of this notice is to allow 60 clarity of the information to be SUMMARY: In compliance with the days for public comment in the Federal collected. Paperwork Reduction Act (44 U.S.C.

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3501 et seq.) the FAA invites public airplanes. These additional parameters and to the Treasury Department comment on five currently approved allow the NTSB and FAA to investigate Clearance Officer, Department of the public information collections which and establish causes for accidents so Treasury, Room 11000, 1750 will be submitted to OMB for renewal. that the aviation industry can make Pennsylvania Avenue, NW., DATES: Comments must be received on appropriate modifications to prevent Washington, DC 20220. or before November 7, 2005. future incidents. The current estimated DATES: Written comments should be ADDRESSES: Comments may be mailed annual reporting burden is 1 hour. received on or before October 6, 2005 to or delivered to the FAA at the following 4. 2120–0653, Commercial Air Tour be assured of consideration. address: Ms. Judy Street, Room 613, Limitations in the Grand Canyon Financial Crimes Enforcement Network Federal Aviation Administration, National Park (GCNP) Special Flight (FinCEN) Information Systems and Technology Rules Area: NPRM. The National Parks Services Staff, ABA–20, 800 Overflights Act mandates that the OMB Number: 1506–0015. Independence Ave., SW., Washington, recommendations provide for Type of Review: Revision. DC 20591. ‘‘substantial restoration of the natural Title: Suspicious Activity Report by FOR FURTHER INFORMATION CONTACT: Ms. quiet and experience of the park and Money Services Business. Judy Street at the above address or on protection of public health and safety Form: FinCEN form 109. (202) 267–9895. from adverse effects associated with Description: Regulations under 31 aircraft overflight.’’ The FAA will use SUPPLEMENTARY INFORMATION: In CFR 103.20 require Money Services accordance with the Paperwork the information to monitor compliance Business’s to report suspicious Reduction Act of 1995, an agency may with the regulations. These respondents transactions to the Department of not conduct or sponsor, and a person is are GCNP air tour operators. The current Treasury. not required to respond to a collection estimated annual reporting burden is 86 Respondents: Business or other for- of information unless it displays a hours. profit and Not-for-profit institution. currently valid OMB control number. 5. 2120–0683, National Parks Air Tour Estimated Total Reporting Burden: Therefore, the FAA solicits comments Management, 14 CFR part 136. The 720,000 hours. on the following current collections of information collected will be used by Clearance Officer: Russell Stephenson information in order to evaluate the the FAA to develop an air tour (202) 354–6012. Financial Crimes necessity of the collection, the accuracy management plan (ATMP) for each park Enforcement Network, Suite 200, 2070 of the agency’s estimate of the burden, in the National Park System. When an Chain Bridge Road, Vienna, VA 22182. the quality, utility, and clarity of the operator submits the information OMB Reviewer: Alexander T. Hunt information to be collected, and required (routes, aircraft type, (202) 395–7316. Office of Management possible ways to minimize the burden of frequency, etc.), the FAA and National and Budget, Room 10235, New the collection in preparation for Park Service (NPS) will use the Executive Office Building, Washington, submission to renew the clearances of information to determine an appropriate DC 20503. level of overflights for that particular the following information collections. Michael A. Robinson, 1. 2102–0543, Pilots Convicted of park as required by the National Parks Air Tour Management Act. This Treasury PRA Clearance Officer. Alcohol or Drug-Related Motor Vehicle [FR Doc. 05–17564 Filed 9–2–05; 8:45 am] Offenses or Subject to State Motor submission will also ensure interim BILLING CODE 4810–02–P Vehicle Administrative Procedures. The operating authority for the air tour requested information is needed to operator while the ATMP is being developed. The current estimated mitigate potential hazards presented by DEPARTMENT OF THE TREASURY airmen using alcohol or drugs in flight, annual reporting burden is 1,218 hours. to identify persons possibly unsuitable Issued in Washington, DC, on August 29, Submission for OMB Review; for pilot certification. This collection 2005. Comment Request affects those pilots who have been or Judith D. Street, will be convicted of a drug or alcohol- FAA Information Systems and Technology August 29, 2005. related traffic violation. The current Services Staff, ABA–20. The Department of the Treasury has estimated annual reporting burden is [FR Doc. 05–17572 Filed 9–2–05; 8:45 am] submitted the following public 364 hours. BILLING CODE 4910–13–M information collection requirement(s) to 2. 2120–0605, ACSEP Evaluation OMB for review and clearance under the Customer Feedback Report. The Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the information will be collected from DEPARTMENT OF THE TREASURY holders of FAA production approvals submission(s) may be obtained by and selected suppliers to obtain their Submission for OMB Review; calling the Treasury Bureau Clearance input on how well the agency is Comment Request Officer listed. Comments regarding this performing the administration and information collection should be conduct of the Aircraft Certification August 29, 2005. addressed to the OMB reviewer listed Systems Evaluation Program (ACSEP). The Department of the Treasury has and to the Treasury Department The Agency will use the information as submitted the following public Clearance Officer, Department of the a customer service standard and to information collection requirement(s) to Treasury, Room 11000, 1750 continually improve ACSEP. The OMB for review and clearance under the Pennsylvania Avenue, NW., current estimated annual reporting Paperwork Reduction Act of 1995, Washington, DC 20220. burden is 100 hours. Public Law 104–13. Copies of the DATES: Written comments should be 3. 2120–0651, Additional Flight Data submission(s) may be obtained by received on or before October 6, 2005 Recorder Requirements for Certain calling the Treasury Bureau Clearance after to be assured of consideration. Boeing 737 Airplanes. This rule requires Officer listed. Comments regarding this the recording of additional operating information collection should be Internal Revenue Service (IRS) parameters for certain Boeing 737 addressed to the OMB reviewer listed OMB Number: 1545–0120.

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Type of Review: Extension. Respondents: Individuals or and Budget, Room 10235, New Title: Certain Government Payments. households and Business or other-for- Executive Office Building, Washington, Form: IRS form 1099–G. profit. DC 20503. Description: Form 1099–G is used by Estimated Total Burden Hours: 42 governments (primarily state and local) hours. Michael A. Robinson, to report to the IRS (and notify Clearance Officer: Glenn P. Kirkland, Treasury PRA Clearance Officer. recipients of) certain payments (e.g., (202) 622–3428, Internal Revenue [FR Doc. 05–17566 Filed 9–2–05; 8:45 am] unemployment compensation and Service, Room 6516, 1111 Constitution BILLING CODE 4810–31–P income tax refunds). IRS uses the Avenue, NW., Washington, DC 20224. information to insure that the income is OMB Reviewer: Alexander T. Hunt, being properly reported by the (202) 395–7316, Office of Management DEPARTMENT OF THE TREASURY and Budget, Room 10235, New recipients on their returns. Internal Revenue Service Respondents: Federal Government Executive Office Building, Washington, and State, local or tribal government DC 20503. Open meeting of the Taxpayer Estimated Total Burden Hours: Michael A. Robinson, Advocacy Panel Earned Income Tax 12,200,000 hours. Treasury PRA Clearance Officer. Credit Issue Committee OMB Number: 1545–0184. [FR Doc. 05–17565 Filed 9–2–05; 8:45 am] Type of Review: Extension. AGENCY: Internal Revenue Service (IRS) BILLING CODE 4830–01–P Title: Sales of Business Property. Treasury. Form: IRS form 4797. ACTION: Amended notice. Description: Form 4797 is used by DEPARTMENT OF THE TREASURY taxpayers to report sales, exchanges, or SUMMARY: An open meeting of the involuntary conversion of assets, other Submission for OMB Review; Taxpayer Advocacy Panel Earned than capital assets, and involuntary Comment Request Income Tax Credit Issue Committee will conversion of capital assets held more be conducted (via teleconference). The than one year. It is also used to compute August 30, 2005. Taxpayer Advocacy Panel is soliciting ordinary income from recapture and the The Department of the Treasury has public comments, ideas and suggestions recapture of prior year section 1231 submitted the following public on improving customer service at the losses. information collection requirement(s) to Internal Revenue Service. Respondents: Individuals or OMB for review and clearance under the Households and Business or other-for- Paperwork Reduction Act of 1995, DATES: The meeting has been changed to profit. Public Law 104–13. Copies of the Thursday, September 22, 2005. submission(s) may be obtained by Estimated Total Burden Hours: FOR FURTHER INFORMATION CONTACT: calling the Treasury Bureau Clearance 70,711,075 hours. Audrey Y. Jenkins at 1–888–912–1227 Officer listed. Comments regarding this OMB Number: 1545–0941. (toll-free), or 718–488–2085 (non toll- information collection should be Type of Review: Extension. free). Title: Report of a Sale or Exchange of addressed to the OMB reviewer listed Certain Partnership Interests. and to the Treasury Department SUPPLEMENTARY INFORMATION: Notice is Form: IRS form 8308. Clearance Officer, Department of the hereby given pursuant to Section Description: Form 8308 is an Treasury, Room 11000, 1750 10(a)(2) of the Federal Advisory information return that gives the IRS the Pennsylvania Avenue, NW., Committee Act, 5 U.S.C. App. (1988) names of the parties involved in a Washington, DC 20220. that an open meeting of the Taxpayer section 751(a) exchange of a partnership DATES: Written comments should be Advocacy Panel Earned Income Tax interest. It is also used by the received on or before October 6, 2005 to Credit Issue Committee that was partnership as a statement to the be assured of consideration. published in the Federal Register August 22, 2005, has been rescheduled transferor or transferee. It alerts the Alcohol and Tobacco Tax and Trade for Thursday, September 22, 2005 from transferor that a portion of the gain on Bureau (TTB) the sale of a partnership interest may be 11 a.m. to 12 p.m. e.t. via a telephone ordinary income. OMB Number: 1513–0092. conference call. The public is invited to Respondents: Individuals or Type of Review: Extension. make oral comments. Individual Title: Marks on Wine Containers. households, Business or other-for-profit, comments will be limited to 5 minutes. Description: TTB requires that wine or Farms and State, local or tribal For information or to confirm wine premises be identified by government. attendance, notification of intent to statements of information on labels or Estimated Total Burden Hours: attend the meeting must be made with contained in marks. TTB uses this 1,460,000 hours. Audrey Y. Jenkins. Ms. Jenkins may be information to validate the receipts of reached at 1–888–912–1227 or (718) OMB Number: 1545–1791. excise tax revenue by the Federal 488–2085, send written comments to Type of Review: Extension. government. Consumers are provided Audrey Y. Jenkins, TAP Office, 10 Title: Tax Check Waiver. with adequate identifying information. MetroTech Center, 625 Fulton Street, Form: IRS form 12339–A. Respondents: Business or other for- Brooklyn, NY 11201 or post comments Description: The tax check waiver is profit. necessary for the purpose of ensuring Estimated Total Burden Hours: 1 to the Web site: http:// that all panel members are tax hour. www.improveirs.org. Due to limited compliant. Information provided will be Clearance Officer: Frank Foote, (202) conference lines, notification of intent used to qualify or disqualify individuals 927–9347, Alcohol and Tobacco Tax to participate in the telephone to serve as panel members. The and Trade Bureau, Room 200 East, 1310 conference call meeting must be made information will be used as appropriate G. Street, NW., Washington, DC 20005. in advance. by the Taxpayer Advocate service staff, OMB Reviewer: Alexander T. Hunt, The agenda will include various IRS and other appropriate IRS personnel. (202) 395–7316, Office of Management issues.

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Dated: August 30, 2005. Martha Curry, Acting Director, Taxpayer Advocacy Panel. [FR Doc. 05–17561 Filed 9–2–05; 8:45 am] BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 70, No. 171 Tuesday, September 6, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 19 CFR Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: 101...... 52336 The United States Government Manual 741–6000 7921...... 52281 20 CFR Other Services 7 CFR Proposed Rules: Electronic and on-line services (voice) 741–6020 1405...... 52283 Privacy Act Compilation 741–6064 416...... 52949 Public Laws Update Service (numbers, dates, etc.) 741–6043 8 CFR 21 CFR TTY for the deaf-and-hard-of-hearing 741–6086 Proposed Rules: 510...... 52291 Ch. I ...... 52037 558...... 52291 ELECTRONIC RESEARCH 9 CFR Proposed Rules: World Wide Web 310...... 52050 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 94...... 52158 22 CFR is located at: http://www.gpoaccess.gov/nara/index.html 41...... 52292 10 CFR Federal Register information and research tools, including Public Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 50...... 52893 Ch. I ...... 52037 http://www.archives.gov/federallregister/ Proposed Rules: 1...... 52942 23 CFR E-mail 2...... 52942 1327...... 52296 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 10...... 52942 an open e-mail service that provides subscribers with a digital 19...... 52942 26 CFR form of the Federal Register Table of Contents. The digital form 20...... 52942 1...... 52299 of the Federal Register Table of Contents includes HTML and 21...... 52942 Proposed Rules: PDF links to the full text of each document. 25...... 52942 1...... 52051, 52952 To join or leave, go to http://listserv.access.gpo.gov and select 26...... 52942 Online mailing list archives, FEDREGTOC-L, Join or leave the list 50...... 52942 30 CFR (or change settings); then follow the instructions. 51...... 52942 938...... 52916 52...... 52942 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 54...... 52942 250...... 52953 service that notifies subscribers of recently enacted laws. 55...... 52942 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 72...... 52942 32 CFR and select Join or leave the list (or change settings); then follow 73...... 52942 706...... 52302 the instructions. 75...... 52942 FEDREGTOC-L and PENS are mailing lists only. We cannot 95...... 52942 33 CFR respond to specific inquiries. 140...... 52942 100...... 52303, 52305 170...... 52942 Reference questions. Send questions and comments about the 117...... 52307, 52917 Federal Register system to: [email protected] 14 CFR 165...... 52308 Proposed Rules: The Federal Register staff cannot interpret specific documents or 39 ...... 51999, 52001, 52004, regulations. 100 ...... 52052, 52054, 52338 52005, 52009, 52285, 52899, 117...... 52340, 52343 52902 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 71 ...... 52012, 52288, 52903, 38 CFR 52905 14...... 52015 51999–52282...... 1 95...... 52013 41...... 52248 52283–52892...... 2 97...... 52288 49...... 52248 52893–53042...... 6 Proposed Rules: 39 ...... 52040, 52041, 52043, 39 CFR 52046, 52943, 52945, 52947 265...... 52016 15 CFR 40 CFR 995...... 52906 52...... 52919, 52926 81...... 52926 17 CFR 300...... 52018 242...... 52014 Proposed Rules: 52...... 52956, 52960 18 CFR 81...... 52960 Proposed Rules: 136...... 52485 153...... 52328 157...... 52328 42 CFR 375...... 52328 403...... 52019

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414...... 52930 44 CFR 48 CFR 226...... 52488, 52630 422...... 52023 64...... 52935 225...... 52030 300...... 52324 Proposed Rules: 65...... 52936, 52938 232...... 52031 660...... 52035 405...... 52056 67...... 52939 237...... 52032 679...... 52325, 52326 410...... 52056 242...... 52034 Proposed Rules: 411...... 52056 Proposed Rules: 252 ...... 52030, 52031, 52032 17...... 52059 413...... 52056 67 ...... 52961, 52962, 52976 1802...... 52940 414...... 52056 679...... 52060 1852...... 52941 697...... 52346 426...... 52056 46 CFR 43 CFR Proposed Rules: 50 CFR 3834...... 52028 531...... 52345 17...... 52310, 52319

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REMINDERS Superfund program: Genitourinary impairments National Handbook of The items in this list were National oil and hazardous evaluation; revised Conservation Practices; editorially compiled as an aid substances contingency medical criteria; Open for comments until to Federal Register users. plan— published 7-5-05 further notice; published Inclusion or exclusion from National priorities list TRANSPORTATION 5-9-05 [FR 05-09150] this list has no legal update; published 7-6- DEPARTMENT COMMERCE DEPARTMENT significance. 05 Economic regulations: International Trade National priorities list Print advertisements of Administration RULES GOING INTO update; published 7-7- scheduled passenger Antidumping and 05 services; code-sharing countervailing duties: EFFECT SEPTEMBER 6, arrangements and long- 2005 FEDERAL Sunset review procedures; COMMUNICATIONS term wet leases; comments due by 9-14- COMMISSION disclosure; published 8-4- 05; published 8-15-05 [FR ARCHITECTURAL AND 05 05-16133] TRANSPORTATION Digital television stations; table TRANSPORTATION BARRIERS COMPLIANCE of assignments: COMMERCE DEPARTMENT DEPARTMENT BOARD North Carolina; published 8- National Oceanic and Federal Aviation Americans with Disabilities 3-05 Atmospheric Administration Administration Act; implementation: Radio stations; table of Fishery conservation and Airmen certification: Accessibility guidelines— assignments: management: Second-in-command pilot Buildings and facilities; Missouri; published 8-3-05 West Coast States and construction and type rating; qualification Western Pacific HEALTH AND HUMAN alterations; correction; procedures; published 8-4- fisheries— SERVICES DEPARTMENT published 8-5-05 05 Coastal pelagic species; Centers for Medicare & Airworthiness directives: CORPORATION FOR comments due by 9-13- Medicaid Services NATIONAL AND AvCraft Dornier; published 05; published 8-29-05 COMMUNITY SERVICE Medicare: 8-1-05 [FR 05-17142] AmeriCorps National Service Outpatient drugs and Boeing; published 8-2-05 Salmon; comments due Program; provisions and biologicals under part B; Bombardier; published 8-2- by 9-16-05; published requirements; published 7-8- competitive acquisition 05 9-1-05 [FR 05-17453] 05 Correction; published 9-6- Raytheon; published 8-2-05 Sea turtles; mitigation Correction; published 8-22- 05 Noise standards: measures; comments due by 9-14-05; 05 HEALTH AND HUMAN Propeller-driven small published 8-15-05 [FR ENVIRONMENTAL SERVICES DEPARTMENT airplanes; noise PROTECTION AGENCY certification standards 05-16117] Food and Drug International fisheries Air programs; State authority Administration harmonization; published delegations: 8-5-05 regulations: Animal drugs, feeds, and Pacific tuna— Arizona and Nevada; related products: published 7-8-05 COMMENTS DUE NEXT Eastern tropical Pacific Nifurpirinol, etc.; withdrawn; Ocean; purse seine and Air quality implementation published 8-26-05 WEEK plans: longline fisheries HOMELAND SECURITY restrictions; comments Preparation, adoption, and AGENCY FOR submittal— DEPARTMENT due by 9-14-05; INTERNATIONAL published 8-15-05 [FR Regional haze standards; Coast Guard DEVELOPMENT 05-16115] best available retrofit Drawbridge operations: Assistance awards to U.S. COURT SERVICES AND technology Maine; published 9-6-05 non-Governmental determinations; OFFENDER SUPERVISION INTERIOR DEPARTMENT organizations; marking implementation AGENCY FOR THE Surface Mining Reclamation requirements; Open for DISTRICT OF COLUMBIA guidelines; published 7- comments until further and Enforcement Office Semi-annual agenda; Open for 6-05 notice; published 8-26-05 comments until further Air quality implementation Permanent program and [FR 05-16698] plans; approval and abandoned mine land notice; published 12-22-03 AGRICULTURE promulgation; various reclamation plan [FR 03-25121] DEPARTMENT States; air quality planning submissions: DEFENSE DEPARTMENT Agricultural Marketing purposes; designation of Pennsylvania; published 9-6- Acquisition regulations: Service areas: 05 Pilot Mentor-Protege Cotton classing, testing and Arizona; correction; Program; Open for NATIONAL AERONAUTICS standards: published 9-6-05 AND SPACE comments until further Classification services to Air quality implementation ADMINISTRATION notice; published 12-15-04 plans; approval and growers; 2004 user fees; [FR 04-27351] Acquisition regulations: Open for comments until promulgation; various Federal Acquisition Regulation Contracting and head of further notice; published States: (FAR): contracting activity District of Columbia; 5-28-04 [FR 04-12138] definitions; revised; Contract termination; published 9-6-05 Irish potatoes grown in— published 9-6-05 supplement; comments Maryland; published 7-6-05 Colorado; comments due by due by 9-12-05; published Packaging, handling, and Texas; published 7-6-05 9-12-05; published 8-22- 7-12-05 [FR 05-13306] transportation; published 05 [FR 05-16570] Washington; published 8-4- 9-6-05 Export-controlled acquisition 05 AGRICULTURE regulation supplement; Hazardous waste management SOCIAL SECURITY DEPARTMENT comments due by 9-12- system: ADMINISTRATION Natural Resources 05; published 7-12-05 [FR Hazardous waste manifest Social security benefits: Conservation Service 05-13305] system modification; Federal old-age, survivors, Reports and guidance Fast payment procedures; published 3-4-05 and disability insurance— documents; availability, etc.: comments due by 9-12-

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05; published 7-13-05 [FR Energy Policy Act of 2005; Ohio; comments due by 9- FEDERAL DEPOSIT 05-13617] implementation— 12-05; published 8-11-05 INSURANCE CORPORATION Labor laws; comments due Liquefied natural gas [FR 05-15922] Federal Deposit Insurance Act; by 9-12-05; published 7- terminals and other Pesticides; tolerances in food, implementation: 12-05 [FR 05-13307] natural gas facilities; animal feeds, and raw Annual independent audits Material Inspection and pre-filing procedures; agricultural commodities: and reporting Recovery Report; comments due by 9-14- Imidacloprid; comments due requirements; comments comments due by 9-12- 05; published 9-2-05 by 9-12-05; published 7- due by 9-16-05; published 05; published 7-12-05 [FR [FR 05-17480] 13-05 [FR 05-13370] 8-2-05 [FR 05-15109] 05-13304] Oil pipelines: Potassium triiodide; GENERAL SERVICES Freedom of Information Act; Producer Price Index for comments due by 9-12- ADMINISTRATION Finished Goods; annual 05; published 7-13-05 [FR implementation; comments Federal Acquisition Regulation change; comments due by 05-13701] due by 9-12-05; published (FAR): 9-13-05; published 7-15- Spirodiclofen; comments due 7-13-05 [FR 05-13742] Fast payment procedures; 05 [FR 05-13909] by 9-12-05; published 7- EDUCATION DEPARTMENT comments due by 9-12- ENVIRONMENTAL 13-05 [FR 05-13774] Grants and cooperative 05; published 7-13-05 [FR PROTECTION AGENCY Superfund program: agreements; availability, etc.: 05-13617] Air pollutants, hazardous; Toxic chemical release HEALTH AND HUMAN Vocational and adult national emission standards: reporting; community right- SERVICES DEPARTMENT education— General provisions; to-know— Smaller Learning comments due by 9-12- Diisononyl phthalate Centers for Medicare & Communities Program; 05; published 7-29-05 [FR category; comments Medicaid Services Open for comments 05-13497] due by 9-12-05; Medicare: until further notice; Plywood and composite published 6-14-05 [FR Hospital outpatient published 2-25-05 [FR wood products; comments 05-11664] prospective payment E5-00767] due by 9-12-05; published Water pollution control: system and 2006 FY Special education and 7-29-05 [FR 05-14532] National Pollutant Discharge rates; comments due by rehabilitative services: Reconsideration; public Elimination System— 9-16-05; published 7-25- 05 [FR 05-14448] Individuals with Disabilities hearing; comments due Concentrated animal Education Act (IDEA)— by 9-12-05; published feeding operations in HEALTH AND HUMAN National instruction 7-29-05 [FR 05-14533] New Mexico and SERVICES DEPARTMENT materials accessibility Air programs: Oklahoma; general Food and Drug standard; establishment; Ambient air quality permit for discharges; Administration comments due by 9-12- standards, national— Open for comments Reports and guidance 05; published 6-29-05 Fine particulate matter; until further notice; documents; availability, etc.: [FR 05-12853] regional haze standards published 12-7-04 [FR Evaluating safety of ENERGY DEPARTMENT for Class I Federal 04-26817] antimicrobial new animal Meetings: areas, large national Texas; general permit for drugs with regard to their parks and wilderness territorial seas; Open for Environmental Management microbiological effects on areas; comments due comments until further bacteria of human health Site-Specific Advisory by 9-17-05; published notice; published 9-6-05 Board— concern; Open for 8-1-05 [FR 05-14930] [FR 05-17614] comments until further Oak Ridge Reservation, Air programs; approval and Water pollution; effluent notice; published 10-27-03 TN; Open for comments promulgation; State plans guidelines for point source [FR 03-27113] until further notice; for designated facilities and categories: published 11-19-04 [FR Medical devices— pollutants: Meat and poultry products 04-25693] Dental noble metal alloys Maryland; comments due by processing facilities; Open and base metal alloys; ENERGY DEPARTMENT 9-12-05; published 8-11- for comments until further Class II special Energy Efficiency and 05 [FR 05-15920] notice; published 9-8-04 controls; Open for Renewable Energy Office Air quality implementation [FR 04-12017] comments until further Commercial and industrial plans; approval and FEDERAL notice; published 8-23- equipment; energy efficiency promulgation; various COMMUNICATIONS 04 [FR 04-19179] States: program: COMMISSION HOMELAND SECURITY California; comments due by Test procedures and Committees; establishment, DEPARTMENT 9-12-05; published 8-11- efficiency standards— renewal, termination, etc.: Coast Guard 05 [FR 05-15831] Technological Advisory Commercial packaged Anchorage regulations: boilers; Open for Iowa; comments due by 9- Council; Open for Maryland; Open for comments until further 15-05; published 8-16-05 comments until further comments until further notice; published 10-21- [FR 05-16223] notice; published 3-18-05 notice; published 1-14-04 04 [FR 04-17730] Maryland; comments due by [FR 05-05403] 9-14-05; published 8-15- [FR 04-00749] ENERGY DEPARTMENT Common carrier services: 05 [FR 05-16111] Interconnection— Ports and waterways safety; Federal Energy Regulatory Environmental statements; regulated navigation areas, Commission Incumbent local exchange safety zones, security availability, etc.: carriers unbounding Electric rate and corporate zones, etc.: Coastal nonpoint pollution obligations; local regulation filings: control program— competition provisions; Tampa Bay, FL; comments Virginia Electric & Power Minnesota and Texas; wireline services due by 9-12-05; published Co. et al.; Open for Open for comments offering advanced 7-12-05 [FR 05-13665] comments until further until further notice; telecommunications Regattas and marine parades: notice; published 10-1-03 published 10-16-03 [FR capability; Open for John H. Kerr Reservoir, VA; [FR 03-24818] 03-26087] comments until further comments due by 9-16- Natural gas companies Hazardous waste program notice; published 12-29- 05; published 9-1-05 [FR (Natural Gas Act): authorizations: 04 [FR 04-28531] 05-17428]

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HOUSING AND URBAN published 2-17-04 [FR 04- may be used in conjunction in Brooklyn, New York, as the DEVELOPMENT 03374] with ‘‘PLUS’’ (Public Laws ‘‘Congresswoman Shirley A. DEPARTMENT OFFICE OF UNITED STATES Update Service) on 202–741– Chisholm Post Office Grants and cooperative TRADE REPRESENTATIVE 6043. This list is also Building’’. (Aug. 2, 2005; 119 available online at http:// Stat. 459) agreements; availability, etc.: Trade Representative, Office www.archives.gov/ Homeless assistance; of United States S. 775/P.L. 109–51 federal—register/public—laws/ excess and surplus Generalized System of To designate the facility of the public—laws.html. Federal properties; Open Preferences: United States Postal Service for comments until further 2003 Annual Product The text of laws is not located at 123 W. 7th Street notice; published 8-5-05 Review, 2002 Annual published in the Federal in Holdenville, Oklahoma, as [FR 05-15251] Country Practices Review, Register but may be ordered the ‘‘Boone Pickens Post INTERIOR DEPARTMENT and previously deferred in ‘‘slip law’’ (individual Office’’. (Aug. 2, 2005; 119 Stat. 460) Fish and Wildlife Service product decisions; pamphlet) form from the Superintendent of Documents, Endangered and threatened petitions disposition; Open S. 904/P.L. 109–52 U.S. Government Printing species permit applications for comments until further To designate the facility of the notice; published 7-6-04 Office, Washington, DC 20402 United States Postal Service Recovery plans— [FR 04-15361] (phone, 202–512–1808). The located at 1560 Union Valley Paiute cutthroat trout; text will also be made TRANSPORTATION Road in West Milford, New Open for comments available on the Internet from DEPARTMENT Jersey, as the ‘‘Brian P. until further notice; GPO Access at http:// Parrello Post Office Building’’. Federal Aviation published 9-10-04 [FR www.gpoaccess.gov/plaws/ (Aug. 2, 2005; 119 Stat. 461) 04-20517] Administration index.html. Some laws may H.R. 3045/P.L. 109–53 Endangered and threatened Airworthiness directives: not yet be available. Dominican Republic-Central species: Airbus; comments due by 9- America-United States Free 15-05; published 8-16-05 H.R. 3423/P.L. 109–43 Critical habitat Trade Agreement designations— [FR 05-16178] Medical Device User Fee Stabilization Act of 2005 (Aug. Implementation Act (Aug. 2, Spreading navarretia; Boeing; comments due by 2005; 119 Stat. 462) 9-12-05; published 7-27- 1, 2005; 119 Stat. 439) comments due by 9-14- H.R. 2361/P.L. 109–54 05; published 8-31-05 05 [FR 05-14790] H.R. 38/P.L. 109–44 Department of the Interior, [FR 05-17452] Empresa Brasileira de Upper White Salmon Wild and Aeronautica S.A. Scenic Rivers Act (Aug. 2, Environment, and Related Western snowy plover; Agencies Appropriations Act, comments due by 9-15- (EMBRAER); comments 2005; 119 Stat. 443) due by 9-12-05; published 2006 (Aug. 2, 2005; 119 Stat. 05; published 8-16-05 H.R. 481/P.L. 109–45 499) [FR 05-16149] 8-17-05 [FR 05-16262] Sand Creek Massacre H.R. 2985/P.L. 109–55 Findings on petitions, etc.— Airworthiness standards: National Historic Site Trust Act Legislative Branch Headwater and roundtail Special conditions— of 2005 (Aug. 2, 2005; 119 Stat. 445) Appropriations Act, 2006 (Aug. chub; Lower Colorado Boeing Model 747-400 2, 2005; 119 Stat. 565) River basin population; airplane; comments due H.R. 541/P.L. 109–46 S. 45/P.L. 109–56 comments due by 9-12- by 9-12-05; published To direct the Secretary of 05; published 7-12-05 8-11-05 [FR 05-15856] Agriculture to convey certain To amend the Controlled [FR 05-13315] Class B airspace; comments land to Lander County, Substances Act to lift the patient limitation on NATIONAL AERONAUTICS due by 9-12-05; published Nevada, and the Secretary of 7-29-05 [FR 05-14976] the Interior to convey certain prescribing drug addiction AND SPACE treatments by medical ADMINISTRATION TRANSPORTATION land to Eureka County, Nevada, for continued use as practitioners in group Federal Acquisition Regulation DEPARTMENT practices, and for other (FAR): National Highway Traffic cemeteries. (Aug. 2, 2005; 119 Stat. 448) purposes. (Aug. 2, 2005; 119 Fast payment procedures; Safety Administration Stat. 591) H.R. 794/P.L. 109–47 comments due by 9-12- Anthropomorphic test devices: S. 1395/P.L. 109–57 Colorado River Indian 05; published 7-13-05 [FR Occupant crash protection— Controlled Substances Export 05-13617] Reservation Boundary Hybrid III 10-year-old child Correction Act (Aug. 2, 2005; Reform Act of 2005 (Aug. 2, NUCLEAR REGULATORY test dummy; comments 119 Stat. 451) 2005; 119 Stat. 592) COMMISSION due by 9-12-05; Last List August 2, 2005 Environmental statements; published 7-13-05 [FR H.R. 1046/P.L. 109–48 availability, etc.: 05-13659] To authorize the Secretary of Fort Wayne State TRANSPORTATION the Interior to contract with Public Laws Electronic Developmental Center; DEPARTMENT the city of Cheyenne, Wyoming, for the storage of Notification Service Open for comments until Pipeline and Hazardous (PENS) further notice; published the city’s water in the Materials Safety Kendrick Project, Wyoming. 5-10-04 [FR 04-10516] Administration (Aug. 2, 2005; 119 Stat. 455) PENS is a free electronic mail POSTAL SERVICE Pipeline safety: H.J. Res. 59/P.L. 109–49 notification service of newly Domestic Mail Manual: Safety regulation; periodic Expressing the sense of enacted public laws. To updates; comments due Periodicals mail prepared in Congress with respect to the subscribe, go to http:// by 9-16-05; published 7- sacks; new standards; women suffragists who fought listserv.gsa.gov/archives/ 18-05 [FR 05-14003] comments due by 9-14- for and won the right of publaws-l.html 05; published 8-15-05 [FR women to vote in the United Note: This service is strictly 05-16200] States. (Aug. 2, 2005; 119 LIST OF PUBLIC LAWS for E-mail notification of new Stat. 457) SMALL BUSINESS laws. The text of laws is not ADMINISTRATION This is a continuing list of S. 571/P.L. 109–50 available through this service. Disaster loan areas: public bills from the current To designate the facility of the PENS cannot respond to Maine; Open for comments session of Congress which United States Postal Service specific inquiries sent to this until further notice; have become Federal laws. It located at 1915 Fulton Street address.

VerDate Aug 18 2005 17:53 Sep 02, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\06SECU.LOC 06SECU vi Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Reader Aids

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

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–056–00097–9) ...... 61.00 Apr. 1, 2005 *63 (63.8980–End) ...... (869–056–00151–7) ...... 35.00 7July 1, 2005 500–599 ...... (869–056–00098–7) ...... 12.00 5Apr. 1, 2005 64–71 ...... (869–052–00150–3) ...... 29.00 July 1, 2004 600–End ...... (869–056–00099–5) ...... 17.00 Apr. 1, 2005 72–80 ...... (869–052–00151–1) ...... 62.00 July 1, 2004 27 Parts: 81–85 ...... (869–052–00152–0) ...... 60.00 July 1, 2004 1–199 ...... (869–056–00100–2) ...... 64.00 Apr. 1, 2005 86 (86.1–86.599–99) ...... (869–052–00153–8) ...... 58.00 July 1, 2004 200–End ...... (869–056–00101–1) ...... 21.00 Apr. 1, 2005 86 (86.600–1–End) ...... (869–052–00154–6) ...... 50.00 July 1, 2004 87–99 ...... (869–052–00155–4) ...... 60.00 July 1, 2004 28 Parts: ...... 100–135 ...... (869–052–00156–2) ...... 45.00 July 1, 2004 0–42 ...... (869–052–00101–5) ...... 61.00 July 1, 2004 136–149 ...... (869–052–00157–1) ...... 61.00 July 1, 2004 43–End ...... (869–052–00102–3) ...... 60.00 July 1, 2004 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 29 Parts: 190–259 ...... (869–052–00159–7) ...... 39.00 July 1, 2004 *0–99 ...... (869–056–00104–5) ...... 50.00 July 1, 2005 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 100–499 ...... (869–056–00105–3) ...... 23.00 July 1, 2005 266–299 ...... (869–052–00161–9) ...... 50.00 July 1, 2004 500–899 ...... (869–056–00106–1) ...... 61.00 July 1, 2005 300–399 ...... (869–052–00162–7) ...... 42.00 July 1, 2004 *900–1899 ...... (869–056–00107–0) ...... 36.00 7July 1, 2005 *400–424 ...... (869–056–00165–7) ...... 56.00 8July 1, 2005 *1900–1910 (§§ 1900 to 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 1910.999) ...... (869–056–00108–8) ...... 61.00 July 1, 2005 700–789 ...... (869–052–00165–1) ...... 61.00 July 1, 2004 1910 (§§ 1910.1000 to 790–End ...... (869–052–00166–0) ...... 61.00 July 1, 2004 end) ...... (869–052–00108–2) ...... 46.00 8July 1, 2004 41 Chapters: 1911–1925 ...... (869–052–00109–1) ...... 30.00 July 1, 2004 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 *1926 ...... (869–056–00111–8) ...... 50.00 July 1, 2005 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 3–6 ...... 14.00 3 July 1, 1984 30 Parts: 7 ...... 6.00 3 July 1, 1984 1–199 ...... (869–052–00112–1) ...... 57.00 July 1, 2004 8 ...... 4.50 3 July 1, 1984 200–699 ...... (869–052–00113–9) ...... 50.00 July 1, 2004 9 ...... 13.00 3 July 1, 1984 *700–End ...... (869–056–00115–1) ...... 58.00 July 1, 2005 10–17 ...... 9.50 3 July 1, 1984 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 0–199 ...... (869–052–00115–5) ...... 41.00 July 1, 2004 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 200–End ...... (869–052–00116–3) ...... 65.00 July 1, 2004 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–052–00167–8) ...... 24.00 July 1, 2004 1–39, Vol. I ...... 15.00 2 July 1, 1984 *101 ...... (869–056–00170–3) ...... 21.00 July 1, 2005 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–052–00169–4) ...... 56.00 July 1, 2004 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–052–00170–8) ...... 24.00 July 1, 2004 *1–190 ...... (869–056–00119–3) ...... 61.00 July 1, 2005 42 Parts: 191–399 ...... (869–052–00118–0) ...... 63.00 July 1, 2004 400–629 ...... (869–056–00121–5) ...... 50.00 July 1, 2005 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 *630–699 ...... (869–056–00122–3) ...... 37.00 July 1, 2005 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 700–799 ...... (869–052–00121–0) ...... 46.00 July 1, 2004 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 *800–End ...... (869–056–00124–0) ...... 47.00 July 1, 2005 43 Parts: 33 Parts: 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 44 ...... (869–052–00176–7) ...... 50.00 Oct. 1, 2004 200–End ...... (869–052–00125–2) ...... 57.00 July 1, 2004 45 Parts: 34 Parts: 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 1–299 ...... (869–052–00126–1) ...... 50.00 July 1, 2004 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 *300–399 ...... (869–056–00129–1) ...... 40.00 7July 1, 2005 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 1200–End ...... (869–052–00180–5) ...... 61.00 Oct. 1, 2004 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 46 Parts: 36 Parts 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 1–199 ...... (869–052–00130–9) ...... 37.00 July 1, 2004 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 200–299 ...... (869–056–00132–1) ...... 37.00 July 1, 2005 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 300–End ...... (869–052–00132–5) ...... 61.00 July 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 38 Parts: 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 0–17 ...... (869–052–00134–1) ...... 60.00 July 1, 2004 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 18–End ...... (869–052–00135–0) ...... 62.00 July 1, 2004 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 39 ...... (869–052–00136–8) ...... 42.00 July 1, 2004 47 Parts: 0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 40 Parts: 20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 1–49 ...... (869–052–00137–6) ...... 60.00 July 1, 2004 40–69 ...... (869–052–00192–9) ...... 40.00 Oct. 1, 2004 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 70–79 ...... (869–052–00193–8) ...... 63.00 Oct. 1, 2004 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 80–End ...... (869–052–00194–5) ...... 61.00 Oct. 1, 2004 52 (52.1019–End) ...... (869–052–00140–6) ...... 61.00 July 1, 2004 53–59 ...... (869–052–00141–4) ...... 31.00 July 1, 2004 48 Chapters: 60 (60.1–End) ...... (869–052–00142–2) ...... 58.00 July 1, 2004 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 60 (Apps) ...... (869–052–00143–1) ...... 57.00 July 1, 2004 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 61–62 ...... (869–056–00145–2) ...... 45.00 July 1, 2005 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–052–00145–7) ...... 58.00 July 1, 2004 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–052–00146–5) ...... 50.00 July 1, 2004 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–052–00147–3) ...... 50.00 July 1, 2004 15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004 63 (63.1440–63.8830) .... (869–052–00148–1) ...... 64.00 July 1, 2004 29–End ...... (869–052–00201–1) ...... 47.00 Oct. 1, 2004

VerDate Aug 18 2005 17:54 Sep 02, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\06SECL.LOC 06SECL viii Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Reader Aids

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

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