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FR

FR-2006-04-24/E6-6103

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21026-21027] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6103] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-8161-3] Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC); Notification of a Public Advisory Committee Meeting (Teleconference) of the CASAC Ozone Review Panel AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel (Ozone Panel) to provide additional advice to the Agency concerning Chapter 8 (Integrative Synthesis) of the Final Air Quality Criteria for Ozone and Related Photochemical Oxidants (EPA/600/R-05/004aF-cF, February 2006). DATES: The teleconference will be held on May 12, 2006, from 1 to 4 p.m. (Eastern Time). FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to obtain the teleconference call-in number and access code; would like to submit written or brief (less than five minutes) oral comments; or wants further information concerning this teleconference, must contact Mr. Fred Butterfield, Designated Federal Officer (DFO), EPA Science Advisory Board (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via telephone/voice mail: (202) 343-9994; fax: (202) 233-0643; or e-mail at: [email protected]. General information concerning the CASAC or the EPA SAB can be found on the EPA Web site at URL: http://www.epa.gov/sab. SUPPLEMENTARY INFORMATION: Background: The CASAC, which is comprised of seven members appointed by the EPA Administrator, was established under section 109(d)(2) of the Clean Air Act (CAA or Act) (42 U.S.C. 7409) as an independent scientific advisory committee, in part to provide advice, information and recommendations on the scientific and technical aspects of issues related to air quality criteria and national ambient air quality standards (NAAQS) under sections 108 and 109 of the Act. The CASAC is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The CASAC Ozone Review Panel, which consists of the members of the chartered CASAC supplemented by subject-matter-experts, complies with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Under section 108 of the CAA, the Agency is required to establish National Ambient Air Quality Standards (NAAQS) for each of six pollutants for which EPA has issued criteria, including ambient ozone (O3). Section 109(d) of the Act subsequently requires periodic review and, if appropriate, revision of existing air quality criteria and NAAQS to reflect advances in scientific knowledge on the effects of the pollutant on public health and welfare. The Ozone Panel met in a public meeting in Durham, North Carolina on December 6-7, 2005, to conduct a peer review on EPA's 2nd draft Air Quality Criteria for Ozone and Related Photochemical Oxidants (August 2005). In a February 10, 2006, letter to the Administrator (EPA-CASAC-06-003), the CASAC indicated that it may need to provide additional advice related to chapter 8 of the AQCD which integrates human health effects and exposure. The CASAC's review of the 2nd draft is available on the SAB Web site at: http://www.epa.gov/sab/pdf/oasac_ozone_casac-06-003.pdf. On March 21, 2006, EPA's National Center for Environmental Assessment, Research Triangle Park (NCEA–RTP), released the Final O3 AQCD. Concomitantly, EPA's Office of Air Quality Planning and Standards (OAQPS) is completing work on a 2nd draft of A Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information. The latter document evaluates the policy implications of the scientific information in the Final O3 AQCD, and the results of the quantitative risk/exposure analysis. CASAC will hold a conference call to provide additional advice to the Agency as it works to complete the 2nd Draft NAAQS for O3. Availability of Meeting Materials: The Final O3 AQCD can be accessed via the Agency's NCEA Web site at: http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=149923. Any questions concerning the Final O3 AQCD should be directed to Dr. Mary Ross, NCEA-RTP, at phone: (919) 541- [[Page 21027]] 5170, or e-mail: [email protected]. In addition, a copy of the draft agenda for this teleconference meeting will be posted on the SAB Web site at: http://www.epa.gov/sab (under the ``Agendas'' subheading) in advance of this Ozone Panel meeting. Other meeting materials, including the discussion questions for the Ozone Panel, will be posted on the SAB Web site at: http://www.epa.gov/sab/panels/casacorpanel.html prior to this teleconference. Procedures for Providing Public Input: Interested members of the public may submit relevant written or oral information for the CASAC Ozone Review Panel to consider during the advisory process. Oral Statements: In general, individuals or groups requesting an oral presentation at a teleconference meeting will be limited to five minutes per speaker, with no more than a total of 30 minutes for all speakers. Interested parties should contact Mr. Butterfield, DFO (preferably via e-mail) at the contact information noted above, no later than May 5, 2006, to be placed on the public speaker list for this meeting. Written Statements: Written statements should be received in the SAB Staff Office by May 5, 2006, so that the information may be made available to the Ozone Panel for their consideration prior to this meeting. Written statements should be supplied to the DFO in the following formats: One hard copy with original signature, and one electronic copy via e-mail (acceptable file format: Adobe Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or Rich Text files in IBM-PC/ Windows 98/2000/XP format). Accessibility: For information on access or services for individuals with disabilities, please contact Mr. Butterfield at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: April 18, 2006. Anthony Maciorowski, Associate Director for Science, EPA Science Advisory Board Staff Office. [FR Doc. E6-6103 Filed 4-21-06; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T14:08:34.510482

FR

FR-2006-04-24/E6-6082

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21027] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6082] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget April 14, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before May 24, 2006. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all Paperwork Reduction Act (PRA) comments to Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 12th Street, SW., DC 20554 or an e-mail to [email protected]. If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418- 0214 or via the Internet at [email protected]. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060-0718. Title: Part 101, Governing the Terrestrial Microwave Fixed Radio Service. Form No.: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit., not-for-profit institutions, and state, local or tribal government. Number of Respondents: 10,000 respondents; 6,364 responses. Estimated Time per Response: .25-3 hours. Frequency of Response: On occasion and every 10 year reporting requirements, recordkeeping requirement and third party disclosure requirement. Total Annual Burden: 36,585 hours. Total Annual Cost: $474,000. Privacy Act Impact Assessment: N/A. Needs and Uses: The Commission is submitting this information collection to OMB as a revision in order to obtain the full three-year clearance from them. Part 101 requires various information to be filed and maintained by the respondent to determine the technical, legal and other qualifications of applications to operate a station in the public and private operational fixed services. The information is also used to determine whether the public interest, convenience, and necessity are being served as required by 47 U.S.C. 309. The Commission staff also uses this information to ensure that applicants and licensee comply with ownership and transfer restrictions imposed by 47 U.S.C. 310. The Appendix attached to the OMB submission lists the rules in Part 101 that impose reporting, recordkeeping and third party disclosure requirements. The Commission revised this information collection to remove Part 101 rule sections that have no PRA implications. The total annual burden hours and costs have been modified accordingly. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-6082 Filed 4-21-06; 8:45 am] BILLING CODE 6712-01-P

usgpo

2024-10-08T14:08:34.525033

FR

FR-2006-04-24/06-3821

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21027-21028] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3821] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects Title: Refugee Unaccompanied Minor Placement Report (ORR-3); Refugee [[Page 21028]] Unaccompanied Minor Progress Report (ORR-4). OMB No.: 0970-0034. Description: The two reports will collect information necessary to administer the refugee unaccompanied minor program. The ORR-3 (Placement Report) is submitted to the Office of Refugee Resettlement (ORR) by the service provider agency at initial placement and whenever there is a change in the child's status, including termination from the program. The ORR-4 (Progress Report) is submitted annually and records the child's progress toward the goals listed in the child's case plan. Respondents: State governments. Annual Burden Estimates ---------------------------------------------------------------------------------------------------------------- Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours ---------------------------------------------------------------------------------------------------------------- ORR-3........................................... 12 15 .417 75 ORR-4........................................... 12 60 .250 180 ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual Burden Hours: 255 In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer, E-mail address: [email protected]. All requests should be identified by the title of the information collection. The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: April 17, 2006. Robert Sargis, Reports Clearance Officer. [FR Doc. 06-3821 Filed 4-21-06; 8:45 am] BILLING CODE 4184-01-M

usgpo

2024-10-08T14:08:34.541953

FR

FR-2006-04-24/06-3822

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21028-21029] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3822] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request Title: Follow-Up Study of Issues Affecting the Duration of Child Care Subsidy Use. OMB No.: New Collection. Description: Child care subsidies provide an important benefit to low-income working families, offering them increased access to forms of child care that would otherwise be beyond their means. However, recent research suggests that, for many families, this benefit may be short- lived or unstable. There are many possible explanations for these patterns, and the explanations may be different for different types of families. Recognizing that information about the reasons for short subsidy duration would be helpful to States, the Child Care Bureau has funded Abt Associates Inc. to conduct a two-State investigative study on the duration and use of child care subsidies. This study will, in the short term, provide States with information to shape or modify their child care subsidy procedures. In addition, the study will generate hypotheses that could be systematically tested in later research. The study will examine the use of child care subsidies by 840 families in Illinois and 840 in Oregon. In each State, the sample will be a representative sample of current Temporary Assistance for Needy Families (TANF) families and non-TANF families--all of whom apply and are approved for subsidies and who use them for at least one month. Families will be contacted by telephone approximately nine months after they began using subsidies and will be asked to participate in the study. If they agree, a 45-minute telephone interview will ensue immediately or will be scheduled. It is expected that, after the nine months, over half of the families will no longer be using subsidies. Patterns of subsidy use prior to and during the study period will be tracked through State administrative data. The parent telephone interview will include questions about parents' employment, subsidy status and experience, child care usage, and changes in household composition over the nine-month period. Although the analyses will rely heavily on identification of trigger events, the survey will include questions about other less tangible considerations that may have influenced the duration of parents subsidy use. Telephone interviews will be conducted using Computer-Assisted- Telephone Interviewing (CATI). Responses are voluntary and confidential. The study will also analyze State administrative data on all families who are approved for subsidies during the recruitment period for the study. This will allow researchers to assess the generalizability of the sub-sample of families who are recruited for the in-depth telephone interview; this sub-sample consists of approximately 840 families in each State. No existing data sources can provide all the information needed to complete the Follow-Up Study of Issues Affecting the Duration of Child Care Subsidy Use. These data will help the Child Care Bureau and States to better understand reasons for short child care subsidy duration. Respondents: The sample includes 840 families in Illinois and 840 in Oregon. [[Page 21029]] Annual Burden Estimates ---------------------------------------------------------------------------------------------------------------- Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours ---------------------------------------------------------------------------------------------------------------- Illinois parent survey.......................... 840 1 .75 630 Oregon parent survey............................ 840 1 .75 630 ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual Burden Hours: 1,260 Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: [email protected]. OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Attn: Desk Officer for ACF. E-mail address: [email protected]. Dated: April 17, 2006. Robert Sargis, Reports Clearance Officer. [FR Doc. 06-3822 Filed 4-21-06; 8:45 am] BILLING CODE 4184-01-M

usgpo

2024-10-08T14:08:34.554203

FR

FR-2006-04-24/06-3823

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21029] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3823] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request Title: Grants to States for Access and Visitation: State Child Access Program Survey. OMB No.: 0970-0204. Description: On an annual basis, States must provide OCSE with data on programs that the Grants to States for Access and Visitation Program has funded. These program reporting requirements include, but are not limited to, the collection of data on the number of parents served, types of services delivered, program outcomes, client socio-economic data, referral sources, and other relevant data. Respondents: State Child Access and Visitation Programs and State and/or local service providers. Annual Burden Estimates ---------------------------------------------------------------------------------------------------------------- Number of Average burden Instrument Number of responses per hours per Total burden respondents respondent response hours ---------------------------------------------------------------------------------------------------------------- State Child Access Program Survey........... 324 1 15 4,860 ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual Burden Hours: 4,860. Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: [email protected]. OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Attn: Desk Officer for ACF, E-mail address: [email protected]. Dated: April 17, 2006. Robert Sargis, Reports Clearance Officer. [FR Doc. 06-3823 Filed 4-21-06; 8:45 am] BILLING CODE 4184-01-M

usgpo

2024-10-08T14:08:34.575090

FR

FR-2006-04-24/E6-6083

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21029-21030] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6083] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2003E-0030] Determination of Regulatory Review Period for Purposes of Patent Extension; FASLODEX; Correction AGENCY: Food and Drug Administration, HHS. ACTION: Notice; correction. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is correcting a notice that appeared in the Federal Register of April 17, 2003 (68 FR 18992). The document announced that FDA had determined the regulatory review period for FASLODEX. A request for revision of regulatory review period was filed for the product on June 16, 2003. FDA reviewed its records and found that the effective date of the investigational new drug application (IND) was incorrect due to a clerical error. Therefore, FDA is revising the determination of the regulatory review period to reflect the correct effective date for the IND. FOR FURTHER INFORMATION CONTACT: Claudia V. Grillo, Office of Regulatory Policy (HFD-13), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 240-453-6681. SUPPLEMENTARY INFORMATION: In FR Doc. 03-9536, appearing on page 18992 in the Federal Register of April 17, 2003, the following corrections are made: 1. On page 18992, in the second column, in the second complete [[Page 21030]] paragraph, in the third line, ``1,935'' is corrected to read ``1,938''; in the fourth line, ``1,541'' is corrected to read ``1,544''. 2. On page 18992, in the second column, in the third complete paragraph, beginning in the fourth line, ``January 8, 1997'' is corrected to read ``January 5, 1997''; and the last two sentences are corrected to read: ``FDA has verified the applicant's claim that the date the investigational new drug application became effective was on January 5, 1997.'' Dated: March 22, 2006. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E6-6083 Filed 4-21-06; 8:45 am] BILLING CODE 4160-01-S

usgpo

2024-10-08T14:08:34.601806

FR

FR-2006-04-24/E6-6056

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21030] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6056] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on (240) 276-1243. Comments are invited on: (a) Whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Proposed Project: The National Executive Training Institutes To Reduce the Use of Seclusion and Restraint--NEW The Center for Mental Health Services within the Substance Abuse and Mental Health Services Administration proposes to survey the recipients of the training and technical assistance provided through the National Technical Assistance Center's (NTAC) National Executive Training Institutes (NETI). The NETI was established to assist states in the reduction and elimination of seclusion and restraint (S&R). Six Regional NETI training events took place in 2003 and 2005. A total of 47 states and staff of 80 facilities were involved in the trainings. A NETI Survey was developed to identify the impact of the training on the implementation of strategies for the reduction of seclusion and restraint and adoption of alternative practices. The NETI Survey is broken into 9 sections: Section I collects general information about the facility (name and state) and the person completing the questionnaire (name, title, phone number, if participated in NETI training and what NETI training participated in); Section II collects information about the type of facility or program that received the NETI training; Section III collects information about the types of persons served by the facility or program; and Sections IV though IX collect information about the strategies taught in the NETI training (Leadership, S/R Prevention and Reduction Tools, Use of S/R Data and Statistics, Staffing/Workforce Development, Consumer/ Stakeholder Involvement, Barriers and Facilitators and other comments), specifically what strategies or changes were implemented before the NETI training, which were implemented after the NETI training, and which have not been implemented. Among the data to be collected through the NETI Survey is information about the strategies taught in the NETI training for reducing the use of seclusion and restraint and adopting alternative practices. The NETI training has been accepted as a promising and best practice for reducing the use of seclusion and restraint, and as being on the evidence-based practices ladder. Current efforts are underway to move the NETI training up the evidence-based ladder to an effective practice. The use of evidence-based practices is one of the domains in the SAMHSA National Outcome Measures (NOMs). Respondents will have the option of completing a paper or on-line version of the survey. The estimated annual response burden to collect this information is as follows: ------------------------------------------------------------------------ Burden/ Annual Number of facilities Responses response burden per facility (hours) (hours) ------------------------------------------------------------------------ 80............................ 1 1.50 120 ------------------------------------------------------------------------ Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 7-1044, One Choke Cherry Road, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: April 13, 2006. Anna Marsh, Director, Office of Program Services. [FR Doc. E6-6056 Filed 4-21-06; 8:45 am] BILLING CODE 4162-20-P

usgpo

2024-10-08T14:08:34.622891

FR

FR-2006-04-24/E6-6111

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21030-21031] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6111] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Cancellation of Customs Broker License AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security. ACTION: General notice. ----------------------------------------------------------------------- SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are cancelled without prejudice. ------------------------------------------------------------------------ Name License No. Issuing port ------------------------------------------------------------------------ M.G. Otero Co., Inc........... 12722 Los Angeles. Bernard M. Vas................ 4463 San Francisco. [[Page 21031]] Dan Lofgren................... 22176 San Francisco. CCF International, Inc........ 20340 Dallas. Alexander H. Foster........... 13498 Los Angeles. Exim Solutions, Inc........... 21876 Los Angeles. Jose Astengo, Jr.............. 3954 San Francisco. Dominion International, Inc... 14096 Norfolk. Duty Refund Services.......... 14364 Detroit. Pro-Log Services, Inc......... 21068 Houston. ------------------------------------------------------------------------ Dated: April 13, 2006. Jayson P. Ahern, Assistant Commissioner, Office of Field Operations. [FR Doc. E6-6111 Filed 4-21-06; 8:45 am] BILLING CODE 9111-14-P

usgpo

2024-10-08T14:08:34.637663

FR

FR-2006-04-24/06-3837

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21031] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3837] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5043-N-03] Notice of Proposed Information Collection for Public Comment: The Survey of Manufactured Housing Regulations AGENCY: Office of the Policy Development and Research, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: June 23, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control number and should be sent to: Reports Liaison Officer, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street, SW., Room 8226, Washington, DC 20410-6000. FOR FURTHER INFORMATION CONTACT: Mr. Edwin Stromberg, (202) 708-4370, extension 5727, for copies of the proposed forms and other available documents. (This is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). This Notice also lists the following information: Title of Proposal: Survey of Manufactured Housing Regulations. Description of the need for the information and proposed use: This request is for the clearance of a survey instrument designed to measure the degree to which local and state regulations affect the placement of manufactured housing (HUD-code homes) in Community Development Block Grant (CDBG) eligible communities. The survey instrument or questionnaire will be mailed to local planning directors or building officials and is designed to be self-administered. The universe will consist of a random sample of CDBG eligible communities across the nation that are in the mid categories of the regulatory severity score (communities that can be considered in a grey-zone where there is greater latitude for interpretation of regulations). The questionnaire is designed to provide qualitative information on the implementation and interpretation of local manufactured housing regulations. The purpose of the survey is to: (1) Gauge an understanding of what extent and what metropolitan jurisdictions allowed manufactured homes in their communities; (2) ascertain how regulations and specific barriers affect the placement of manufactured housing; (3) identify the extent to which various regulations allow interpretation by the planning commission or the local board approving conditional use permits; and (4) determine what restrictions and/or design standards communities place on manufactured housing. OMB Approval Number: Pending. Agency form numbers: None. Members of the Affected Public: Planning directors or building officials. Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: 250 planning directors or building officials will be surveyed through a mailed survey. Average time to complete the mailed survey will be 10 minutes. Respondents will be contacted a maximum of three times (an initial mailing, a follow up postcard reminder two weeks following the initial mailing, and a second mailing two weeks following the postcard reminder if no response has been received). Total burden hours are 42 for the initial mailed survey (no additional time will be required as a result of follow up measures). Status of the proposed information collection: Pending OMB approval. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: April 12, 2006. Harold L. Bunce, Deputy Assistant Secretary for Economic Affairs. [FR Doc. 06-3837 Filed 4-21-06; 8:45 am] BILLING CODE 4210-67-M

usgpo

2024-10-08T14:08:34.650906

FR

FR-2006-04-24/E6-6090

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21031-21032] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6090] ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5038-N-02] Notice of Proposed Information Collection: Comment Request Annual Progress Report (APR) for Competitive Homeless Assistance Programs AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The proposed information collection requirement described below will be submitted to the Office of [[Page 21032]] Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: June 23, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Shelia Jones, Reports Liaison Officer, Department of Housing Urban and Development, 451 7th Street, SW., Room 7232, Washington, DC 20410. FOR FURTHER INFORMATION CONTACT: Robyn Raysor (202) 708-2140, Ext. 4891 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35 as Amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: Title of Proposal: Annual Progress Report (APR) for Competitive Homeless Assistance Programs. OMB Control Number, if applicable: 2506-0145. Description of the need for the Information and proposed use: The Annual Progress Report (APR) tracks competitive homeless assistance program progress and is used to provide grant recipients and HUD with information necessary to assess program and grantee performance. Agency form numbers, if applicable: HUD-40118. Members of affected public: Grantees that have received HUD funding from 1987 to the present. Estimation of the total numbers of hours needed to prepare the Information collection including number of respondents, frequency Of response, and hours of response: ---------------------------------------------------------------------------------------------------------------- Frequency of Activity Number of response Response Burden respondents (annually) hours hours ---------------------------------------------------------------------------------------------------------------- Record-keeping............................................... 6,000 1 33 198,000 Report preparation........................................... 6,000 1 8 48,000 -------------------------------------------------- Total.................................................... ........... ............ ......... 246,000 ---------------------------------------------------------------------------------------------------------------- Status of the proposed information collection: Information is currently being collected. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Pamela H. Patenaude, Assistant Secretary for Community Planning and Development. [FR Doc. E6-6090 Filed 4-21-06; 8:45 am] BILLING CODE 4210-67-P

usgpo

2024-10-08T14:08:34.675606

FR

FR-2006-04-24/E6-6057

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21032-21033] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6057] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Two Applications for Incidental Take Permits for Two Beachfront Developments in Escambia County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Acropolis II Development Enterprises, L.L.C. (Applicants) request incidental take permits (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The Applicants anticipate taking Perdido Key beach mice (Peromyscus polionotus trissyllepsis) incidental to developing, constructing, and human occupancy of a two-condominium beachfront complex on Perdido Key in Escambia County, Florida (Projects). The Applicants' Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of both Projects to the Perdido Key beach mouse. DATES: Written comments on the ITP application, EA, and HCP should be sent to the Service's Regional Office (see ADDRESSES) and should be received on or before June 23, 2006. ADDRESSES: Persons wishing to review the application, EA, and HCP may obtain a copy by writing the Service's Southeast Regional Office, Atlanta, Georgia. Please reference permit number TE122397-0 and TE122398-0 in such requests. Documents will also be available for public inspection by appointment during normal business hours at the Regional Office, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345 (Attn: Endangered Species Permits); or Field Supervisor, U.S. Fish and Wildlife Service, 1601 Balboa Avenue, Panama City, FL 32405. FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional HCP Coordinator, at the Atlanta address in ADDRESSES, telephone 404/679- 4144, or facsimile: 404/679-7081; or Sandra Sneckenberger, Field Office Project Manager, at the Panama City address in ADDRESSES, or at 850/ 769-0552, ext. 239. SUPPLEMENTARY INFORMATION: We announce applications for ITPs and the availability of the HCP and EA. The EA is an assessment of the likely environmental impacts associated with these Projects. Copies of these documents may be obtained by making a request, in writing, to the Regional Office (see ADDRESSES). This notice is provided pursuant to section 10 of the Act (16 U.S.C. 1531 et seq.) and National Environmental Policy Act regulations at 40 CFR 1506.6. We specifically request information, views, and opinions from the public via this notice on the Federal action, including the identification of any other aspects of the human environment not already identified in the EA. Further, we specifically solicit information regarding the adequacy of the HCP as measures against our ITP issuance criteria found in 50 CFR parts 13 and 17. If you wish to comment, you may submit comments by any one of several methods. Please reference permit number TE122397-0 and TE122398-0 [[Page 21033]] in such comments. You may mail comments to the Service's Regional Office (see ADDRESSES). You may also comment via the Internet to [email protected]. Please also include your name and return address in your Internet message. If you do not receive a confirmation from us that we have received your Internet message, contact us directly at either telephone number listed below (see FOR FURTHER INFORMATION CONTACT). Finally, you may hand-deliver comments to either Service office listed below (see ADDRESSES). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the administrative record. We will honor such requests to the extent allowable by law. There may also be other circumstances in which we would withhold from the administrative record a respondent's identity, as allowable by law. If you wish us to withhold your name and address, you must state this prominently at the beginning of your comments. We will not, however, consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. The area encompassed under the incidental take permits includes two individual parcels, Palazzo I and II, consisting of a total of 2.6 acres, along the beachfront of the Gulf of Mexico. The projects are located on the western portion of Perdido Key, a 16.9-mile barrier island. Perdido Key constitutes the entire historic range of the Perdido Key beach mouse. The Perdido Key beach mouse was listed as an endangered species under the Act in 1985 (June 6, 1985, 50 FR 23872). The mouse is also listed as an endangered species by the State of Florida. Critical habitat was designated for the Perdido Key beach mouse at the time of listing (50 FR 23872). On December 15, 2005, we published a proposed revision of critical habitat for the Perdido Key beach mouse and Choctawhatchee beach mouse, and a proposed critical habitat designation for the St. Andrew beach mouse (70 FR 74426). The Perdido Key beach mouse is one of eight species of the old- field mouse that occupy coastal rather than inland areas and are referred to as beach mice. It is one of five subspecies of beach mice endemic to the Gulf coast of Alabama and northwestern Florida. Two other extant subspecies of beach mouse and one extinct subspecies are known from the Atlantic coast of Florida. As do other beach mouse subspecies, Perdido Key beach mice spend their entire lives within the coastal beach and dune ecosystem. Beach mouse habitat consists of a mix of interconnected habitats, including primary, secondary, and scrub dunes, including interdunal areas. Beach mice are nocturnal and dig burrows within the dune system where vegetation provides cover. They forage for food throughout the dune system, feeding primarily on seeds and fruits of dune plants including bluestem (Schizachyrium maritimum), sea oats (Uniola paniculata), and evening primrose (Oenothera humifusa). Insects are also an important component of their diet. Beach mice along the Gulf Coasts of Florida and Alabama generally live about nine months and become mature between 25 and 35 days. Beach mice are monogamous, pairing for life. Gestation averages 24 days and the average litter size is three to four pups. Peak breeding season for beach mice is in autumn and winter, declining in spring, and falling to low levels in summer. In essence, mature female beach mice can produce a litter every month and live about eight months. The EA considers the environmental consequences of two alternatives and the proposed action. The proposed action alternative is issuance of the incidental take permit and implementation of the HCP as submitted by the Applicants. The HCP provides for: (1) Minimizing the footprint of both developments; (2) restoring, preserving, and maintaining onsite beach mouse habitat at both projects; (3) incorporating requirements in the operation of both condominium facilities that provide for the conservation of the beach mouse; (4) monitoring the status of the beach mouse at both projects post-construction; (5) donating funds initially and on an annual basis to Perdido Key beach mouse conservation efforts; (6) including conservation measures to protect nesting sea turtles and non-breeding piping plover; and (7) funding the mitigation measures. Several subspecies of beach mice have been listed as endangered species primarily because of the fragmentation, adverse alteration and loss of habitat due to coastal development. The threat of development related habitat loss continues to increase. Other contributing factors include low population numbers, habitat loss from a variety of reasons (including hurricanes), predation or competition by animals related to human development (cats and house mice), and the existing strength or lack of regulations regarding coastal development. We will evaluate the HCP and comments submitted to determine whether the application meets the requirements of section 10(a) of the Act. If it is determined that those requirements are met, the ITP will be issued for the incidental take of the Perdido Key beach mouse. We will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Endangered Species Act by conducting an intra-Service section 7 consultation. The results of this consultation, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITPs. Dated: April 6, 2006. Bud Oliveira, Acting Regional Director, Southeast Region. [FR Doc. E6-6057 Filed 4-21-06; 8:45 am] BILLING CODE 4310-55-P

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2024-10-08T14:08:34.700710

FR

FR-2006-04-24/06-3829

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21033-21034] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3829] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Renewal of Agency Information Collection for Indian Self- Determination and Education Assistance Contracts AGENCIES: Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services. ACTION: Notice of request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of the Interior and the Department of Health and Human Services announce a request for comments concerning renewal of OMB Control Number 1076-0136, the Information Collection Request used for Indian Self-Determination and Education Assistance actions. The information collection will be used to process contracts, grants or cooperative agreements for award by the Bureau of Indian Affairs and the Indian Health Service as authorized by the Indian Self- Determination and Education Assistance Act, as amended, and as set forth in 25 CFR part 900. The Department of the Interior and the Department of Health and Human [[Page 21034]] Services invite comment on the information collection described below. DATES: Interested persons are invited to submit comments on or before June 23, 2006. ADDRESSES: If you wish to comment, you may submit your comments to Terry Parks, Office of Tribal Services, Bureau of Indian Affairs, Department of the Interior, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington, DC 20240. You may telefax comments on this information collection to (202) 208-5113. You may also hand deliver written comments or view comments at the same address. FOR FURTHER INFORMATION CONTACT: Terry Parks, (202) 513-7625. You may obtain a copy of this information collection document at no charge by a written request to the same address, by telefaxing a request to the above number, or by calling (202) 513-7625. Please identify the information collection by the number 1076-0136. SUPPLEMENTARY INFORMATION: The Department of the Interior and the Department of Health and Human Services developed a joint rule, 25 CFR part 900, to implement section 107 of the Indian Self-Determination and Education Assistance Act, as amended, and Title I, Public Law 103-413, the Indian Self-Determination Contract Reform Act of 1994. Section 107(a)(2)(A)(ii) of the Indian Self-Determination Contract Reform Act requires the joint rule to permit contracts and grants to be awarded to Indian tribes without the unnecessary burden or confusion associated with two sets of rules and information collection requirements when there is a single program legislation involved. The information requirements for this joint rule differ from those of other agencies. Both the Bureau of Indian Affairs and the Indian Health Service let contracts for multiple programs, whereas other agencies usually award single grants to tribes. Under the Indian Self- Determination and Education Assistance Act, as amended, and the Indian Self-Determination Contract Reform Act of 1994, tribes are entitled to contract and may renew contracts annually with the Bureau of Indian Affairs and the Indian Health Service, whereas other agencies provide grants on a discretionary or competitive basis. The proposal and other supporting documentation identified in this information collection are used by the Department of the Interior and the Department of Health and Human Services to determine applicant eligibility, evaluate applicant capabilities, protect the service population, safeguard Federal funds and other resources, and permit the Federal agencies to administer and evaluate contract programs. Tribal governments or tribal organizations provide the information by submitting Public Law 93-638 contract or grant proposals to the appropriate Federal agency. No third-party notification or public disclosure burden is associated with this collection. Request for Comments The Department of the Interior and the Department of Health and Human Services request comments on this information collection concerning: (1) The necessity of the information collection for the proper performance of the agencies' functions; (2) Whether this information collection duplicates a collection elsewhere by the Federal Government; (3) Whether the burden estimate is accurate or could be reduced using technology available to all respondents; (4) If the quality of the information requested ensures its usefulness to the agencies; and (5) If the instructions are clear and easily understood, leading to the least burden on the respondents. Please note that an agency may not sponsor or request, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number. It is our policy to make all comments available to the public for review at the location listed in the ADDRESSES section, room 320-SIB, during the hours of 8 a.m. to 4:30 p.m., EST Monday through Friday except for legal holidays. If you wish to have your name and/or address withheld, you must state this prominently at the beginning of your comments. We will honor your request according to the requirements of the law. All comments from organizations or representatives will be available for review. We may withhold comments from review for other reasons. Information Collection Abstract OMB control number: 1076-0136. Type of review: Renewal. Title: Indian Self-Determination and Education Assistance Act Programs, 25 CFR 900. Brief Description: Each respondent is required to respond from 1 to 12 times per year, depending upon the number of programs it contracts from the Bureau of Indian Affairs and Indian Health Service. In addition, each subpart concerns information collection for different parts of the contracting process. For example, subpart C relates to initial contract proposal contents. Information collection for subpart C would be unnecessary when contracts are renewed. Subpart F describes minimum standards for the management systems used by Indian tribes or tribal organizations under these contracts. Subpart G addresses the negotiability of all reporting and data requirements in the contract. Respondents: Tribes or tribal organizations. Total number of respondents: 550. Estimated number of responses: 5507. Estimated annual burden: 191,174 hours. Dated: April 14, 2006. Debbie L. Clark, Acting Principal Deputy Assistant Secretary--Indian Affairs, Department of the Interior. Dated: February 17, 2006. Mary Lou Stanton, Deputy Director, Indian Health Policy, Department of Health and Human Services. [FR Doc. 06-3829 Filed 4-21-06; 8:45 am] BILLING CODE 4310-4J-P

usgpo

2024-10-08T14:08:34.724736

FR

FR-2006-04-24/E6-6105

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21034-21036] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6105] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Community Development on the Las Vegas Paiute Indian Tribe Reservation, Clark County, NV AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA), in cooperation with the Las Vegas Paiute Indian Tribe (Tribe), the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE), and the Bureau of Land Management (BLM), intends to gather information necessary for preparing an Environmental Impact Statement (EIS). The proposed Federal actions by the BIA and cooperating agencies include approval of a lease, issuance of rights- of-way grants, permits, and/or other agreements between Federal agencies, the Tribe and the LasCal Development Group, LLC (LasCal Development) for the construction, operation and maintenance of residential and commercial development, as well as the necessary infrastructure, on the Las Vegas Paiute Indian Reservation (Reservation) in Clark County, Nevada. The purpose of this project is to provide an expanded economic base for the Tribe while simultaneously providing needed housing for tribal and non-tribal [[Page 21035]] members in the greater Las Vegas area. This notice also announces two public scoping meetings to identify potential issues and alternatives for inclusion in the EIS. DATES: Written comments on the scope and implementation of this proposal must arrive by May 30, 2006. The public scoping meetings will be held on Monday, May 15, 2006, and Tuesday, May 16, 2006. Both meetings will begin at 6:30 p.m. and continue until 8:30 p.m. (local time), or until the last public comments are received. ADDRESSES: You may mail, hand carry, or telefax written comments to either (1) Amy L. Heuslein, Regional Environmental Protection Officer, BIA, Western Regional Office, P.O. Box 10, located at 400 North Fifth Street, 14th Floor, Phoenix, Arizona 85001, Telefax (602) 379-3833; or (2) Paul Schlafly, Natural Resource Specialist, BIA, Southern Paiute Agency, 180 North 200 East Suite 111, St. George, Utah 84771, Telefax (435) 674-9714. Comments may also be submitted via e-mail to the following address: [email protected]. The May 15, 2006, public scoping meeting will be held at the BLM Field Office, 4701 North Torrey Pines Drive, Las Vegas, Nevada. The May 16, 2006, public scoping meeting will be held at the Las Vegas Paiute Community Center, 1 Paiute Drive, Las Vegas, Nevada. FOR FURTHER INFORMATION CONTACT: Amy Heuslein, (602) 379-6750, or Paul Schlafly, (435) 674-9720. SUPPLEMENTARY INFORMATION: The EIS will assess the environmental consequences of proposed federal actions encompassing the proposed project components described below. The federal actions that may be required are as follows: (1) BIA approval of a 99-year lease between LasCal Development and the Tribe, and of rights-of-way grants, permits and/or other agreements, as appropriate; (2) BLM issuance of leases and rights-of-way grants for infrastructure components adjacent to the project area; (3) USACE issuance of Clean Water Act permits; and (4) EPA issuance of Clean Water Act permits. The proposed project area is located in the central portion of the Reservation in Sections 25, 26, 27, 34, 35, and 36 of Township 19 South, Range 59 East, Mount Diablo Meridian, in Clark County, approximately 15 miles northwest of Las Vegas, Nevada. The Las Vegas Paiute Golf Resort currently occupies approximately 700 acres in the eastern portion of the Reservation. The proposed lease property consists of approximately 2,000 acres of the total of 3,200 developable acres on either side of U.S. Highway 95 (US95), which diagonally bisects the property. LasCal Development would construct a mixed residential and commercial development on this property. The development would potentially serve an estimated population of 12,500 to 25,000 people. Operation and maintenance of the proposed project facilities would be managed by the following entities: Nevada Power, Las Vegas Valley Water District, Southwest Gas, Sprint Communications, Cox Cable, the City of Las Vegas, and the Las Vegas Paiute Snow Mountain Recreation Group. LasCal Development would provide construction and reclamation bonds suitable to both the BIA and the Tribe. The proposed project includes residential housing, commercial retail and office space, a casino with 75,000-square feet of gaming space, tribal and non-tribal housing, two elementary schools, one middle school, maintenance facilities, parks, recreational trails, roadways, utility rights-of-way and open space corridors. The proposed project would be developed in at least two phases. Phase I would include the project area located to the east of US95. Phase II would include the project area to the west of US95. Infrastructure development would include the construction of a new highway interchange, storm water conveyance system, internal roadways, as well as connections to existing electrical, natural gas, water, and sewage facilities. The new highway interchange on US95 would be located in the southeast portion of the project area. Internal roadways in the project area would consist of six-lane collector roads, four-lane residential roads, and two-lane residential roads connected to surrounding existing roadways. Utilities, including natural gas, water and sewage facilities, would be developed in coordination with roadway infrastructure development to the extent possible and would be connected to existing utilities located adjacent to the proposed project area. Water for construction and operation of the development would be obtained from three separate water pressure zones extending from the existing Las Vegas Valley Water District infrastructure. Electricity for Phase I of development would be supplied by the Nevada Power Company Northwest Substation. Electricity for Phase II of development would be supplied by the Nevada Power Company Snow Mountain Substation. Relocation of an existing power line easement would occur as a separate action. The storm water conveyance system would be constructed along the entire length of the proposed project area's western and southern boundaries, which is located up gradient from the entire project area. Within the project area, onsite storm drainage would be constructed in coordination with roadway infrastructure development. Alternatives to the proposed action, including the no action alternative, will be analyzed in the EIS. Possible action alternatives could include plans with differing building densities and layouts, a no casino alternative, and an alternative that maximizes environmental protection using the following principles: Mixed land uses; compact building designs; a range of housing opportunities and choices; walkable neighborhoods with a variety of transportation options; distinctive, attractive communities with a strong sense of place; and preservation of open space, natural beauty and critical environmental areas. Resource concerns to be addressed in this EIS would include, but not be limited to, air quality, geology and soils, surface and groundwater resources, biological resources including threatened and endangered species, noxious weeds, migratory birds, cultural resources, socioeconomic conditions, land use, aesthetics or visual resources, environmental justice and Indian trust resources. The range of issues and alternatives to be addressed in the EIS may be expanded or reduced, based on written comments received in response to this notice and at the public scoping meetings. Public Comment Availability Comments, including names and addresses of respondents, will be available for public review at the mailing addresses shown in the ADDRESSES section during regular business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Individual respondents may request confidentiality. If you wish BIA to withhold your name and/or address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. BIA will not, however, consider anonymous comments. All submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses will be made available for public inspection in their entirety. [[Page 21036]] Authority This notice is published in accordance with Sec. 1503.1 of the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508) implementing the procedural requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), and the Department of the Interior Manual (516 DM 1-6), and is in the exercise of authority delegated to the Principal Deputy Assistant Secretary--Indian Affairs by 209 DM 8.l. Dated: April 3, 2006. Michael D. Olsen, Acting Principal Deputy Assistant Secretary--Indian Affairs. [FR Doc. E6-6105 Filed 4-21-06; 8:45 am] BILLING CODE 4310-W7-P

usgpo

2024-10-08T14:08:34.748137

FR

FR-2006-04-24/E6-6026

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21036-21038] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6026] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Grant Availability to Federally-Recognized Indian Tribes for Projects Implementing Traffic Safety on Indian Reservations AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Surface Transportation and Uniform Relocation Assistance Act of 1987, and as authorized by the Secretary of Transportation, the Bureau of Indian Affairs intends to make funds available to federally-recognized Indian tribes on an annual basis for implementing traffic safety projects, which are designed to reduce the number of traffic crashes, death, injuries and property damage within Indian country. Because of the limited funding available for this project, all projects will be reviewed and selected on a competitive basis. This notice informs Indian tribes that grant funds are available and that information packets are being mailed to all tribes. Information packets will be distributed to all Tribal Leaders on the latest Tribal Leaders list that is compiled by the Bureau of Indian Affairs. DATES: Request for funds must be received by May 1 of each program year. Requests not in the office of the Indian Highway Safety Program by close of business on May 1st will not be considered and will be returned unopened. The information packets will be distributed by the end of January of each program year. ADDRESSES: Each tribe must submit their request to the Bureau of Indian Affairs, Division of Safety and Risk Management, Attention: Indian Highway Safety Program Coordinator, 1011 Indian School, NE, Suite 331, Albuquerque, NM 87104. FOR FURTHER INFORMATION CONTACT: Tribes should direct questions to: Patricia Abeyta, Coordinator, Indian Highway Safety Program or Charles L. Jaynes, Program Administrator, Bureau of Indian Affairs, 1011 Indian School, NE, Suite 331, Albuquerque, New Mexico 87104; Telephone (505) 563-5371 or 245-2104. SUPPLEMENTARY INFORMATION: Background The Federal-Aid Highway Act of 1973 (Pub. L. 93-87) provides for U.S. Department of Transportation (DOT) funding to assist Indian tribes in implementing Highway Safety projects. The projects must be designed to reduce the number of motor vehicle traffic crashes and their resulting fatalities, injures, and property damage within Indian reservations. All federally-recognized Indian tribes on Indian reservations are eligible to receive this assistance. All tribes receiving awards of program funds are reimbursed for eligible costs incurred under the terms of 23 U.S.C. 402 and subsequent amendments. Responsibilities For the purposes of application of the Act, Indian reservations are collectively considered a ``State'' and the Secretary of the Interior is considered the ``Governor of a State.'' The Secretary of the Interior delegated the authority to administer the programs for all the Indian Nations in the United States to the Assistant Secretary--Indian Affairs. The Assistant Secretary--Indian Affairs further delegated the responsibility for administration of the Indian Highway Safety Program to the Central Office, Division of Safety and Risk Management (DSRM), located in Albuquerque, New Mexico. The Chief, DSRM, as Program Administrator of the Indian Highway Safety Program, has staff members available to provide program and technical assistance to the Indian tribes. The Indian Highway Safety Program maintains contacts with the DOT with respect to program approval, funding and receiving technical assistance. The National Highway Traffic Safety Administration (NHTSA) is responsible for ensuring that the Indian Highway Safety Program is carried out in accordance with 23 CFR part 1200 and other applicable Federal statutes and regulations. National Priority Program Areas The following highway safety program areas have been identified as priority program areas eligible for funding under 23 CFR 1205.3 on tribal lands: (a) Impaired driving. (b) Occupant protection. (c) Traffic records. Other fundable program areas may be considered based upon well documented problem identification from the tribes. Highway Safety Program Funding Areas Proposals are being solicited for the following program areas: (1) Impaired Driving. Programs directed at reducing injuries and death attributed to impaired driving on the reservations such as Selective Traffic Enforcement Programs to apprehend impaired drivers, specialized law enforcement training (i.e. Standardized Field Sobriety Testing), public information programs on alcohol/other drug use and driving, education programs for convicted DWI/DUI offenders, various youth alcohol education programs promoting traffic safety, and programs or projects directed toward judicial training. Proposals for projects that enhance the development and implementation of innovative programs to combat impaired driving are also solicited. (2) Occupant Protection. Programs directed at decreasing injuries and deaths attributed to the lack of safety belt and child restraint usage such as surveys to determine usage rates and to identify high- risk non-users, comprehensive programs to promote correct usage of child safety seats and other occupant restraints, enforcement of safety belt ordinances or laws, specialized training (i.e. Operation Kids, Traffic Occupant Protection Strategies, and Standardized Child Passenger Safety Technician), and evaluations. (3) Traffic Records. Programs to help tribes develop or update electronic traffic records systems which will assist with analysis of crash information, causal factors, and support joint efforts with other agencies to improve the tribe's traffic records system. Project Guidelines BIA will send information packets to the Tribal Leader of each federally-recognized Indian tribe by the end of January of each program year. Upon receiving the information packet, each tribe, to be eligible, must prepare a [[Page 21037]] proposed project based on the following guidelines: (1) Program Planning. Program will be based upon the highway safety problems identified and the goals/objectives measures selected by the tribe. (2) Problem Identification. Highway traffic safety problems will be based upon accurate tribal data. This data should show problems and/or trend analysis and should be available in tribal enforcement and traffic crash records. The data must accompany the proposal. (3) Countermeasures Selection. Once tribal traffic safety problems are identified, appropriate countermeasures to solve or reduce the problem(s) must be identified. (4) Objectives/Performance Measures. List of objectives and measurable goals, within the National Priority Program Areas, based on highway safety problems identified by the tribe, must be included in each proposal, expressed in clearly defined, time-framed, and measurable terms. Performance indicators that enable the Indian Highway Safety Program (IHSP) to track progress, from a specific baseline, must accompany each goal. Performance measures should be aggressive but attainable. (5) Line Item Budget. The activities to be funded must be outlined in detail according to the following object groups: personnel services; travel and training, operating costs and equipment. Because of limited funding, this office will limit indirect costs to a maximum of 15 percent; however, all tribes applying for grants must attach a copy of the tribe's indirect cost rate to the application. (6) Evaluation Plan. Evaluation is the process of determining whether a highway safety activity has accomplished its objectives. The tribe must include in the funding request a plan explaining how the evaluation will be accomplished and identifying the criteria to be used in measuring performance. (7) Technical Assistance. In order to provide technical assistance and ensure that NHTSA regulations are met, the BIA Indian Highway Safety Program requests that each tribe applying for a grant, attach a letter on tribal stationary, requesting that the program use a small portion of the grant funds for program oversight. [Note: Signing a letter authorizing the BIA Indian Highway Safety Program to use a small amount of funds for program oversight will not decrease the amount of funds that will be authorized for any tribal program.] (8) Project Length. The traffic safety program is designed primarily as the source of invention and motivation. This program is not intended for financially supporting continuing operations. (9) Certification Regarding Drug-Free Workplace Requirement. Indian tribes receiving highway safety grants through the Indian Highway Safety Program must certify that they will maintain a drug-free workplace. (10) Certification Regarding Lobbying. Indian tribes receiving highway safety grants through the Indian Highway Safety Program must certify that they will not use any of the direct funds to pay for, by or on behalf of the tribe, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. [Note: None of the funds under this program can be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.] Submission Deadline Each tribe must send its funding request to the BIA IHSP offices in Albuquerque, New Mexico. The Indian Highway Safety Program must receive the request by close of business May 1 of each program year. Selection Criteria Each funding request will be reviewed and evaluated by the BIA Indian Highway Safety Program staff and a designated selection committee. Each member, by assigning points to the following five criteria, will rank each of the proposals based on the following criteria: Criteria (1), the strength of the Problem Identification based on verifiable, current and applicable documentation of the traffic safety problem (40 points maximum). Criteria (2), the quality of the proposes solution plan based on aggressive but attainable Performance Measures, time-framed action plan, cost eligibility, amount, if any, of in-kind funding/support provided by the tribe, and necessity and reasonableness of the budget (30 points maximum). Criteria (3), details on how the tribe will evaluate and show progress on its performance measures regarding the Evaluation component (20 points maximum). Criteria (4), documentation in support of the submitting tribe's qualification, commitment and community involvement in traffic safety should be included (10 points maximum). Criteria (5), tribes are eligible for bonus points (up to 10 extra points) if all reporting requirements have been met in previous years. Notification of the Selection Those tribes selected to participate will be notified by letter. Upon notification, each tribe selected must provide a duly authorized tribal resolution. The certification and resolution must be on file before grants funds can be expended or reimbursed by the tribe. Notification of Non-Selection The Program Administrator will notify each tribe of non-selection. Uniform Administrative Requirements for Grant-in-Aid Uniform grant administration procedures have been established on a national basis of all grant-in-aid programs by DOT. NHTSA under 49 CFR part 18, ``Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government.'' NHTSA and FHWA have codified uniform procedures for State Highway Safety Programs in 23 CFR parts 1200, 1205 and 1251. OMB Circular A-87 and the ``Highway Safety Grant Funding Policy for NHTSA/FHWA Field Administered Grants'' are the established cost principles applicable to grants and contracts through BIA and with tribal governments. It is the responsibility of the BIA Indian Highway Safety Program office to establish operating procedures consistent with the applicable provisions of these rules. Standards for Financial Management System Tribal financial systems must provide: (1) Current and complete disclosure of project actions; (2) Accurate and timely record keeping; (3) Accountability and control of all grant funds and equipment; (4) Comparison of actual expenditures with budgeted amounts; and (5) Documentation of accounting records. [[Page 21038]] Auditing of Highway Safety Projects will be included in the Tribal A-133 single audit requirement. Tribes will provide monthly program status reports and a corresponding reimbursement claim to the Coordinator, BIA Indian Highway Safety Program, 1011 Indian School, Suite 331, Albuquerque, New Mexico 87104. These documents will be submitted no later than 10 working days beyond the reporting month. Project Monitoring During the program year, it is the responsibility of the BIA IHSP office to review the implementation of tribal traffic safety plans and programs, monitor the progress of their activities and expenditures and provide technical assistance as needed. This assistance may be on-site, by telephone and/or a review of monthly progress claims. Project Evaluation BIA will conduct an annual performance evaluation for each Highway Safety Project. The evaluation will measure the actual accomplishments to the planned activity. BIA IHSP staff will evaluate the project on- site at the discretion of the Indian Highway Safety Program Administrator. Dated: April 7, 2006. Michael D. Olsen, Acting Principal Deputy Assistant Secretary--Indian Affairs. [FR Doc. E6-6026 Filed 4-21-06; 8:45 am] BILLING CODE 4310-5h-P

usgpo

2024-10-08T14:08:34.768624

FR

FR-2006-04-24/E6-6063

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21038] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6063] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK-964-1410-HY-P; AA-8103-5] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. ----------------------------------------------------------------------- SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Doyon, Limited, for lands located within Secs. 3 and 10, T. 30 N., R. 54 W., Seward Meridian, Alaska, in the vicinity of Shageluk, Alaska. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until May 24, 2006 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, 13, Anchorage, Alaska 99513-7599. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at [email protected]. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Barbara Opp Waldal, Land Law Examiner, Branch of Adjudication II. [FR Doc. E6-6063 Filed 4-21-06; 8:45 am] BILLING CODE 4310-$$-P

usgpo

2024-10-08T14:08:34.801990

FR

FR-2006-04-24/E6-6065

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21038] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6065] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK 964-1410-HY-P; F-14889-A] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. ----------------------------------------------------------------------- SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to MTNT, Ltd., Successor in Interest to Chamai, Incorporated, for lands in the vicinity of McGrath, Alaska, and located in: Seward Meridian, Alaska T. 31 N., R. 34 W., Secs. 4, 5, 7, and 8; Secs. 16 to 21, inclusive; Secs. 28 to 31, inclusive. Containing 7,143.14 acres. T. 32 N., R. 34 W., Secs. 21 and 22; Secs. 26, 33, and 34. Containing 1,684.13 acres. T. 31 N., R. 35 W., Secs. 12, 13, and 14; Secs. 23, 24, and 25; Secs. 35 and 36. Containing 1,835.93 acres. Aggregating 10,663.20 acres. Notice of the decision will also be published four times in the Fairbanks Daily News-Miner. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until May 24, 2006 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, 13, Anchorage, Alaska 99513-7599. FOR FURTHER INFORMATION, CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at [email protected]. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Eileen Ford, Land Law Examiner, Branch of Adjudication II. [FR Doc. E6-6065 Filed 4-21-06; 8:45 am] BILLING CODE 4310-$$-P

usgpo

2024-10-08T14:08:34.818240

FR

FR-2006-04-24/E6-6062

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21038-21039] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6062] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-921-06-1320-EL; COC 69822] Notice of Invitation for Coal Exploration License Application, Western Fuels-Colorado, LLC. COC 69822; Colorado AGENCY: Bureau of Land Management, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Mineral Leasing Act of February 25, 1920, as amended, and to Title 43, Code of Federal Regulations, subpart 3410, members of the public are hereby invited to participate with Western Fuels-Colorado, LLC, in a program for the exploration of unleased coal deposits owned by the United States of America containing approximately 10,810.40 acres in Montrose County, Colorado. DATES: Written Notice of Intent to Participate should be addressed to the [[Page 21039]] attention of the following persons and must be received by them by May 24, 2006. ADDRESSES: Karen Zurek, CO-921, Solid Minerals Staff, Division of Energy, Lands and Minerals, Colorado State Office, Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215; and, Murari Threstha, Western Fuels-Colorado, LLC, P.O. Box 33424, Denver, Colorado 80233-3424. FOR FURTHER INFORMATION, CONTACT: Karen Zurek at (303) 239-3795. SUPPLEMENTARY INFORMATION: The application for coal exploration license is available for public inspection during normal business hours under serial number COC 69822 at the Bureau of Land Management, Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215, and at the Uncompahgre Field Office, 2505 South Townsend Avenue, Montrose, Colorado 81401. Any party electing to participate in this program must share all costs on a pro rata basis with Western Fuels-Colorado, LLC, and with any other party or parties who elect to participate. Dated: March 17, 2006. Karen Zurek, Solid Minerals Staff, Division of Energy, Lands and Minerals. [FR Doc. E6-6062 Filed 4-21-06; 8:45 am] BILLING CODE 4310-JB-P

usgpo

2024-10-08T14:08:34.842640

FR

FR-2006-04-24/06-3844

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21039-21040] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3844] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management DEPARTMENT OF AGRICULTURE Forest Service [CA 668 -05-1783-PG--083A] Notice of Call for Nominations for Appointment, Santa Rosa and San Jacinto Mountains National Monument Advisory Committee AGENCIES: Bureau of Land Management, Interior; Forest Service, Agriculture. ACTION: Notice of call for nominations for appointment or re- appointment of representatives, and an equal number of alternates, to occupy five positions on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee. ----------------------------------------------------------------------- SUMMARY: This notice constitutes an open call to the public to submit nomination applications for each of the following positions on the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee: Representative for the City of Palm Springs; Representative for a local developer or builder organization; Representative for the City of La Quinta; Representative for a local conservation organization; and Representative for the California Department of Fish and Game or the California Department of Parks and Recreation. DATES: Nomination applications must be submitted to the address listed below no later than 90 days after the date of publication of this notice in the Federal Register. ADDRESSES: Santa Rosa and San Jacinto Mountains National Monument, c/o Bureau of Land Management, Palm Springs-South Coast Field Office, Attn: National Monument Manager, Advisory Committee Nomination Application, P.O. Box 581260, North Palm Springs, California 92258-1260. FOR FURTHER INFORMATION CONTACT: Frank Mowry, Writer-Editor, Santa Rosa and San Jacinto Mountains National Monument, telephone (760) 251-4822; facsimile message (760) 251-4899; e-mail [email protected]. SUPPLEMENTARY INFORMATION: In accordance with the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Pub. L. 106-351), the Secretary of the Interior and the Secretary of Agriculture have jointly established an advisory committee for the Santa Rosa and San Jacinto Mountains National Monument under the provisions of the Federal Advisory Committee Act. The purpose of the National Monument Advisory Committee (MAC) is to advise the Secretaries with respect to implementation of the National Monument Management Plan. The MAC holds public meetings several times throughout the year. The Designated Federal Officer (DFO), or his/her designee, may convene additional meetings as necessary. All MAC members are volunteers serving without pay, but will be reimbursed for travel and per diem expenses at the current rates for government employees in accordance with 5 U.S.C. 5703, when appropriate. Appointments for individuals currently serving in the aforementioned positions will expire March 16, 2007. Members will be appointed to serve a 3-year term. All applicants must be citizens of the United States. Members are appointed by the Secretary of the Interior with concurrence by the Secretary of Agriculture. Applicants must be qualified through education, training, knowledge, or experience to give informed advice regarding an industry, discipline, or interest specified in the Committee's charter; they must have demonstrated experience or knowledge of the geographical area in which the National Monument is located; and must have demonstrated a commitment to collaborate in seeking solutions to a wide spectrum of resource management issues. There is no limit to the number of nomination applications which may be submitted for each open appointment. Current MAC appointees may submit an updated nomination application for re-appointment. Any individual may nominate himself or herself for appointment. Completed nomination applications should include letters of reference and/or recommendations from the represented interests or organizations, and any other information explaining the nominee's qualifications (e.g., resume, curriculum vitae). Nomination application packages are available at the Bureau of Land Management Palm Springs-South Coast Field Office, 690 West Garnet Avenue, North Palm Springs, California; through the Santa Rosa and San Jacinto Mountains National Monument Web pages at http://www.blm.gov/ca/palmsprings/santarosa/mac-nominations.html; via telephone request at (760) 251-4800, or facsimile message at (760) 251-4899; by written request from the Santa Rosa and San Jacinto Mountains National Monument Manager at the following address: Santa Rosa and San Jacinto Mountains National Monument, c/o Bureau of Land Management, Palm Springs-South Coast Field Office, Attn: National Monument Manager, Advisory Committee Nomination Application Request, P.O. Box 581260, North Palm Springs, California 92258-1260; or through an e-mail request at [email protected]. Each application package includes forms from the U.S. Department of Agriculture and U.S. Department of the Interior. All submitted nomination applications become the property of the Department of the Interior, Bureau of Land Management, Santa Rosa and San Jacinto Mountains National Monument, and will not be returned. Nomination applications are good only for the current open public call for nominations. [[Page 21040]] Dated: March 3, 2006. Gail Acheson, Field Manager, Palm Springs-South Coast Field Office, Bureau of Land Management. Dated: March 3, 2006. Laurie Rosenthal, District Ranger, San Jacinto Ranger District, San Bernardino National Forest, USDA Forest Service. Dated: March 3, 2006. James Foote, Acting Monument Manager, Santa Rosa and San Jacinto Mountains, National Monument. [FR Doc. 06-3844 Filed 4-21-06; 8:45 am] BILLING CODE 4310-40-P

usgpo

2024-10-08T14:08:34.856957

FR

FR-2006-04-24/E6-6060

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21040] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6060] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR 110 5882 PH MJ99; HAG06-0104] Notice of Meetings AGENCY: Medford District, Bureau of Land Management, Department of the Interior. ACTION: Notice of Bureau of Land Management, Medford District Resource. Advisory Committee meeting as identified in section 205(f)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000, Public Law 106-393. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management Medford District Resource Advisory Committee will meet in Medford, Oregon to tour project sites and to discuss proposed 2007 projects, pursuant to Public Law 106-393. Agenda topics include on-site inspections of previous projects and proposed 2007 projects, review of last meeting minutes, presentations on proposed fiscal year 2007 Title II projects, and discussion regarding proposed projects. DATES: See SUPPLEMENTARY INFORMATION section for meeting dates. ADDRESSES: The field trips will start from, and the meetings will be held at, the Bureau of Land Management Medford District Office, located at 3040 Biddle Road, Medford, Oregon. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Medford District, Patty Burel at (541-618-2424), e-mail: [email protected]. SUPPLEMENTARY INFORMATION: The field trip dates are: 1. June 15, 2006, 7 a.m. to 4 p.m. 2. June 22, 2006, 7 a.m. to 4 p.m. The meeting dates are: 1. July 13, 2006, 9 a.m. to 4 p.m. 2. July 20, 2006, 9 a.m. to 4 p.m. A public comment period will be held from 2:00 p.m. to 2:30 p.m. on July 13 and July 20, 2006. Authority: 43 CFR subpart 1784/Advisory Committees. Timothy R. Reuwsaat, District Manager, Medford. [FR Doc. E6-6060 Filed 4-21-06; 8:45 am] BILLING CODE 4310-33-P

usgpo

2024-10-08T14:08:34.875601

FR

FR-2006-04-24/E6-6079

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21040-21041] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6079] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-559] In the Matter of Certain Digital Processors and Digital Processing Systems, Components Thereof, and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') granting complainant's motion to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on January 9, 2006, based on a complaint filed by Biax Corporation (``Biax'') of Boulder, Colorado. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital processors or digital processing systems, components thereof, or products containing the same by reason of infringement of various claims of United States Patent Nos. 5,021,945, 5,517,628, and 6,253,313. The complaint originally named four respondents: Philips Semiconductors B.V. of the Netherlands; Philips Consumer Electronics Services B.V. of the Netherlands; Philips Consumer Electronics North America Corp. of Atlanta, Georgia; and 2Wire, Inc. of San Jose, California. Biax previously amended the complaint and notice of investigation in order to remove respondent Philips Consumer Electronics North America Corp. and to add Philips Electronics North America Corp. 71 FR 17136 (April 5, 2006). On March 9, 2006, Biax moved to amend the complaint and notice of investigation in order to remove respondent Philips Consumer Electronics Services B.V. and to add Philips Semiconductors, Inc. of San Jose, California, and Philips Consumer Electronics B.V. of the Netherlands. Biax stated that it had recently learned that Philips Consumer Electronics Services B.V. is a dormant entity that has not imported into the United States, sold, or offered for sale any of the accused products. In addition, Biax stated that it had recently learned that Philips Semiconductors, Inc. imports and sells the accused products in the United States and that Philips Consumer Electronics B.V. manufactures consumer products that contain the accused products and sells them in the United States. None of the current respondents nor the Commission investigative attorney opposed Biax's motion. On March 27, 2006, the ALJ issued an ID granting Biax's motion to amend the complaint and notice of investigation. The ALJ found that, pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), there was good cause to amend the complaint and notice of investigation in order to remove respondent Philips Consumer Electronics Services B.V. and to add Philips Semiconductors, Inc. and Philips Consumer Electronics B.V. No petitions for review of the ID were filed. Having examined the record of this investigation, the Commission has determined not to review the ALJ's ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). [[Page 21041]] Issued: April 18, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-6079 Filed 4-21-06; 8:45 am] BILLING CODE 7020-02-P

usgpo

2024-10-08T14:08:34.894974

FR

FR-2006-04-24/E6-6028

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21041] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6028] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-860 (Review)] Tin- and Chromium-Coated Steel Sheet from Japan AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject review. ----------------------------------------------------------------------- DATES: Effective Date: April 17, 2006. FOR FURTHER INFORMATION CONTACT: Olympia Hand (202-205-3182) or Douglas Corkran (202-205-3057), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this review may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective December 2, 2005, the Commission established a schedule for the conduct of the subject full review (70 FR 73027, December 8, 2005). Subsequently, counsel on behalf of the Japanese respondents requested that the Commission postpone its deadline for the filing of posthearing briefs by two days, citing communication difficulties arising from multiple national holidays in Japan during the period between the Commission's hearing and the due date for posthearing briefs.\1\ No party to the review objected to the requested postponement. The Commission, therefore, is revising its schedule to incorporate this and related changes to the schedule of the review. --------------------------------------------------------------------------- \1\ Correspondence of April 7, 2006, from Willkie Farr & Gallagher LLP. --------------------------------------------------------------------------- The Commission's new schedule for the review is as follows: the deadline for filing posthearing briefs is May 10, 2006; the Commission will make its final release of information on June 6, 2006; and final party comments are due on June 8, 2006. For further information concerning this review see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. Issued: April 17, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-6028 Filed 4-21-06; 8:45 am] BILLING CODE 7020-02-P

usgpo

2024-10-08T14:08:34.905200

FR

FR-2006-04-24/06-3904

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21041] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3904] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [USITC SE-06-027] Sunshine Act Meeting Agency Holding the Meeting: United States International Trade Commission. Time and Date: April 26, 2006 at 3 p.m. Place: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000. Status: Open to the public. Matters To Be Considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-1091 (Final) (Artists' Canvas from China)-- briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before May 8, 2006.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: April 19, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06-3904 Filed 4-21-06; 9:12 am] BILLING CODE 7020-02-U?>

usgpo

2024-10-08T14:08:34.927410

FR

FR-2006-04-24/E6-6093

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21041-21042] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6093] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,663] Classic Print Products, Inc., Burlington, NC; Notice of Revised Determination on Reconsideration By letter dated March 15, 2006, a company official requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm. On April 12, 2006, a Notice of Dismissal of Application for Reconsideration was issued, stating that the application did not contain new information supporting a conclusion that the determination was erroneous and did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. The petition, filed on behalf of workers at the subject firm producing sublimated printed paper, asserted that production of sublimated printed paper had shifted abroad. The denial, issued on March 1, 2006, was based on the findings that neither the subject firm nor surveyed customers imported sublimation printed paper during the relevant period and that the subject firm did not shift production abroad during the investigation period. The Department's Notice of determination was published in the Federal Register on March 24, 2006 (70 FR 14954). Upon receipt of new information by the company official regarding the article produced at the subject firm, the Department conducted an investigation to determine whether the subject worker group is eligible to apply for worker adjustment assistance as provided by the Trade Act of 1974, as amended. The new information indicated that the subject firm used sublimated printed paper as a medium to transfer ink graphics onto substrates. The substrates were then incorporated into the customer's final products (water boards and snow boards). The investigation revealed that the subject firm supplied component parts (substrates) and a loss of business with a manufacturer of water boards and snow boards whose workers were certified eligible to apply for adjustment assistance contributed importantly to the separation or threat of separation of workers at Classic Print Products, Inc., Burlington, North Carolina. [[Page 21042]] In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the information obtained in the reconsideration investigation, I determine that workers of Classic Print Products, Inc., Burlington, North Carolina qualify as adversely affected secondary workers under section 222 of the Trade Act of 1974, as amended. In accordance with the provisions of the Act, I make the following certification: All workers of Classic Print Products, Inc., Burlington, North Carolina, who became totally or partially separated from employment on or after January 17, 2005 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC this 17th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6093 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:34.945994

FR

FR-2006-04-24/E6-6098

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21042] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6098] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,153] IBM Corporation; Somers, NY; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on September 22, 2003, in response to a petition filed on behalf of workers at IBM Corporation, Somers, New York. The petition regarding the investigation has been deemed invalid. In order to establish a valid petition, there must be at least three workers to sign the petition. The petition in this case did not meet this threshold number. Consequently, the investigation has been terminated. Signed at Washington, DC this 7th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6098 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

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2024-10-08T14:08:34.967619

FR

FR-2006-04-24/E6-6100

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21042] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6100] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,163] Lending Textile Company Inc., Williamsport, PA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 5, 2006 in response to a petition filed by a company official on behalf of workers at Lending Textile Company Inc., Williamsport, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 10th day of April, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6100 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

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2024-10-08T14:08:34.993911

FR

FR-2006-04-24/E6-6094

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21042] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6094] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,808] Lexmark International, Inc, Supply Chain Workforce, Printing Solutions & Services Division, Lexington, KY; Notice of Affirmative Determination Regarding Application for Reconsideration By application of March 25, 2006, a petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The Department's notice of determination was signed on February 24, 2006, and published in the Federal Register on March 22, 2006 (71 FR 14550). The petitioner stated in the request for reconsideration that the worker group supported the production of components (ink and printer cartridges) of articles produced by the subject firm (printers). The petitioner also inferred that support activities were shifted overseas when production shifted abroad. The Department has carefully reviewed the request for reconsideration and has determined that the Department will conduct further investigation based on new information provided by the petitioner and the company official. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 13th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6094 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.012267

FR

FR-2006-04-24/E6-6097

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21042] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6097] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,019] McCormick International USA, Inc., Pella, IA; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 14, 2006 in response to a petition filed by a Texas Workforce Commission representative on behalf of workers of McCormick International USA, Inc., Pella, Iowa. The petition has been deem invalid. A state agency representative cannot file a TAA petition on behalf of workers of a firm located in another state. Consequently, further investigation would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 11th day of April 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6097 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

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2024-10-08T14:08:35.025265

FR

FR-2006-04-24/E6-6091

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21043] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6091] [[Page 21043]] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-54,254] Newstech NY Inc, Deferiet, NY; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on April 27, 2004, applicable to workers of Newstech NY Inc, Deferiet, New York. The workers are engaged in employment related to the production of upholstery fabrics. New information provided by the petitioners indicates their intention was to apply for all available Trade Act benefits at the time of the filing. Therefore, the Department has made a decision to investigate further to determine if the workers are eligible to apply for Alternative Trade Adjustment Assistance. The investigation revealed that a significant number of workers of the subject firm are age 50 or over, workers have skills that are not easily transferable, and conditions in the industry are adverse. Review of this information shows that all eligibility criteria under Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended have been met for workers at the subject firm. Accordingly, the Department is amending the certification to reflect its finding. The amended notice applicable to TA-W-54,254 is hereby issued as follows: ''All workers of Newstech NY Inc, Deferiet, New York, who became totally or partially separated from employment on or after February 11, 2003 through April 27, 2006, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974 and are also eligible to apply for Alternative Trade Adjustment Assistance under Section 246 of the Trade Act of 1974.'' Signed at Washington, DC this 12th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6091 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.055129

FR

FR-2006-04-24/E6-6092

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21043] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6092] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,569] OBG Distribution Company, Ltd., Celina, Tennessee; Notice of Affirmative Determination Regarding Application for Reconsideration By letter dated February 21, 2006, a petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The denial notice was signed on February 7, 2006, and published in the Federal Register on March 2, 2006 (71 FR 10716). The investigation revealed that the petitioning workers of this firm or subdivision do not produce an article within the meaning of section 222 of the Act. The Department reviewed the request for reconsideration and has determined that the petitioner has provided additional information. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 14th of April, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6092 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.074084

FR

FR-2006-04-24/E6-6095

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21043-21045] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6095] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA-W) number issued during the periods of April 2006. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of section 222(b) of the Act must be met. [[Page 21044]] (1) Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) Either-- (A) The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or (B) A loss of business by the workers' firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers' separation or threat of separation. Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of (a)(2)(A) (increased imports) of Section 222 have been met, and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-58,881; Paris Accessories, New Smithville, PA: February 21, 2005. TA-W-58,881A; Paris Accessories, Allentown, PA: February 21, 2005. TA-W-59,041; Kidde Fire Fighting, Division of UTC Fire and Security, Leased Wkrs of Augmentation, Manpower, Ranson, WV: March 14, 2005. TA-W-59,103; Ceramo Company, Inc., Jackson, MO: March 27, 2005. TA-W-59,106; Barcoview, Printed Circuit Boards and Video Displays, Duluth, GA: March 23, 2005. TA-W-59,140; MRC Industrial Group, Warren, MI: March 30, 2005. TA-W-59,148; Valkyrie Co. (The), Worchester, MA: March 29, 2005. TA-W-58,924; Miller Desk, Inc., High Point, NC. February 3, 2005. TA-W-58,833; Greenpak, Inc., Florence South Carolina Div., Leased Wkrs of CMS, Olsten, Mega Force and Kel, Florence, SC: February 9, 2005. TA-W-58,833A; Greenpak, Inc., Parkersburg, WV: February 9, 2005. TA-W-58,949; WWG Company, LLC, Leased Wkrs of Sizemore Staffing Services, Warrenton, GA: March 2, 2005. TA-W-58,950; Atlantic Luggage Company, Ellwood City, PA: March 2, 2005. TA-W-58,973; Arcona Leather Technologies, LLC, also known as JP Leather/Arcona Division, Hudson, NC: February 24, 2005. TA-W-58,976; Berkshire Weaving Corp., Lancaster, SC: March 1, 2005. TA-W-58,980; Stora Enso North America, Stevens Point Paper Mill, Stevens Point, WI: March 7, 2005. TA-W-58,998; Action Apparel, Inc., On-Site Leased Workers of Enterprise, Ramer, TN: March 10, 2005. TA-W-59,002; Visa Jewelry Corporation, On-Site Leased Workers of Temp Depot, Central Falls, RI: March 1, 2005. TA-W-59,008; Mr. LongArm, Inc., Greenwood, MO: March 10, 2005. TA-W-59,048; National Bedding Co., A Division of Serta Mattress, Linden, NJ: March 1, 2005. TA-W-59,058; Jeffco Enterprises, Hildebran, NC: March 17, 2005. The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222 and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-58,960; Lesaffre Yeast Corp., Red Star Yeast Facility, A Division of Lesaffre International Corp., Milwaukee, WI: February 28, 2005. TA-W-59,093; Dana Corporation, Fluid Routing Products, On-Site Leased Workers of Manpower, Paris, TN: March 27, 2005. TA-W-59,028; General Electric Newark Quartz, A Division of General Electric, Hebron, OH: February 28, 2005. TA-W-59,169; Moore Wallace, An RR Donnelley Co., Pre-Press Department, Nacogdoches, TX: March 30, 2005. The following certification has been issued. The requirement of supplier to a trade certified firm and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-59,120; Rabun Apparel, Inc., Division of Fruit of the Loom, Rabun Gap, GA: March 25, 2005. TA-W-59,187; Terrell Brothers Manufacturing Co., Denton, NC: March 12, 2005. The following certification has been issued. The requirement of downstream producer to a trade certified firm and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA-W-59,156; Clover Yarn, Inc., Leased Workers of Debbie's Staffing Services, Clover, VA: April 3, 2005. Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. TA-W-58,846; Alrs, Inc., dba Guilcraft of California, Rancho Dominquez, CA. TA-W-59,126; OTR Wheel Engineering, Inc., Quincy, IL. The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (shift in production to a foreign country) have not been met. None The investigation revealed that criteria (a)(2)(A)(I.C.)(increased imports) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. TA-W-58,651; Sheppard Frames, Inc., Thomasville, NC. TA-W-58,827; Stucki Embroidery Works, Inc., Fairview, NJ. TA-W-58,919; Western Textile Products Company, Piedmont, SC. TA-W-58,923; Kadant Black Clawson, Inc., A Subsidiary of Kadant, Inc., Rayville, LA. TA-W-58,943; Rexnord Industries, Inc., Coupling Group, Warren, PA. TA-W-58,958; Alcan Global Pharmaceutical Packaging, Plastic Americas Division, Centralia, IL. TA-W-59,005; Leggett and Platt, Eastern Division, York, PA. The investigation revealed that criteria (a)(2)(A)(I.C.)(Increased imports and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. TA-W-58,926; Triangle Suspension Systems, Steel Leaf Springs, Dubois, PA. TA-W-58,955; Sony Magnetic Products, Inc. of America, Recorded Media Division, Dothan, AL. The workers firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. TA-W-58,926A; Triangle Suspension Systems, Packaging Division, Dubois, PA. TA-W-59,007; Professional Distribution Services, Inc., A Division of the Lester Group, Martinsville, VA. [[Page 21045]] TA-W-59,046; GE Aviation Engine Services, West Coast Operations, Ontario Plant #1, Ontario, CA. TA-W-59,066; Maine Neurology, Scarborough, ME. TA-W-59,099; Delta Airlines, Inc, Delta Technical Operations Group, Atlanta, GA. TA-W-59,141; AT & T Consumer Services, Subdivision of AT&T Corporation, Fairhaven, MA. The investigation revealed that criteria (2) has not been met. The workers firm (or subdivision) is not a supplier or downstream producer to trade-affected companies. None. Affirmative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determinations. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have been met. I. Whether a significant number of workers in the workers' firm are 50 years of age or older. II. Whether the workers in the workers' firm possess skills that are not easily transferable. III. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. In the following cases, it has been determined that the requirements of Section 246(a)(3)(ii) have not been met for the reasons specified. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. TA-W-58,846; Alrs, Inc., dba Guilcraft of California, Rancho Dominquez, CA. TA-W-59,126; OTR Wheel Engineering, Inc., Quincy, IL. TA-W-58,651; Sheppard Frames, Inc., Thomasville, NC. TA-W-58,827; Stucki Embroidery Works, Inc., Fairview, NJ. TA-W-58,919; Western Textile Products Company, Piedmont, SC. TA-W-58,923; Kadant Black Clawson, Inc., A Subsidiary of Kadant, Inc., Rayville, LA. TA-W-58,943; Rexnord Industries, Inc., Coupling Group, Warren, PA. TA-W-58,958; Alcan Global Pharmaceutical Packaging, Plastic Americas Division, Centralia, IL. TA-W-59,005; Leggett and Platt, Eastern Division, York, PA. TA-W-58,926; Triangle Suspension Systems, Steel Leaf Springs, Dubois, PA. TA-W-58,955; Sony Magnetic Products, Inc. of America, Recorded Media Division, Dothan, AL. TA-W-58,926A; Triangle Suspension Systems, Packaging Division, Dubois, PA. TA-W-59,007; Professional Distribution Services, Inc., A Division of the Lester Group, Martinsville, VA. TA-W-59,046; GE Aviation Engine Services, West Coast Operations, Ontario Plant #1, Ontario, CA. TA-W-59,066; Maine Neurology, Scarborough, ME. TA-W-59,099; Delta Airlines, Inc, Delta Technical Operations Group, Atlanta, GA. TA-W-59,141; AT& T Consumer Services, subdivision of AT&T Corporation, Fairhaven, MA. The Department has determined that criterion (1) of Section 246 has not been met. Workers at the firm are 50 years of age or older. TA-W-58,973; Arcona Leather Technologies, LLC, also known as JP Leather/Arcona Division, Hudson, NC. The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. TA-W-59,103; Ceramo Company, Inc., Jackson, MO. TA-W-58,924; Miller Desk, Inc., High Point, NC. TA-W-59,093; Dana Corporation, Fluid Routing Products, On-Site Leased Workers of Manpower, Paris, TN. TA-W-59,156; Clover Yarn, Inc., Leased Workers of Debbie's Staffing Services, Clover, VA. The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. None I hereby certify that the aforementioned determinations were issued during the month of April 2006. Copies of These determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: April 17, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-6095 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.083712

FR

FR-2006-04-24/E6-6096

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21045] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6096] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,921] Tawas Resources; Tawas City, MI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 1, 2006 in response to a petition filed by a company official on behalf of workers at Tawas Resources, Tawas City, Michigan. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 10th of April, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6096 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.097635

FR

FR-2006-04-24/E6-6099

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21045-21046] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6099] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,154] TRW Automotive, Sterling Plant, Sterling Heights, MI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 5, 2006 in response to a worker petition filed by a company official on behalf of workers at TRW Automotive, Sterling Plant, Sterling Heights, Michigan. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. [[Page 21046]] Signed at Washington, DC this 12th day of April, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6099 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

usgpo

2024-10-08T14:08:35.123885

FR

FR-2006-04-24/E6-6080

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21046] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6080] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Proposed Collection for the ETA 191, Statement of Expenditures and Financial Adjustments of Federal Funds for Unemployment Compensation for Federal Employees and Ex-Servicemembers; Comment Request ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration, Office of Workforce Security is soliciting comments concerning the proposed extension of the collection for the ETA 191, Statement of Expenditures and Financial Adjustments of Federal Funds for Unemployment Compensation for Federal Employees and Ex-Servicemembers. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: http://www.doleta.gov/Performance/guidance/OMBControlNumber.cfm. DATES: Written comments must be submitted to the office listed in the addressee section below on or before June 23, 2006. ADDRESSES: Thomas Stengle, U.S. Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue, NW., Washington, DC 20210, Phone:(202)693-2991 (This is not a toll-free number), Fax: (202) 693-2874, e-mail: [email protected]. SUPPLEMENTARY INFORMATION: I. Background Public Law 97-362, Miscellaneous Revenue Act of 1982, amended the Unemployment Compensation for Ex-Servicemembers (UCX) law (5 U.S.C. 8509), and Public Law 96-499, Omnibus Budget Reconciliation Act, amended the Unemployment Compensation for Federal Employees (UCFE) law (5 U.S.C. 8501, et. seq.) requiring each Federal employing agency to pay the costs of regular and extended UCFE/UCX benefits paid to its employees by the State Workforce Agencies (SWAs). The ETA 191 report submitted quarterly by each SWA shows the amount of benefits that should be charged to each Federal employing agency. The Office of Workforce Security uses this information to aggregate the SWA quarterly charges and submit one official bill to each Federal agency being charged. Federal agencies then reimburse the Federal Employees Compensation (FEC) Account maintained by the U.S. Treasury. II. Review Focus The Department of Labor is particularly interested in comments which: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; Enhance the quality, utility, and clarity of the information to be collected; and Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions Type of Review: Regular. Agency: Employment and Training Administration Title: Statement of Expenditures and Financial Adjustments of Federal Funds for Unemployment Compensation for Federal Employees and Ex-Servicemembers (UCFE/UCX) OMB Number: 1205-0162. Agency Form Number: ETA 191. Affected Public: State Government. Total Respondents: 53. Estimated Total Burden Hours: 212. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/maintaining): $0. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: April 11, 2006. Cheryl Atkinson, Administrator, Office of Workforce Security. [FR Doc. E6-6080 Filed 4-21-06; 8:45 am] BILLING CODE 4510-30-P

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2024-10-08T14:08:35.146119

FR

FR-2006-04-24/06-3888

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21046-21048] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3888] ======================================================================= ----------------------------------------------------------------------- LEGAL SERVICES CORPORATION Sunshine Act Meetings of the Board of Directors and Four of the Board's Committees Times and Dates: The Legal Services Corporation Board of Directors and four of its Committees will meet April 28 and 29, 2006 in the order set forth in the following schedule, with each subsequent meeting commencing shortly after adjournment of the prior meeting. Meeting Schedule ------------------------------------------------------------------------ Time ------------------------------------------------------------------------ Friday, April 28, 2006: 1. Provision for the Delivery of Legal 1:30 p.m. Services Committee (``Provisions Committee''). 2. Operations & Regulations Committee.... Saturday, April 29, 2006: 1. Performance Reviews Committee....... 8:30 a.m. 2. Finance Committee................... 3. Board of Directors.................. ------------------------------------------------------------------------ Location: The Chase Park Plaza Hotel, 212-232 N. Kingshighway Boulevard, St. Louis, Missouri. Status of Meetings: Open, except as noted below. Status: April 29, 2006 Performance Reviews Committee Meeting--Closed. The meeting of the Performance Reviews Committee may be closed to the public pursuant to a vote of the Board of Directors authorizing the Committee to meet in executive session to consider and act on the annual performance review of the Inspector General. The closing will be authorized by the relevant provision(s) of the [[Page 21047]] Government in the Sunshine Act [5 U.S.C. 552b(c)(6)] and the Legal Services Corporation's corresponding regulation, 45 CFR 1622.5(e). A copy of the General Counsel's Certification that the closing is authorized by law will be available upon request. Status: April 29, 2006 Board of Directors Meeting--Open, except that a portion of the meeting of the Board of Directors may be closed to the public pursuant to a vote of the Board of Directors to hold an executive session. At the closed session, the Board will consider and may act on the General Counsel's report on litigation to which the Corporation is or may become a party, discuss internal procedures with and receive briefings on investigations from the IG,\1\ and consider and may act on the report of the Annual Performance Reviews Committee on the performance review of the Corporation's President and IG. The closing is authorized by the relevant provisions of the Government in the Sunshine Act [5 U.S.C. 552b(c)(10), 552b(c)(2) and 552b(c)(6)] and LSC's implementing regulation 45 CFR 1622.5(h), 1622.5(a) and 1622.5(e). A copy of the General Counsel's Certification that the closing is authorized by law will be available upon request. --------------------------------------------------------------------------- \1\ Any portion of the closed session consisting solely of staff briefings does not fall within the Sunshine Act's definition of the term ``meeting'' and, therefore, the requirements of the Sunshine Act do not apply to such portion of the closed session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 CFR 1622.2 & 1622.3. Matters To Be Considered: Friday, April 28, 2006. Provisions Committee Agenda Open Session 1. Approval of agenda 2. Approval of the Committee's meeting minutes of January 27, 2006 3. Staff report on LSC's PAI strategy development 4. Panel discussion on Private Attorney Involvement in LSC-funded programs Moderator: Karen Sarjeant, LSC Vice President for Programs and Compliance The panel will continue the discussion of private attorney involvement efforts and the opportunities and challenges encountered by legal services offices in effectively utilizing private attorneys in their legal services delivery to eligible clients. Panelists will share their experiences in using Judicare and pro bono models with smaller firms and solo practitioners to deliver legal services in urban and rural service areas. There will be a discussion about the various approaches and models used, and identification of some of the issues, challenges and opportunities of participating in various private attorney involvement models. Panelists will share their thoughts on what can be done to better facilitate and encourage private attorney involvement in LSC-funded programs. Panel Members: Daniel K. Glazier--Executive Director, Legal Services of Eastern Missouri, St. Louis, Missouri Sara E. Strattan--Executive Director, Community Legal Aid Services, Akron, Ohio Adam Burkemper--Burkemper Law Firm LLC, St. Louis, Missouri Thomas Glick--Glick Finley LLC, St. Louis, Missouri 5. Status report by Sarah Singleton, Chairman of the ABA Task Force revising the ABA Standards for Providers of Civil Legal Services to the Poor, on the current status of the revisions 6. Staff update on revision of LSC Performance Criteria 7. Staff update on LSC Leadership Mentoring Pilot Project 8. Public comment 9. Consider and act on other business 10. Consider and act on adjournment of meeting Operations & Regulations Committee Agenda Open Session 1. Approval of agenda 2. Approval of the Open Session minutes of the Committee's January 27, 2006 meeting 3. Approval of the Closed Session minutes of the Committee's January 28, 2006 meeting 4. Consider and act on Draft Notice of Proposed Rulemaking to revise 45 CFR Part 1624, Prohibition Against Discrimination on the Basis of Handicap a. Staff report b. Public comment 5. Consider and act on rulemaking to revise 45 CFR part 1621, Client Grievance Procedure a. Staff report b. Public comment 6. Consideration of other regulations to review 7. Staff report on dormant class action cases 8. Consider and act on other business 9. Other public comment 10. Consider and act on adjournment of meeting Saturday, April 29, 2006. Performance Reviews Committee Agenda Closed Session 1. Approval of agenda 2. Consider and act on annual performance review of LSC Inspector General Meet with Kirt West 3. Consider and act on other business 4. Consider and act on adjournment of meeting Finance Committee Agenda Open Session 1. Approval of agenda 2. Approval of the minutes of the Committee's meeting of January 27, 2006 3. Presentation by the Inspector General of the Fiscal Year 2005 Annual Financial Audit 4. Presentation on LSC's Financial Reports for the first six months of FY 2006 5. Consider and act on revisions to the Consolidated Operating Budget for FY 2006 and recommend Resolution 2006-006 to the full Board 6. Report on FY 2007 appropriations process 7. Consider and act on change of address notification to Diversified Investment Advisers and recommend Resolution 2006-007 to the full Board 8. Consider and act on other business 9. Public comment 10. Consider and act on adjournment of meeting Board of Directors Agenda Open Session 1. Approval of agenda 2. Approval of minutes of the Board's meeting of January 28, 2006 3. Approval of minutes of the Executive Session of the Board's meeting of January 28, 2006 4. Chairman's Report 5. Consider and act on Resolution 2006-004 recognizing Board service of Florentino ``Lico'' Subia 6. Consider and act on Resolution 2006-005 recognizing Board service of Ernestine Watlington 7. Members' Reports 8. President's Report 9. Inspector General's Report 10. Consider and act on the report of the Committee on Provision for the Delivery of Legal Services 11. Consider and act on the report of the Finance Committee [[Page 21048]] 12. Consider and act on the report of the Operations & Regulations Committee 13. Consider and act on Board's meeting schedule for calendar year 2007 14. Consider and act on other business 15. Public comment 16. Consider and act on whether to authorize an executive session of the Board to address items listed below under Closed Session Closed Session 17. Consider and act on the report of the Performance Reviews Committee 18. Consider and act on General Counsel's report on potential and pending litigation involving LSC 19. IG briefing on improvements in corporate governance 20. IG briefing on congressional investigation 21. IG briefing on other investigations 22. Discussion of internal procedures with OIG 23. Consider and act on motion to adjourn meeting Contact Person For Information: Patricia D. Batie, Manager of Board Operations, at (202) 295-1500. Special Needs: Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Patricia D. Batie, at (202) 295-1500. Dated: April 19, 2006. Victor M. Fortuno, Vice President for Legal Affairs, General Counsel & Corporate Secretary. [FR Doc. 06-3888 Filed 4-20-06; 9:04 am] BILLING CODE 7050-01-P

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2024-10-08T14:08:35.162619

FR

FR-2006-04-24/06-3824

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21048] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3824] ======================================================================= ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Proposed Collection; Comment Request for Review of a Revised Information Collection: RI 30-2 AGENCY: Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. RI 30-2, Annuitant's Report of Earned Income, is used annually to determine if disability retirees under age 60 have earned income which will result in the termination of their annuity benefits. Comments are particularly invited on: whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. We estimate 21,000 RI 30-2 forms are completed annually. The RI 30- 2 takes approximately 35 minutes to complete for an estimated annual burden of 12,250 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to [email protected]. Please include a mailing address with your request. DATES: Comments on this proposal should be received within 60 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to Pamela S. Israel, Chief, Operations Support Group, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3349, Washington, DC 20415-3540. For Information Regarding Administrative Coordination Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/ Support Group, (202) 606-0623. U.S. Office of Personnel Management. Linda M. Springer, Director. [FR Doc. 06-3824 Filed 4-21-06; 8:45 am] BILLING CODE 6325-38-P

usgpo

2024-10-08T14:08:35.190626

FR

FR-2006-04-24/06-3825

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21048] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3825] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Proposed Collection; Comment Request for Review of an Existing Information Collection: SF 2803 and SF 3108 AGENCY: Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of an existing information collection. SF 2803, Application to Make Deposit or Redeposit (CSRS), and SF 3108, Application to Make Service Credit Payment for Civilian Service (FERS), are applications to make payment used by persons who are eligible to pay for Federal service which was not subject to retirement deductions and/or for Federal service which was subject to retirement deductions which were subsequently refunded to the applicant. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. In addition to the current Federal employees who will use these forms, we expect to receive approximately 75 filings of each form from former Federal employees per year. This gives us a total of 150 filings. Each form takes approximately 30 minutes to complete. The annual burden is 75 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to [email protected]. Please include a mailing address with your request. DATES: Comments on this proposal should be received within 60 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to Pamela S. Israel, Chief, Operations Support Group, Center for Retirement and Insurance Service, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3349, Washington, DC 20415-3540. For Information Regarding Administrative Coordination Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/ Support Group, (202) 606-0623. U.S. Office of Personnel Management. Linda M. Springer, Director. [FR Doc. 06-3825 Filed 4-21-06; 8:45 am] BILLING CODE 6325-38-P

usgpo

2024-10-08T14:08:35.221075

FR

FR-2006-04-24/06-3826

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21049] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3826] [[Page 21049]] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Proposed Collection; Comment Request for Review of a Revised Information Collection: RI 30-9 AGENCY: Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of a revised information collection. RI 30-9, Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity, informs former disability annuitants of their right to request restoration under title 5, U.S.C. 8337. It also specifies the conditions to be met and the documentation required for a person to request reinstatement. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Approximately 200 forms are completed annually. The form takes approximately 60 minutes to respond, including a medical examination. The annual estimated burden is 200 hours. Burden may vary depending on the time required for a medical examination. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via E-mail to [email protected]. Please include a mailing address with your request. DATES: Comments on this proposal should be received within 60 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to Pamela S. Israel, Chief, Operations Support Group, Center for Retirement and Insurance Service, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3349, Washington, DC 20415-3540. For Information Regarding Administrative Coordination Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/ Support Group, (202) 606-0623. U.S. Office of Personnel Management. Linda M. Springer, Director. [FR Doc. 06-3826 Filed 4-21-06; 8:45 am] BILLING CODE 6325-38-P

usgpo

2024-10-08T14:08:35.239897

FR

FR-2006-04-24/06-3827

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21049] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3827] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT Proposed Collection; Comment Request for Review of an Existing Information Collection: RI 25-15 AGENCY: Office of Personnel Management. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995 and 5 CFR 1320), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of an existing information collection. RI 25-15, Notice of Change in Student's Status, is used to collect sufficient information from adult children of deceased Federal employees or annuitants to assure that the child continues to be eligible for payments from OPM. Comments are particularly invited on: --Whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; --Whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; and --Ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology. Approximately 2,500 certifications are processed annually. We estimate that each form takes approximately 20 minutes to complete. The annual estimated burden is 835 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or E-mail to MaryBeth [email protected]. Please include your mailing address with your request. DATES: Comments on this proposal should be received within 60 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to Pamela S. Israel, Chief, Operations Support Group, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3349, Washington, DC 20415-3540. For Information Regarding Administrative Coordination Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/ Support Group, (202) 606-0623. U.S. Office of Personnel Management. Linda M. Springer, Director. [FR Doc. 06-3827 Filed 4-21-06; 8:45 am] BILLING CODE 6325-38-P

usgpo

2024-10-08T14:08:35.256238

FR

FR-2006-04-24/E6-6068

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21049-21053] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6068] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27290; 812-13012] Bridgeway Funds, Inc., et al.; Notice of Application April 18, 2006. AGENCY: Securities and Exchange Commission (``Commission''). ACTION: Notice of application for an order under (i) section 6(c) of the Investment Company Act of 1940 (the ``Act'') granting an exemption from sections 18(f) and 21(b) of the Act; (ii) section 12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of the Act; (iii) sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1) and 17(a)(3) of the Act; and (iv) section 17(d) of the Act and rule 17d-1 under the Act to permit certain joint transactions. ----------------------------------------------------------------------- Summary of Application: Applicants request an order that would permit certain registered open-end management investment companies to participate in a joint lending and borrowing facility. Applicants: Bridgeway Funds Inc. (``Bridgeway'') and Bridgeway Capital Management, Inc. (the ``Adviser''). Filing Dates: The application was filed on August 28, 2003, and amended on April 12, 2006. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on May 15, 2006 and should be accompanied by proof of service on the applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the [[Page 21050]] reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants, 5615 Kirby Drive, Ste 518, Houston, TX 77005-2448. FOR FURTHER INFORMATION CONTACT: John Yoder, Senior Counsel, at (202) 551-6878, or Mary Kay Frech, Branch Chief, at (202) 551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Public Reference Desk, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington DC 20549-0102 (telephone (202) 551-5850). Applicants' Representations Bridgeway is organized as a Maryland corporation and is registered under the Act as an open-end management investment company.\1\ Bridgeway is comprised of multiple series (each a ``Fund'', and together the ``Funds''). The Adviser is registered under the Investment Advisers Act of 1940 and serves as investment adviser to the Funds. --------------------------------------------------------------------------- \1\ Applicants request that the relief apply to any other existing or future registered open-end management investment company or series thereof that is advised by the Adviser or any person controlling, controlled by, or under common control with the Adviser or its successors (included in the term ``Funds''). The term ``successor'' is limited to entities that result from a reorganization into another jurisdiction or a change in the type of business organization. All existing Funds that currently intend to rely on the requested order have been named as applicants. Any other existing or future Fund that relies on the order in the future will comply with the terms and conditions of the application. --------------------------------------------------------------------------- 2. Some Funds may lend money to banks or other entities by entering into repurchase agreements or purchasing other short-term instruments. Other Funds may need to borrow money from the same or similar banks or other entities for temporary purposes to satisfy redemption requests, to cover unanticipated cash shortfalls such as a trade ``fail'' in which cash payment for a security sold by a Fund has been delayed, or for other temporary purposes. 3. If the Funds were to borrow money from banks, the Funds would pay interest on the borrowed cash at a rate that would be higher than the rate that would be earned by them on repurchase agreements and other short-term instruments of the same maturity as the bank loan. Applicants state that this differential represents the profit the banks would earn for serving as a middleman between a borrower and lender. 4. Applicants request an order that would permit the Funds to enter into interfund lending agreements (``Interfund Lending Agreements'') under which the Funds would lend and borrow money for temporary purposes directly to and from each other through a credit facility (``Interfund Loan''). Applicants believe that the credit facility would reduce the Funds' borrowing costs and enhance their ability to earn higher interest rates on short-term investments. Although the credit facility would reduce the Funds' need to borrow from banks, the Funds would be free to establish new lines of credit or other borrowing arrangements with banks. 5. Applicants anticipate that the credit facility would provide a borrowing Fund with significant savings when the cash position of the Fund is insufficient to meet temporary cash requirements. This situation could arise when redemptions exceed expected volumes and certain Funds have insufficient cash to satisfy such redemptions. When a Fund liquidates portfolio securities to meet redemption requests, it often does not receive payment in settlement for up to three days (or longer for certain foreign transactions). The credit facility would provide a source of immediate, short-term liquidity pending settlement of the sale of portfolio securities. 6. Applicants also propose using the credit facility when a sale of securities fails due to circumstances beyond a Fund's control, such as a delay in the delivery of cash to a Fund's custodian or improper delivery instructions by the broker effecting the transaction. Sales fails may present a cash shortfall if a Fund has undertaken to purchase securities using the proceeds from the securities sold. Under such circumstances, the Fund could fail on its intended purchase due to lack of funds from the previous sale, resulting in additional cost to the Fund, or sell a security on a same day settlement basis, earning a lower return on the investment. Use of the credit facility under these circumstances would enable the Fund to have access to immediate short- term liquidity without incurring custodian overdraft or other charges. 7. While bank borrowings could supply needed cash to cover unanticipated redemptions and sales fails, under the proposed credit facility a borrowing Fund would pay lower interest rates than those offered by banks on short-term loans. In addition, Funds making short- term cash loans directly to other Funds would earn interest at a rate higher than they otherwise could obtain from investing their cash in repurchase agreements. Thus, applicants believe that the proposed credit facility would benefit both borrowing and lending Funds. 8. The interest rate charged to the Funds on any Interfund Loan (``Interfund Loan Rate'') would be the average of the ``Repo Rate'' and the ``Bank Loan Rate,'' both as defined below. The Repo Rate for any day would be the highest rate available to the Funds from investing in overnight repurchase agreements. The Bank Loan Rate for any day would be calculated by the Credit Facility Team (as defined below) each day an Interfund Loan is made according to a formula established by a Fund's board of directors (``Board'') designed to approximate the lowest interest rate at which bank short-term loans would be available to the Funds. The formula would be based upon a publicly available rate (e.g., Federal funds plus 25 basis points) and would vary with this rate so as to reflect changing bank loan rates. The Board of each Fund would periodically review the continuing appropriateness of using the publicly available rate, as well as the relationship between the Bank Loan Rate and current bank loan rates that would be available to the Funds. The initial formula and any subsequent modifications to the formula would be subject to the approval of the Board. 9. The credit facility would be administered by a representative of Bridgeway's accounting department, an investment professional within the Adviser (``Portfolio Manager''), and the compliance officer for Bridgeway (collectively, the ``Credit Facility Team''). Under the proposed credit facility, the portfolio managers for each participating Fund could provide standing instructions to participate daily as a borrower or lender. On each business day, the Credit Facility Team would collect data on the uninvested cash and borrowing requirements of all participating Funds from the Funds' custodian. Once it determined the aggregate amount of cash available for loans and borrowing demand, the Credit Facility Team would allocate loans among borrowing Funds without any further communication from portfolio managers (other than the Portfolio Manager as a member of the Credit Facility Team). Applicants expect far more available uninvested cash each day than borrowing demand. All [[Page 21051]] allocations would require approval of at least one member of the Credit Facility Team who is not the Portfolio Manager. After the Credit Facility Team has allocated cash for Interfund Loans, the Credit Facility Team would invest any remaining cash in accordance with the standing instructions of portfolio managers or return remaining amounts to the Funds. 10. The Credit Facility Team would allocate borrowing demand and cash available for lending among the Funds on what the Credit Facility Team believes to be an equitable basis, subject to certain administrative procedures applicable to all Funds, such as the time of filing requests to participate, minimum loan lot sizes, and the need to minimize the number of transactions and associated administrative costs. To reduce transaction costs, each loan normally would be allocated in a manner intended to minimize the number of participants necessary to complete the loan transaction. The method of allocation and related administrative procedures would be approved by each Fund's Board, including a majority of trustees who are not ``interested persons'' of the Fund, as defined in section 2(a)(19) of the Act (``Independent Directors''), to ensure that both borrowing and lending Funds participate on an equitable basis. 11. The Credit Facility Team would (a) monitor the interest rates charged and other terms and conditions of the Interfund Loans; (b) limit the borrowings and loans entered into by each Fund to ensure that they comply with the Fund's investment policies and limitations; (c) ensure equitable treatment of each Fund; and (d) make quarterly reports to the Board concerning any transactions by the Funds under the credit facility and the Interfund Loan Rate charged. 12. The Adviser, through the Credit Facility Team, would administer the credit facility as a disinterested fiduciary, and would receive no additional fee for its services. The Adviser may collect standard recordkeeping, bookkeeping and accounting fees associated with the transfer of cash and/or securities in connection with repurchase and lending transactions generally, including transactions effected through the credit facility. Fees for these services would be no higher than those applicable for comparable bank loan transactions. 13. No Fund may participate in the credit facility unless: (a) The Fund has obtained shareholder approval for its participation, if such approval is required by law; (b) the Fund has fully disclosed all material information concerning the credit facility in its prospectus and/or statement of additional information (``SAI''); and (c) the Fund's participation in the credit facility is consistent with its investment policies, limitations, and organizational documents. 14. In connection with the credit facility, applicants request an order under (a) section 6(c) of the Act granting relief from sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of the Act granting relief from section 12(d)(1) of the Act; (c) sections 6(c) and 17(b) of the Act granting relief from sections 17(a)(1) and 17(a)(3) of the Act; and (d) under section 17(d) and rule 17d-1 under the Act to permit certain joint arrangements. Applicants' Legal Analysis 1. Section 17(a)(3) generally prohibits any affiliated person, or affiliated person of an affiliated person, from borrowing money or other property from a registered investment company. Section 21(b) generally prohibits any registered management company from lending money or other property to any person if that person controls or is under common control with the company. Section 2(a)(3)(C) of the Act defines an ``affiliated person'' of another person, in part, to be any person directly or indirectly controlling, controlled by, or under common control with, the other person. Applicants state that the Funds may be under common control by virtue of having the Adviser as their common investment advisor and/or by reason of having common officers and/or directors. 2. Section 6(c) provides that an exemptive order may be granted where an exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Section 17(b) authorizes the Commission to exempt a proposed transaction from section 17(a) provided that the terms of the transaction, including the consideration to be paid or received, are fair and reasonable and do not involve overreaching on the part of any person concerned, and the transaction is consistent with the policy of the investment company as recited in its registration statement and with the general purposes of the Act. Applicants believe that the proposed arrangements satisfy these standards for the reasons discussed below. 3. Applicants submit that sections 17(a)(3) and 21(b) of the Act were intended to prevent a party with strong potential adverse interests to, and some influence over the investment decisions of, a registered investment company from causing or inducing the investment company to engage in lending transactions that unfairly inure to the benefit of such party and that are detrimental to the best interests of the investment company and its shareholders. Applicants assert that the proposed credit facility transactions do not raise these concerns because: (a) The Adviser through the Credit Facility Team would administer the program as a disinterested fiduciary; (b) all Interfund Loans would consist only of uninvested cash reserves that the Funds otherwise would invest in short-term repurchase agreements or other short-term instruments; (c) the Interfund Loans would not involve a greater risk than such other investments; (d) the lending Fund would receive interest at a rate higher than it could obtain through such other investments; and (e) the borrowing Fund would pay interest at a rate lower than otherwise available to it under its bank loan agreements and avoid the up-front commitment fees associated with committed lines of credit. Moreover, applicants believe that the other conditions in the application would effectively preclude the possibility of any Fund obtaining an undue advantage over any other Fund. 4. Section 17(a)(1) generally prohibits an affiliated person of a registered investment company, or an affiliated person of an affiliated person, from selling any securities or other property to the company. Section 12(d)(1) generally makes it unlawful for a registered investment company to purchase or otherwise acquire any security issued by any other investment company except in accordance with the limitations set forth in that section. Applicants state that the obligation of a borrowing Fund to repay an Interfund Loan may constitute a security under sections 17(a)(1) and 12(d)(1). Section 12(d)(1)(J) provides that the Commission may exempt persons or transactions from any provision of section 12(d)(1) if and to the extent such exemption is consistent with the public interest and the protection of investors. Applicants contend that the standards under sections 6(c), 17(b), and 12(d)(1)(J) are satisfied for all the reasons set forth above in support of their request for relief from sections 17(a)(3) and 21(b) and for the reasons discussed below. 5. Applicants state that section 12(d)(1) was intended to prevent the pyramiding of investment companies in order to avoid imposing on investors additional and duplicative costs and fees attendant upon multiple layers of investment companies. Applicants submit that the proposed credit facility does not involve these abuses. [[Page 21052]] Applicants note that there will be no duplicative costs or fees to the Funds or shareholders, and that the Adviser will receive no additional compensation for its services in administering the credit facility through the Credit Facility Team. Applicants also note that the purpose of the proposed credit facility is to provide economic benefits for all of the participating Funds and their shareholders. 6. Section 18(f)(1) prohibits open-end investment companies from issuing any senior security except that a company is permitted to borrow from any bank, if immediately after the borrowing, there is asset coverage of at least 300 per centum for all borrowings of the company. Under section 18(g) of the Act, the term ``senior security'' includes any bond, debenture, note or similar obligation or instrument constituting a security and evidencing indebtedness. Applicants request relief from section 18(f)(1) to the limited extent necessary to implement the credit facility (because the lending Funds are not banks). 7. Applicants believe that granting relief under section 6(c) is appropriate because the Funds would remain subject to the requirement of section 18(f)(1) that all borrowings of the Fund, including combined interfund and bank borrowings, have at least 300% asset coverage. Based on the conditions and safeguards described in the application, applicants also submit that to allow the Funds to borrow from other Funds pursuant to the proposed credit facility is consistent with the purposes and policies of section 18(f)(1). 8. Section 17(d) and rule 17d-1 generally prohibit any affiliated person of a registered investment company, or affiliated persons of an affiliated person, when acting as principal, from effecting any joint transactions in which the company participates unless the transaction is approved by the Commission. Rule 17d-1 provides that in passing upon applications filed under the rule, the Commission will consider whether the participation of a registered investment company in a joint enterprise on the basis proposed is consistent with the provisions, policies, and purposes of the Act and the extent to which the company's participation is on a basis different from or less advantageous than that of other participants. 9. Applicants submit that the purpose of section 17(d) is to avoid overreaching by and unfair advantage to investment company insiders. Applicants believe that the credit facility is consistent with the provisions, policies, and purposes of the Act in that it offers both reduced borrowing costs and enhanced returns on loaned funds to all participating Funds and their shareholders. Applicants note that each Fund would have an equal opportunity to borrow and lend on equal terms consistent with its investment policies and fundamental limitations. Applicants therefore believe that each Fund's participation in the credit facility will be on terms that are no different from or less advantageous than that of other participating Funds. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. The Interfund Loan Rate to be charged to the Funds under the credit facility will be the average of the Repo Rate and the Bank Loan Rate. 2. On each business day, the Credit Facility Team will compare the Bank Loan Rate with the Repo Rate and will make cash available for Interfund Loans only if the Interfund Loan Rate is (a) more favorable to the lending Fund than the Repo Rate, and, if applicable, the yield of any money market fund in which the lending Fund could otherwise invest and (b) more favorable to the borrowing Fund than the Bank Loan Rate. 3. If a Fund has outstanding borrowings, any Interfund Loans to the Fund (a) will be at an interest rate equal to or lower than any outstanding bank loan; (b) will be secured at least on an equal priority basis with at least an equivalent percentage of collateral to loan value as any outstanding bank loan that requires collateral; (c) will have a maturity no longer than any outstanding bank loan (and in any event not over seven days); and (d) will provide that, if an event of default occurs under any agreement evidencing an outstanding bank loan to the Fund, that event of default will automatically (without need for action or notice by the lending Fund) constitute an immediate event of default under the Interfund Lending Agreement entitling the lending Fund to call the Interfund Loan (and exercise all rights with respect to any collateral) and that such call will be made if the lending bank exercises its right to call its loan under its agreement with the borrowing Fund. 4. A Fund may make an unsecured borrowing through the credit facility if its outstanding borrowing from all sources immediately after the interfund borrowing total 10% or less than its total assets, provided that if the Fund has a secured loan outstanding from any other lender, including but not limited to another Fund, the Fund's interfund borrowing will be secured on at least an equal priority basis with at least an equivalent percentage of collateral to loan value as any outstanding loan that requires collateral. If a Fund's total outstanding borrowings immediately after an interfund borrowing would be greater than 10% of its total assets, the Fund may borrow through the credit facility on a secured basis only. A Fund may not borrow through the credit facility or from any other source if its total borrowings immediately after the interfund borrowing would be more than 33\1/3\% of its total assets or its maximum borrowing limit set forth in the Fund's investment restrictions, whichever is less. 5. Before any Fund that has outstanding interfund borrowings may, through additional borrowings, cause its outstanding borrowings from all sources to exceed 10% of its total assets, the Fund must first secure each outstanding Interfund Loan by the pledge of segregated collateral with a market value at least equal to 102% of the outstanding principal value of the loan. If the total outstanding borrowings of a Fund with outstanding Interfund Loans exceed 10% of its total assets for any other reason (such as a decline in net asset value or because of shareholder redemptions), the Fund will within one business day thereafter (a) repay all its outstanding Interfund Loans; (b) reduce its outstanding indebtedness to 10% or less of its total assets; or (c) secure each outstanding Interfund Loan by the pledge of segregated collateral with a market value at least equal to 102% of the outstanding principal value of the loan until the Fund's total outstanding borrowings cease to exceed 10% of its total assets, at which time the collateral called for by this condition (5) shall no longer be required. Until each Interfund Loan that is outstanding at any time that a Fund's total outstanding borrowings exceeds 10% is repaid or the Fund's total outstanding borrowings cease to exceed 10% of its total assets, the Fund will mark the value of the collateral to market each day and will pledge such additional collateral as is necessary to maintain the market value of the collateral that secures each outstanding Interfund Loan at least equal to 102% of the outstanding principal value of the loan. 6. No Fund may lend to another Fund through the credit facility if the loan would cause its aggregate outstanding loans through the credit facility to exceed 15% of its net assets at the time of the loan. 7. A Fund's Interfund Loans to any one Fund shall not exceed 5% of the lending Fund's net assets. 8. The duration of Interfund Loans will be limited to the time required to [[Page 21053]] receive payment for securities sold, but in no event more than seven days. Loans effected within seven days of each other will be treated as separate loan transactions for purposes of this condition. 9. Each Interfund Loan may be called on one business day's notice by a lending Fund and may be repaid on any day by a borrowing Fund. 10. A Fund's participation in the credit facility must be consistent with its investment policies and limitations and organizational documents. 11. The Credit Facility Team will calculate total Fund borrowing and lending demand through the credit facility, and allocate Interfund Loans on an equitable basis among the Funds without the intervention of any portfolio manager of the Funds (other than the Portfolio Manager acting in his or her capacity as a member of the Credit Facility Team). All allocations will require approval of at least one member of the Credit Facility Team who is not the Portfolio Manager. The Credit Facility Team will not solicit cash for the credit facility from any Fund or prospectively publish or disseminate loan demand data to portfolio managers (except to the extent that the Portfolio Manager has access to loan demand data in his or her capacity as a member of the Credit Facility Team). The Credit Facility Team will invest any amounts remaining after satisfaction of borrowing demand in accordance with the standing instructions from portfolio managers or return remaining amounts to the Funds. 12. The Credit Facility Team will monitor the Interfund Loan Rate charged and the other terms and conditions of the Interfund Loans and will make a quarterly report to the Board concerning the participation of the Funds in the credit facility and the terms and other conditions of any extensions of credit under the facility. 13. The Board of each Fund, including a majority of the Independent Directors: (a) Will review no less frequently than quarterly the Fund's participation in the credit facility during the preceding quarter for compliance with the conditions of any order permitting the transactions; (b) will establish the Bank Loan Rate formula used to determine the interest rate on Interfund Loans and review no less frequently than annually the continuing appropriateness of the Bank Loan Rate formula; and (c) will review no less frequently than annually the continuing appropriateness of the Fund's participation in the credit facility. 14. In the event an Interfund Loan is not paid according to its terms and the default is not cured within two business days from its maturity or from the time the lending Fund makes a demand for payment under the provisions of the Interfund Lending Agreement, the Credit Facility Team will promptly refer the loan for arbitration to an independent arbitrator selected by the Board of any Fund involved in the loan who will serve as arbitrator of disputes concerning Interfund Loans.\2\ The arbitrator will resolve any problems promptly, and the arbitrator's decision will be binding on both Funds. The arbitrator will submit, at least annually, a written report to the Board setting forth a description of the nature of any dispute and the actions taken by the Funds to resolve the dispute. --------------------------------------------------------------------------- \2\ If a dispute involves Funds with separate Boards, the respective Boards will agree on an independent arbitrator that is satisfactory to each Fund. --------------------------------------------------------------------------- 15. Each Fund will maintain and preserve for a period of not less than six years from the end of the fiscal year in which any transaction under the credit facility occurred, the first two years in an easily accessible place, written records of all such transactions setting forth a description of the terms of the transaction, including the amount, the maturity and rate of interest on the loan, the rate of interest available at the time on short-term repurchase agreements and bank borrowings, the yield on any money market fund in which the lending Fund could otherwise invest and such other information presented to the Fund's Board in connection with the review required by conditions 12 and 13. 16. The Credit Facility Team will prepare and submit to the Board for review an initial report describing the operations of the credit facility and the procedures to be implemented to ensure that all Funds are treated fairly. After the commencement of operations of the credit facility, the Credit Facility Team will report on the operations of the credit facility at the quarterly meetings of each Fund's Board. In addition, for two years following the commencement of the credit facility, the independent public accountant for each Fund shall prepare an annual report that evaluates the Credit Facility Team's assertion that it has established procedures reasonably designed to achieve compliance with the conditions of the order. The report will be prepared in accordance with the Statements on Standards for Attestation Engagements No. 10 and it shall be filed pursuant to Item 77Q3 of Form N-SAR, as such statements or form may be revised, amended, or superseded from time to time. In particular, the report shall address procedures designed to achieve the following objectives: (a) That the Interfund Loan Rate will be higher than the Repo Rate and, if applicable, the yield of the money market funds, but lower than the Bank Loan Rate; (b) compliance with the collateral requirements as set forth in the application; (c) compliance with the percentage limitations on interfund borrowing and lending; (d) allocation of interfund borrowing and lending demand in an equitable manner and in accordance with procedures established by the Board; and (e) that the interest rate on any Interfund Loan does not exceed the interest rate on any third party borrowings of a borrowing Fund at the time of the Interfund Loan. After the final report is filed, the Fund's external auditors, in connection with their Fund audit examinations, will continue to review the operation of the credit facility for compliance with the conditions of the application and their review will form the basis, in part, of the auditor's report on internal accounting controls in Form N-SAR. 17. No Fund will participate in the credit facility upon receipt of requisite regulatory approval unless all material facts about its intended participation are fully disclosed in the Fund's SAI. 18. A Fund's borrowings through the credit facility, as measured on the day when the most recent loan was made, will not exceed the greater of 125% of the Fund's total net cash redemptions or 102% of sales fails for the preceding seven calendar days. 19. The Board of each Fund will satisfy the fund governance standards as defined in rule 0-1(a)(7) under the Act by the compliance date for the rule. For the Commission, by the Division of Investment Management, under delegated authority. Nancy M. Morris, Secretary. [FR Doc. E6-6068 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.263994

FR

FR-2006-04-24/E6-6039

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21053-21055] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6039] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53657; File No. SR-Amex-2006-32] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Commentary .10 to Amex Rule 958 and Commentary .09 to Amex Rule 958-ANTE April 14, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 [[Page 21054]] (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 11, 2006, the American Stock Exchange LLC (``Amex'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. Amex filed this proposal pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder \4\ as non- controversial, and therefore the proposed rule change is effective immediately upon filing. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(l). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A). \4\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to revise Commentary .10 of Amex Rule 958 and Commentary .09 to Amex Rule 958-ANTE. The text of the proposed rule change is available on the Amex's Web site at http://www.amex.com, the Office of the Secretary, the Amex, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Amex has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposal is to provide that transactions on the Exchange floor in Partnership Units (``Units'') pursuant to Amex Rule 1500 et seq. are subject to Commentary .10 of Amex Rule 958 and Commentary .09 to Amex Rule 958-ANTE (``Commentaries''). Currently, the Commentaries provide that transactions in index warrants, currency warrants, securities listed pursuant to section 107 of the Amex Guide, trust issued receipts listed pursuant to Amex Rules 1200 et seq. (``Trust Issued Receipts''), and derivative products are subject to Amex Rules 958 and 958-ANTE. A ``derivative product'' is defined in Article I, section 3(d) of the Amex Constitution to include, in addition to standardized options, securities which are issued by the Options Clearing Corporation or another limited purpose entity or trust, and which are based solely on the performance of an index or portfolio of other publicly traded securities. A derivative product does not include warrants of any type or closed-end management investment companies. Portfolio Depository Receipts or Index Fund Shares are derivative products consistent with Article I, section 3(d) of the Amex Constitution. The Commentaries further provide that these transactions may only be effected by registered traders (``Registered Traders'') who are regular members of the Exchange. A Registered Trader who is logged onto Auto-Ex may only sign onto Auto-Ex for Portfolio Depository Receipts, Index Fund Shares, and Trust Issued Receipts (collectively ``ETFs'') traded on the same or contiguous panels, i.e., ETFs traded by two adjoining Specialists or ETFs traded by the same Specialist for a maximum of three panels. Amex also proposes to include Units as an ETF for the purposes of this contiguous panel requirement. The Exchange solely seeks to provide clarity akin to the trading of ETFs. As a result, the Exchange proposes that Registered Traders may participate in the trading of Units consistent with the Commentaries. 2. Statutory Basis The proposed rule change is consistent with section 6(b) of the Act,\5\ in general, and furthers the objectives of section 6(b)(5) of the Act,\6\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system, and, in general, protect investors and the public interest. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become immediately effective pursuant to section 19(b)(3)(A) \7\ of the Act and Rule 19b-4(f)(6) \8\ thereunder because: (i) It does not significantly affect the protection of investors or the public interest; (ii) it does not impose any significant burden on competition; and (iii) by its terms, it does not become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest; provided that the Exchange has given the Commission notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78s(b)(3)(A). \8\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- Amex has requested that the Commission waive the 5-day pre-filing notice requirement and the 30-day operative delay of the proposal. The Commission believes that the waiver of the 5-day pre-filing requirement and the 30-day operative delay is consistent with the protection of investors and the public interest, because the waiver would allow Amex to immediately implement trading rules governing Units listed pursuant to Amex Rule 1500 et seq. that are identical to the trading rules for other ETFs traded on the Exchange. For this reason, the Commission designates the proposal effective and operative upon filing with the Commission.\9\ --------------------------------------------------------------------------- \9\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. [[Page 21055]] IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Number SR-Amex-2006-32 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-Amex-2006-32. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule changes between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of Amex. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR- Amex-2006-32 and should be submitted on or before May 15, 2006. --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\10\ Nancy M. Morris, Secretary. [FR Doc. E6-6039 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.303637

FR

FR-2006-04-24/E6-6040

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21055-21056] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6040] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53656; File No. SR-Amex-2006-04] Self-Regulatory Organizations; American Stock Exchange LLC; Order Approving a Proposed Rule Change and Amendment No. 1 Thereto Relating to Procedures for Denying Initial and Continued Listing April 14, 2006. I. Introduction On January 23, 2006, the American Stock Exchange LLC (``Amex'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposal to add new section 127 and amend sections 101, 401, 402, 710, 1002, and 1009 of the Amex Company Guide which the Exchange states will increase the transparency of the process associated with staff determinations to deny the initial or continued listing of a company's securities on the Amex. On February 22, 2006, Amex filed Amendment No. 1 to the proposed rule change. The proposed rule change was published for comment in the Federal Register on March 13, 2006.\3\ The Commission received no comments regarding the proposal. This order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 53403 (March 2, 2006), 71 FR 12736. --------------------------------------------------------------------------- II. Description of the Proposal The Exchange proposes to add new section 127 and amend sections 101 and 1002 of the Amex Company Guide to clarify the circumstances in which the Exchange can use its discretionary authority to deny initial or continued listing to a company which raises public interest or other qualitative concerns about its condition or business. The proposed rule would specify that the Exchange has authority to deny initial listing to an applicant, impose additional or more stringent criteria on initial or continued listing of a company's securities, or delist a company's securities where there has been: (i) A history of regulatory misconduct; (ii) filing for protection under any provision of the federal bankruptcy laws or comparable foreign laws; (iii) issuance of a disclaimer opinion on financial statements required to be audited; (iv) failure to provide required certification with the financial statements of the listed company or applicant; or (v) a determination that the listed company or applicant entity has violated or evaded applicable corporate governance standards. Proposed section 127 of the Amex Company Guide would explain the factors used by the Exchange in evaluating whether the regulatory misconduct of an individual associated with a company should be used as a basis to deny initial or continued listing; explain the remedial measures that may serve to mitigate public interest concerns; and state that sections 101 and 1002 of the Amex Company Guide do not provide a basis for the Exchange to grant exemptions or exceptions from the enumerated initial or continued listing criteria. The proposal also amends sections 402 and 1009 of the Amex Company Guide to conform the Amex disclosure time frames to those mandated by the Commission for current reports filed on Form 8-K by reducing to four business days the time within which a listed company must publicly disclose that the Exchange has given it written notice that it is noncompliant with one or more of the continued listing standards. The proposed amendments would also extend the disclosure obligations applicable to a company that receives a written delisting notice to include a company that receives a written notice of noncompliance with a continued listing requirement, which may be in the form of a Warning Letter or a Deficiency Letter. In addition, the Amex proposes certain clarifying amendments to section 710 of the Amex Company Guide to provide that an exception to the shareholder approval requirements may be made upon application to the Exchange when (i) the delay in securing shareholder approval would seriously jeopardize the financial viability of the enterprise; and (ii) reliance by the company on the exception is expressly approved by the audit committee of the company's board of directors or a comparable body of the board of directors. The Exchange proposes to add that the comparable body of the board of directors, which may approve a company's reliance on the financial viability exception, must be comprised solely of independent and disinterested directors. The Exchange also proposes to prohibit a company from issuing, or authorizing its transfer agent or registrar to issue or register the securities subject to the shareholder approval requirements, until it has received written notification from the Exchange [[Page 21056]] that the financial viability exception has been granted, and the securities have been approved for listing. In addition, the Exchange proposes to require a company that receives the financial viability exception to issue a press release ten days before issuance of the subject securities, in addition to the notice to shareholders that is currently required by Exchange rules. Further, the Exchange proposes to update its disclosure policies by amending sections 402 and 1009 of the Amex Company Guide and to make minor, technical changes to section 401 of the Amex Company Guide. III. Discussion After careful consideration of the amended proposal and consideration of the comment letters, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange \4\ and, in particular, the requirements of section 6 of the Act.\5\ Specifically, as discussed in detail below, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act,\6\ which requires, among other things, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, and processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Section 6(b)(5) of the Act \7\ also requires that the rules of an exchange not be designed to permit unfair discrimination among customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \4\ In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). \5\ 15 U.S.C. 78f. \6\ 15 U.S.C. 78f(b)(5). \7\ Id. --------------------------------------------------------------------------- The Commission believes that the proposal to set forth the factors used by the Exchange in evaluating the regulatory conduct and corporate governance of a company clarifies the Exchange rules and provides greater transparency to listed companies and applicants about the criteria and evaluation methods that the Exchange employs in its broad discretionary authority to deny initial or continued listing to a company.\8\ --------------------------------------------------------------------------- \8\ The Commission notes that this proposed rule change is substantially similar to a proposal submitted by the National Association of Securities Dealers, Inc. and approved by the Commission. See Securities Exchange Act Release No. 52342 (August 26, 2005), 70 FR 52456 (September 2, 2005) (SR-NASD-2004-125). --------------------------------------------------------------------------- The Commission believes that the proposal to update the Exchange's disclosure policies may provide increased investor protection by conforming the disclosure time frames with existing federal securities laws and requiring increased disclosure, such as when the company relies on the financial viability exception or when it receives a Warning Letter or a Deficiency Letter. The Commission also believes that the proposal to amend shareholder approval requirements may provide increased investor protection by requiring companies, when relying on the financial viability exception, to obtain the approval of independent and disinterested directors and to prohibit the issuance or registration of the securities subject to shareholder approval until companies have received written approval confirmation from the Exchange. IV. Conclusion It is therefore ordered, pursuant to section 19(b)(2) of the Act,\9\ that the proposed rule change (SR-Amex-2006-04) is approved. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6040 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.340047

FR

FR-2006-04-24/E6-6078

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21056-21058] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6078] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53666; File No. SR-Amex-2005-107] Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Approval of a Proposed Rule Change and Amendment Nos. 1 and 2 To Amend Exchange Delisting Rules To Conform to Recent Amendments to Commission Rules Regarding Removal From Listing and Withdrawal From Registration April 17, 2006. I. Introduction On October 24, 2005, the American Stock Exchange LLC (``Amex'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend Exchange delisting rules to conform to recent amendments to Commission rules regarding removal from listing and withdrawal from registration. On October 27, 2005, Amex filed Amendment No. 1 to the proposed rule change.\3\ On February 1, 2006, Amex filed Amendment No. 2 to the proposed rule change.\4\ The proposed rule change, as amended, was published for comment in the Federal Register on March 13, 2006.\5\ No comments were received regarding the proposal. This order approves the proposed rule change, as amended. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ Amendment No. 1 replaced the original proposed rule change in its entirety. \4\ In Amendment No. 2, Amex added footnotes to the Form 19b-4 and Exhibit 1 that reference appropriate sections of the Amex Company Guide; made grammatical corrections to the proposed rule text regarding the final effective date of the old Amex rules; and clarified the circumstances under which the Exchange is authorized to file a Form 25 for certain corporate actions. \5\ See Securities Exchange Act Release No. 53398 (March 2, 2006), 71 FR 12738. --------------------------------------------------------------------------- II. Description of the Proposed Rule Change Section 12 of the Act \6\ and Rule 12d2-2 thereunder \7\ (``SEC Rule 12d2-2'') govern the process for the delisting and deregistration of securities listed on national securities exchanges. Recent amendments to SEC Rule 12d2-2 (``amended SEC Rule 12d2-2'') and other Commission rules require the electronic filing of revised Form 25 on the Commission's Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system by exchanges and issuers for all delistings, other than delistings of standardized options and securities futures, which are exempted.\8\ --------------------------------------------------------------------------- \6\ 15 U.S.C. 78l. \7\ 17 CFR 240.12d2-2. \8\ See Securities Exchange Act Release No. 52029 (July 14, 2005), 70 FR 42456 (July 22, 2005). --------------------------------------------------------------------------- The Amex proposes to revise Amex Rule 18 and sections 1010, 1011, 1201, 1202, 1203, 1204, 1205 and 1206 of the Amex Company Guide with respect to delisting procedural requirements as mandated by recent amendments to SEC Rule 12d2-2. In the case of exchange-initiated delistings, amended SEC Rule 12d2-2(b) states that a national securities exchange may file an application on Form 25 to strike a class of securities from listing and/or withdraw the registration of such securities, in accordance with its rules, [[Page 21057]] if the rules of such exchange, at a minimum, provide for: \9\ --------------------------------------------------------------------------- \9\ See also Form 8-K (Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing), which sets forth disclosure requirements for issuers that do not satisfy listing standards. --------------------------------------------------------------------------- (i) Notice to the issuer of the exchange's decision to delist its securities; (ii) An opportunity for appeal to the exchange's board of directors, or to a committee designated by the board; and (iii) Public notice of the national securities exchange's final determination to remove the security from listing and/or registration, by issuing a press release and posting notice on its Web site. Public notice must be disseminated no fewer than 10 days before the delisting becomes effective pursuant to amended SEC Rule 12d2-2(d)(1), and must remain posted on its Web site until the delisting is effective. With respect to the above requirements set forth in amended SEC Rule 12d2-2(b), Amex rules currently provide the requisite issuer notice as well as an opportunity for appeal to a committee designated by the Board.\10\ Amex rules do not currently provide for the mandated public notice, and accordingly the Amex is proposing changes to section 1010(c) of the Amex Company Guide to incorporate such public notice as required by the recent amendments to SEC Rule 12d2-2(b). The proposed changes do not impact the Amex's existing authority to suspend trading in an issuer's securities following an adverse panel decision but prior to the filing of a delisting application and/or effective date of a delisting. --------------------------------------------------------------------------- \10\ See Amex Company Guide, Section 1202 (Written Notice of Staff Determination) and section 1203 (Request for Hearing). --------------------------------------------------------------------------- In the case of an issuer-initiated delisting, Amex proposes revisions to Amex Rule 18 and section 1010 of the Amex Company Guide, as mandated, to require the issuer to: (i) Comply with the Exchange's rules for delisting and applicable state laws; (ii) Submit written notice to the Exchange, no fewer than ten days before filing a Form 25, of its intent to withdraw its security, which notice includes a statement of all material facts relating to the reasons for filing the application (effectively, this notice to the Exchange will be provided at least 20 days before the delisting becomes effective); and (iii) Issue public notice of its intent to delist via a press release, and, if it has a publicly available Web site, by posting the notice on that Web site, contemporaneously with providing written notice to the exchange and keeping it posted until the delisting is effective. In addition, changes are proposed to Amex Rule 18 to require that the board of directors (or comparable governing body) of an issuer initiating the delisting of its securities must approve the decision to delist, and that the issuer provide the Exchange with a certified copy of the relevant board resolution prior to filing the Form 25. The issuer must notify the Exchange that it has filed Form 25 with the Commission contemporaneously with such filing. The Amex also proposes that an issuer seeking to voluntarily apply to withdraw a class of securities from listing on the Exchange that has received notice from the Exchange that it is below the Exchange's continued listing policies and standards, or that is aware that it is below such continued listing policies and standards notwithstanding that it has not received such notice from the Exchange, must disclose that it is no longer eligible for continued listing (including the specific continued listing policies and standards that the issue is below) in: (i) Its statement of all material facts relating to the reasons for withdrawal from listing provided to the Exchange along with written notice of its determination to withdraw from listing required by amended SEC Rule 12d2-2(c)(2)(ii) and; (ii) its public press release and Web site notice required by amended SEC Rule 12d2-2(c)(2)(iii). Further, as required by amended SEC Rule 12d2-2(c)(3), the Amex represents that it will post notice of issuer-initiated delistings on its Web site beginning on the business day following receipt of notice from the issuer, and it will keep the notice posted until the delisting becomes effective. As in the case of an exchange-initiated delisting, the Amex will retain the ability to suspend trading in an issuer's securities, in order to accommodate its transfer to another marketplace, prior to the effective date of the delisting. Finally, Amex has made changes in its rules to clarify that the Form 25 serves as the application to remove a security from listing and/or registration and to specify that the proposed changes will be effective as of April 24, 2006 as required by amended SEC Rule 12d2-2. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange \11\ and, in particular, the requirements of section 6 of the Act.\12\ Specifically, as discussed below, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act,\13\ which requires, in part, that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, and processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Further, as noted in more detail below, the changes being adopted by Amex meet the requirements of amended SEC Rule 12d2-2. --------------------------------------------------------------------------- \11\ In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). \12\ 15 U.S.C. 78f. \13\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- A. Exchange Delisting Amended SEC Rule 12d2-2(b) states that a national securities exchange may file an application on Form 25 to strike a class of securities from listing and/or withdraw the registration of such securities, in accordance with its rules, if the rules of such exchange, at a minimum, provide for notice to the issuer of the exchange's decision to delist, opportunity for appeal, and public notice of the exchange's final determination to delist. The Commission believes that Amex's current rules and proposal comply with the dictates of amended SEC Rule 12d2-2(b). Amex rules currently provide the requisite issuer notice as well as an opportunity for appeal to a committee designated by the Board.\14\ Specifically, issuers may appeal staff delisting determinations to panel of at least two members of the Committee on Securities, which is a board-appointed committee.\15\ Adverse panel decisions may be appealed to the Committee on Securities.\16\ In addition, the Board may in its discretion call any Committee on Securities decision for review.\17\ In addition, the proposed rule change will provide for public notice of the Exchange's final determination to [[Page 21058]] remove the security from listing and/or registration. The Commission notes that the proposed changes do not impact the Amex's existing authority to suspend trading in an issuer's securities following an adverse panel decision but prior to the filing of a delisting application and/or effective date of a delisting. --------------------------------------------------------------------------- \14\ See supra note 10. \15\ See Amex Company Guide, section 1204 (The Listing Qualifications Panel). \16\ See Amex Company Guide, section 1205 (Review by the Amex Committee on Securities). \17\ See Amex Company Guide, section 1206 (Discretionary Review by Amex Board). --------------------------------------------------------------------------- B. Issuer Voluntary Delisting In the case of an issuer-initiated delisting, Amex is proposing revisions to Amex Rule 18 and section 1010 of the Amex Company Guide, as mandated, to require the issuer to: (i) Comply with the Exchange's rules for delisting and applicable state laws; (ii) Submit written notice to the Exchange, no fewer than ten days before filing a Form 25, of its intent to withdraw its security, which notice includes a statement of all material facts relating to the reasons for filing the application (effectively, this notice to the Exchange will be provided at least 20 days before the delisting becomes effective); and (iii) Issue public notice of its intent to delist via a press release, and, if it has a publicly available Web site, by posting the notice on that Web site, contemporaneously with providing written notice to the exchange and keeping it posted until the delisting is effective. The Commission believes that the amendments will fully inform issuers of the requirements for voluntary delisting of their securities under Amex rules and federal securities laws. The proposal also sets forth a new requirement not in amended SEC Rule 12d2-2 that would require the issuer to notify the Exchange that it has filed Form 25 with the Commission contemporaneously with such filing. This requirement will allow the Exchange to be fully informed of the actual filing of a Form 25 and prepare to take timely action in accordance with the filing of the Form. In addition, Amex has proposed a new requirement that the board of directors (or comparable governing body) of an issuer initiating the delisting of its securities must approve the decision to delist and that the issuer provide the Exchange with a certified copy of the relevant board resolution. The Commission believes that these requirements may help ensure that the decision to delist a security voluntarily has been well-considered by the issuer's board. Amex also proposes that an issuer seeking to voluntarily apply to withdraw a class of securities from listing on the Exchange that has received notice from the Exchange that it is below the Exchange's continued listing policies and standards, or that is aware that it is below such continued listing policies and standards notwithstanding that it has not received such notice from the Exchange, must disclose that it is no longer eligible for continued listing (including the specific continued listing policies and standards that the issue is below) in: (i) Its statement of all material facts relating to the reasons for withdrawal from listing provided to the Exchange along with written notice of its determination to withdraw from listing required by amended SEC Rule 12d2-2(c)(2)(ii) and; (ii) its public press release and Web site notice required by amended SEC Rule 12d2-2(c)(2)(iii). The Commission believes that this requirement will allow shareholders to be informed and aware that the issuer has failed to meet Exchange listing standards and is voluntarily delisting. Issuers will therefore not be permitted to delist voluntarily without public disclosure of their noncompliance with Exchange listing standards. The Commission notes that Amex represents that it will, as required by the revised Commission rules, post notice of issuer-initiated delistings on its Web site beginning on the business day following receipt of notice from the issuer, and it will keep the notice posted until the delisting becomes effective. The Commission also notes that, as in the case of an exchange-initiated delisting, the Amex will retain the ability to suspend trading in an issuer's securities, in order to accommodate its transfer to another marketplace, prior to the effective date of the delisting. IV. Conclusion It is therefore ordered, pursuant to section 19(b)(2) of the Act,\18\ that the proposed rule change (File No. SR-Amex-2005-107), as amended, is approved. --------------------------------------------------------------------------- \18\ Id. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\19\ --------------------------------------------------------------------------- \19\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6078 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.362569

FR

FR-2006-04-24/E6-6074

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21058-21060] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6074] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53665; File No. SR-CBOE-2005-87] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of a Proposed Rule Change and Amendment Nos. 1 and 2 To Amend Exchange Delisting Rules to Conform to Recent Amendments to Commission Rules Regarding Removal From Listing and Withdrawal From Registration April 17, 2006. I. Introduction On October 21, 2005, the Chicago Board Options Exchange, Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC''), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend Exchange delisting rules to conform to recent amendments to Commission rules regarding removal from listing and withdrawal from registration. On December 14, 2005, CBOE filed Amendment No. 1 to the proposed rule change.\3\ On February 24, 2006, CBOE filed Amendment No. 2 to the proposed rule change.\4\ The proposed rule change, as amended, was published for comment in the Federal Register on March 13, 2006.\5\ No comments were received regarding the proposal. This order approves the proposed rule change, as amended. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ Amendment No. 1 replaced the original proposed rule change in its entirety. \4\ In Amendment No. 2, CBOE amended CBOE Rule 31.94(G)(h) to state that in appropriate circumstances, when the Exchange is considering delisting because a company no longer meets the requirements for continued listing, a company may, with the consent of the Exchange, file a Form 25 with the SEC, provided that it follows the requirements set forth in SEC Rule 12d2-2(c) and discloses that it is no longer eligible for continued listing on the Exchange in its written notice to the Exchange and public press release, and if it has a publicly accessible Web site, posts such notice on that Web site. \5\ See Securities Exchange Act Release No. 53399 (March 2, 2006), 71 FR 12749. --------------------------------------------------------------------------- II. Description of the Proposed Rule Change Section 12 of the Act \6\ and SEC Rule 12d2-2 govern the process for the delisting and deregistration of securities listed on national securities exchanges. Recent amendments to SEC Rule 12d2-2 (``amended SEC Rule 12d2-2'') and [[Page 21059]] other Commission rules require the electronic filing of revised Form 25\7\ on the Commission's Electronic Data Gathering, Analysis, and Retrieval (``EDGAR'') system by exchanges and issuers for all delistings, other than delistings of standardized options and securities futures, which are exempted.\8\ --------------------------------------------------------------------------- \6\ 15 U.S.C. 78l. \7\ 17 CFR 249.25. \8\ See Securities Exchange Act Release No. 52029 (July 14, 2005), 70 FR 42456 (July 22, 2005). --------------------------------------------------------------------------- In the case of exchange-initiated delistings, amended SEC Rule 12d2-2(b) states that a national securities exchange may file an application on Form 25 to strike a class of securities from listing and/or withdraw the registration of such securities, in accordance with its rules, if the rules of such exchange, at a minimum, provide for: (i) Notice to the issuer of the exchange's decision to delist its securities; (ii) An opportunity for appeal to the exchange's board of directors, or to a committee designated by the board; and (iii) Public notice of the national securities exchange's final determination to remove the security from listing and/or registration, by issuing a press release and posting notice on its Web site. Public notice must be disseminated no fewer than 10 days before the delisting becomes effective pursuant to amended SEC Rule 12d2-2(d)(1), and must remain posted on its Web site until the delisting is effective. CBOE Chapter 31 sets forth the Exchange's non-option securities listing rules. The Exchange proposes to revise CBOE Rule 31.94(G) to incorporate the new requirements set forth in amended SEC Rule 12d2- 2(b). The provisions set forth in current CBOE Rule 31.94(G), which provide for notification to the issuer in the event that the Exchange determines to delist the issuer's securities and the right to appeal the Exchange's determination, satisfy the minimum provisions set forth in amended SEC Rule 12d2-2(b), except for the requirement in amended SEC Rule 12d2-2(b)(iii) that requires national securities exchanges to provide public notice of determinations to delist an issuer's securities. Therefore, proposed CBOE Rule 31.94(G)(h) would require the Exchange to provide public notice, in accordance with SEC Rule 12d2- 2(b)(iii), of a final determination by the Exchange to strike an issuer's securities from listing and/or withdraw the registration of such securities on the Exchange in all cases other than as provided pursuant to amended SEC Rule 12d2-2(a). The Exchange also proposes to make clear in proposed Rule 31.94(G) that the issuer is required to notify the Exchange in case it elects to delist its securities from the Exchange, and upon such notification, the Exchange would be required to issue a public notice of such determination. These proposed changes reflect the requirements set forth in amended SEC Rule 12d2-2(c). The proposed rule filing sets forth a requirement in addition to those set forth in amended SEC Rule 12d2-2(c) that would require the issuer to notify the Exchange that it has filed Form 25 \9\ with the SEC contemporaneously with such filing. --------------------------------------------------------------------------- \9\ 17 CFR 249.25. --------------------------------------------------------------------------- In addition, CBOE proposes to amend CBOE Rule 31.94(G)(h) to state that in appropriate circumstances, when the Exchange is considering delisting because a company no longer meets the requirements for continued listing, a company may, with the consent of the Exchange, file a Form 25 with the SEC, provided that it follows the requirements set forth in amended SEC Rule 12d2-2(c) and discloses that it is no longer eligible for continued listing on the Exchange in its written notice to the Exchange and public press release, and if it has a publicly accessible Web site, posts such notice on that Web site.\10\ --------------------------------------------------------------------------- \10\ See Amendment No. 2, supra note 4. --------------------------------------------------------------------------- Lastly, the Exchange is proposing to make housekeeping changes that relate to references to the Act and certain rules in the Act. The proposed changes, other than the housekeeping changes, will be effective as of April 24, 2006 as required by amended SEC Rule 12d2-2. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange \11\ and, in particular, the requirements of section 6 of the Act.\12\ Specifically, as discussed below, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act,\13\ which requires, in part, that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, and processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Further, as noted in more detail below, the changes being adopted by CBOE meet the requirements of amended SEC Rule 12d2-2. --------------------------------------------------------------------------- \11\ In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). \12\ 15 U.S.C. 78f. \13\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- A. Exchange Delisting Amended SEC Rule 12d2-2(b) states that a national securities exchange may file an application on Form 25 to strike a class of securities from listing and/or withdraw the registration of such securities, in accordance with its rules, if the rules of such exchange, at a minimum, provide for notice to the issuer of the exchange's decision to delist, opportunity for appeal, and public notice of the exchange's final determination to delist. The Commission believes that CBOE's current rules and proposal comply with the dictates of amended SEC Rule 12d2-2(b). CBOE rules currently provide the requisite issuer notice as well as an opportunity for appeal to a committee designated by the Board.\14\ Specifically, issuers may appeal staff delisting determinations to an Exchange committee which may be either a standing committee or a committee specially appointed for the purpose and may consist of directors, Exchange officials, members, and/or other persons (not having an interest in the matter) as the Board of Directors shall determine.\15\ In addition, the Board may in its discretion authorize the Executive Committee to consider any or all appeals, and in such case the decision of the Executive Committee with respect thereto shall be final and conclusive.\16\ Finally, the proposed rule change will provide for public notice of the exchange's final determination to remove the security from listing and/or registration. --------------------------------------------------------------------------- \14\ See CBOE Rule 31.94(G)(a)-(g). \15\ See CBOE Rule 31.94(G)(d). \16\ See CBOE Rule 31.94(G)(g). --------------------------------------------------------------------------- B. Issuer Voluntary Delisting The Exchange proposes to set forth in its Exchange rules the general requirements of amended SEC Rule 12d2-2(c) regarding issuer voluntary delisting. For example, the Exchange proposes to clarify in proposed Rule 31.94(G) that the issuer is required to notify the Exchange in case it elects to delist its securities from the Exchange, and upon such notification, the Exchange would be required to issue a [[Page 21060]] public notice of such determination. The Commission believes that the proposal will better inform issuers of the requirements for voluntary delisting of their securities under CBOE rules and federal securities laws. The proposal also sets forth a new requirement not in amended SEC Rule 12d2-2 that would require the issuer to notify the Exchange that it has filed Form 25 with the Commission contemporaneously with such filing. The Commission believes that this requirement will allow the Exchange to be fully informed of the filing of a Form 25 and prepared to take timely action in accordance with the filing of the Form. In addition, CBOE proposes to amend CBOE Rule 31.94(G)(h) to state that in appropriate circumstances, when the Exchange is considering delisting because a company no longer meets the requirements for continued listing, a company may, with the consent of the Exchange, file a Form 25 with the SEC, provided that it follows the requirements set forth in SEC Rule 12d2-2(c) and discloses that it is no longer eligible for continued listing on the Exchange in its written notice to the Exchange and public press release, and if it has a publicly accessible Web site, posts such notice on that Web site.\17\ The Commission believes that this requirement will allow shareholders to be informed and aware that the issuer has failed to meet Exchange listing standards and is voluntarily delisting with the consent of the Exchange. Issuers will therefore not be permitted to delist voluntarily without public disclosure of their noncompliance with Exchange listing standards. --------------------------------------------------------------------------- \17\ See Amendment No. 2, supra note 4. --------------------------------------------------------------------------- IV. Conclusion It is therefore ordered, pursuant to section 19(b)(2) of the Act,\18\ that the proposed rule change (File No. SR-CBOE-2005-87), as amended, is approved. --------------------------------------------------------------------------- \18\ Id. \19\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\19\ Nancy M. Morris, Secretary. [FR Doc. E6-6074 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.379780

FR

FR-2006-04-24/E6-6070

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21060] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6070] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53664; File No. SR-CHX-2006-03] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Order Granting Approval to Proposed Rule Change Relating to the Prohibition of Trade Shredding April 17, 2006. I. Introduction On January 24, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change relating to trade shredding. The proposed rule change was published for comment in the Federal Register on March 16, 2006.\3\ The Commission received no comments on the proposal. This order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(l). \2\ 17 CFR 240. 19b-4. \3\ See Securities Exchange Act Release No. 53441 (March 8, 2006), 71 FR 13642. --------------------------------------------------------------------------- II. Description of the Proposal The Exchange proposed to amend its rules to prohibit its participants from breaking customer orders into smaller multiple orders for the primary purpose of maximizing rebates or other payments to the participant without regard for the customer's interest. III. Discussion and Commission Findings The Commission has reviewed carefully the proposed rule change and finds that it is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange,\4\ particularly Section 6(b)(5) of the Act which, among other things, requires that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating securities transactions, to remove impediments to and to perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.\5\ The Commission believes that the proposed rule change should help eliminate the distortive practice of trade shredding, and, therefore, promote just and equitable principles of trade. --------------------------------------------------------------------------- \4\ In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). See 15 U.S.C. 78c(f). \5\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,\6\ that the proposed rule change (File No. SR-CHX-2006-03), be and hereby is, approved. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6070 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.387475

FR

FR-2006-04-24/E6-6066

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21060-21062] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6066] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53671; File Nos. SR-FICC-2006-03 and SR-NSCC-2006-03] Self-Regulatory Organizations; Fixed Income Clearing Corporation and National Securities Clearing Corporation; Notice of Filing of Proposed Rule Changes To Institute a Clearing Fund Premium Based Upon a Member's Clearing Fund Requirement To Excess Regulatory Capital Ratio April 18, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on February 22, 2006, the Fixed Income Clearing Corporation (``FICC'') and the National Securities Clearing Corporation (``NSCC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule changes described in Items I, II, and III below, which items have been primarily prepared by FICC and NSCC. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested parties. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Changes FICC and NSCC are seeking to institute a clearing fund premium on their members based on a member's clearing fund requirement to excess regulatory capital ratio. [[Page 21061]] II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes In its filing with the Commission, FICC and NSCC included statements concerning the purpose of and basis for the proposed rule changes and discussed any comments they received on the proposed rule changes. The text of these statements may be examined at the places specified in Item IV below. FICC and NSCC have prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.\2\ --------------------------------------------------------------------------- \2\ The Commission has modified the text of the summaries prepared by FICC and NSCC. --------------------------------------------------------------------------- (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes 1. FICC Clearing Fund Premium The degree to which the collateral requirement of a clearing agency member compares to the member's excess regulatory capital is an important indicator of the potential risk that the member presents to the clearing agency. In 2002, the Government Securities Clearing Corporation (``GSCC''), the predecessor to the Government Securities Division (``GSD'') of FICC, received Commission approval to impose a collateral premium on netting members whose clearing fund requirement exceeds their excess regulatory capital.\3\ Specifically, the GSD currently imposes a 25 percent collateral premium when a member's ratio of clearing fund requirement to excess net capital, excess liquid capital, excess regulatory capital, or excess adjusted capital is greater than 1.0. The 25 percent premium is applied to the amount by which the member's clearing fund requirement exceeds the member's excess regulatory capital. --------------------------------------------------------------------------- \3\ Securities Exchange Act Release No. 45647 (March 26, 2002), 67 FR 15438 (April 1, 2002) [File No. SR-GSCC-2001-15]. ``Excess regulatory capital'' for purposes of GSD's collateral premium included excess net capital, excess liquid capital, or excess adjusted capital. --------------------------------------------------------------------------- In order to more effectively manage the risk posed by a GSD member whose activity causes it to have a clearing fund requirement that is greater than its excess regulatory capital, FICC now proposes to strengthen the above-mentioned risk management tool by applying a clearing fund premium that is equal to the member's ratio of clearing fund requirement to excess regulatory capital in place of the current flat premium of 25 percent.\4\ The premium would be determined by multiplying: (a) The amount by which a member's clearing fund requirement exceeds its capital by (b) the member's ratio of clearing fund to excess regulatory capital expressed as a percent. This formula would allow the premium to increase or decrease in proportion to changes in the ratio and should allow for risk management that is measured in proportion to the risk presented. For example, if a member has a clearing fund requirement of $11.4 million and excess net capital of $10 million, its ratio is 1.14 (or 114 percent), and the applicable collateral premium would be 114 percent of $1.4 million (i.e., the amount by which the member's clearing fund requirement exceeds its excess net capital) or $1,596,000. If the same member had a clearing fund requirement of $20 million, its ratio would be 2.0 (or 200 percent), and the applicable collateral premium would be 200 percent of $10 million or $20 million. --------------------------------------------------------------------------- \4\ If FICC imposes this premium on a Netting Member, then it shall be considered included as part of the netting member's ``required fund deposit'' as defined in the GSD's rules. --------------------------------------------------------------------------- Currently, the collateral premium applies to members whose excess regulatory capital is measured as excess net capital, excess liquid capital, or excess adjusted net capital. The proposed rule change seeks to also include excess equity capital as regulatory excess capital so that the premium can be applied to bank and trust company netting members whose capital is measured as equity capital. The proposed rule change also seeks an additional change to Rule 4 (Clearing Fund, Watch List and Loss Allocation), Section 3 (Watch List) to remove a provision which states that FICC may require a netting member to adjust its trading activity so that its excess regulatory capital ratio decreases to a satisfactory level. This provision was appropriate under the fixed 25 percent premium but no longer would be appropriate because the proposed rule change would impose a variable premium based on activity which would require members to adjust their trading activity or be subject to the higher premium. 2. NSCC Clearing Fund Premium NSCC is proposing to impose a clearing fund premium on Rule 2 (Members) broker/dealer and bank members whose clearing fund requirement exceeds their regulatory excess capital. NSCC's proposed excess regulatory capital premium would apply to members whose regulatory excess capital is measured as excess net capital or excess equity capital. The excess regulatory capital premium would be triggered when a member's ratio of clearing fund requirement to excess regulatory capital is greater than 1.0 and would be determined using the same formula as that proposed by FICC. The new premium would be added to NSCC's clearing fund formula in Procedure XV (Clearing Fund Formula and Other Matters).\5\ --------------------------------------------------------------------------- \5\ This premium would not apply to the Canadian Depository for Securities Limited (``CDS'') clearing fund requirement that is computed pursuant to Appendix 1 of NSCC's rules. --------------------------------------------------------------------------- As a matter of practice, when a FICC or NSCC member's clearing fund requirement to excess regulatory capital ratio is between .50 and 1.0, a warning notification will be issued which will put the member on notice that a collateral premium will be required if the ratio reaches an amount greater than 1.0. When a member's ratio exceeds 1.0, it will be notified on that business day that a collateral premium has been calculated and will be collected. FICC and NSCC will reserve the right to: (i) Apply a lesser collateral premium (including no premium) based on specific circumstances (such as a member being subject to an unexpected haircut or capital charge that does not fundamentally change its risk profile) and (ii) return all or a portion of the premium amount if it believes that the member's risk profile does not require the maintenance of that amount. FICC and NSCC believe that the proposed rule changes are consistent with the requirements of Section 17A of the Act \6\ and the rules and regulations thereunder applicable to FICC and NSCC because they should help FICC and NSCC assure the safeguarding of securities and funds which are in their custody or control or for which they are responsible by allowing FICC and NSCC to more effectively manage risk presented by certain members. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78q-1. --------------------------------------------------------------------------- (B) Self-Regulatory Organization's Statement on Burden on Competition FICC and NSCC do not believe that the proposed rule changes would impose any burden on competition. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Changes Received From Members, Participants or Others Written comments were not and are not intended to be solicited with respect to the proposed rule changes, and none have been received. [[Page 21062]] III. Date of Effectiveness of the Proposed Rule Changes and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule changes or (B) institute proceedings to determine whether the proposed rule changes should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule changes are consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Numbers SR-FICC-2006-03 and SR-NSCC-2006-03 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Numbers SR-FICC-2006-03 and SR-NSCC-2006-03. These file numbers should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule changes that are filed with the Commission, and all written communications relating to the proposed rule changes between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549. Copies of such filings also will be available for inspection and copying at the principal offices of FICC and NSCC and on FICC's Web site at http://www.ficc.com/gov/gov.docs.jsp?NS-query and on NSCC's Web site at http://www.nscc.com/legal/ All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Numbers SR-FICC-2006-03 and SR-NSCC-2006-03 and should be submitted on or before May 15, 2006. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-6066 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.409367

FR

FR-2006-04-24/E6-6076

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21062-21063] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6076] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53669; File No. SR-NASD-2006-046] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Technical Amendments to Rule 3080 (Disclosure to Associated Persons When Signing Form U-4) April 18, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 13, 2006, the National Association of Securities Dealers, Inc. (``NASD'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by NASD. NASD filed the proposed rule change as a ``non-controversial'' rule change under Rule 19b-4(f)(6) under the Act,\3\ which rendered the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NASD proposes to amend NASD Rule 3080 (Disclosure to Associated Persons When Signing Form U-4) to correct the reference to the name of the Form U4 (Uniform Application for Securities Industry Registration or Transfer) and the location of the predispute arbitration clause in the Form U4. The text of the proposed rule change is available on NASD's Web site, http://www.nasd.com, at NASD's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NASD has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NASD Rule 3080 requires that members disclose to associated persons certain information regarding the nature and process of arbitration proceedings that the associated person agrees to be bound by upon signing a Form U4. The references to the name of the Form and the location of the predispute arbitration clause in the Form are not correct due to prior amendments to the Form.\4\ Accordingly, the proposed rule change will amend NASD Rule 3080 to eliminate the hyphen in the name of the Form U4 and to indicate that the predispute arbitration clause is in Item 5 of section 15A of the Form U4. The effective date and the implementation date of the proposed rule change will be the date of filing. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release Nos. 48161 (July 10, 2003), 68 FR 42444 (July 17, 2003) (SR-NASD-2003-57) (which, among other things, changed the name of the Form from ``U-4'' to ``U4'') and 45531 (March 11, 2002), 67 FR 11735 (March 15, 2002) (SR-NASD- 2002-05) (which, among other things, relocated the predispute arbitration clause to a new Section 15A of the Form U4). --------------------------------------------------------------------------- 2. Statutory Basis NASD believes that the proposed rule change is consistent with section 15A of [[Page 21063]] the Act,\5\ in general, and section 15A(b)(6) \6\ of the Act, in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. NASD believes that amending the references in NASD Rule 3080 to the name of the Form and the location of the predispute arbitration clause in the Form will eliminate confusion as to these points. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78o-3. \6\ 15 U.S.C. 78o-3(b)(6). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition NASD does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others NASD has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change: (i) Does not significantly affect the protection of investors or the public interest; (ii) does not impose any significant burden on competition; and (iii) by its terms, does not become operative for 30 days after the date of filing, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act \7\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\8\ --------------------------------------------------------------------------- \7\ 15 U.S.C. 78s(b)(3)(A). \8\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- NASD has requested that the Commission waive the 30-day operative delay period for ``non-controversial'' proposals and make the proposed rule change effective and operative upon filing. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest, because the proposed rule change is intended to correct references and cross- references in NASD 3080 which are no longer correct due to the operation of prior rule changes. For this reason, the Commission designates the proposal to be effective and operative upon filing with the Commission.\9\ --------------------------------------------------------------------------- \9\ For the purposes only of accelerating the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Number SR-NASD-2006-046 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASD-2006-046. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NASD. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASD-2006-046 and should be submitted on or before May 15, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6076 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.440628

FR

FR-2006-04-24/E6-6067

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21063-21064] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6067] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53663; File No. SR-NSX-2006-05] Self-Regulatory Organizations; National Stock Exchange; Notice of Filing of Proposed Rule Change To Prohibit Tape Shredding April 17, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, as amended, (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 4, 2006, National Stock Exchange SM (``NSX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to add an interpretation to Rule 3.1, which identifies the splitting of any order into multiple smaller orders (``tape shredding'') for any purpose other than best execution as contrary to the high standards of commercial honor and just and equitable principles of trade. The text of the proposed rule change is below. Proposed new language is in italic. RULES OF NATIONAL STOCK EXCHANGE * * * * * [[Page 21064]] CHAPTER III. Rules of Fair Practice Rule 3.1. Business Conduct of Members A member, in the conduct of his business, shall observe high standards of commercial honor and just and equitable principles of trade Interpretations and Policies: 01. A member may not split any order into multiple smaller orders for any purpose other than seeking the best execution for the entire order. * * * * * II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NSX has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Commission has expressed concern that participants in the United States securities markets may be engaging in the practice of ``tape shredding,'' the practice of unbundling customer orders into multiple smaller orders for the primary purpose of maximizing payments to the participant or participant firms. Accordingly, the Commission has requested self-regulatory organizations to adopt rules to prohibit the practice. The Exchange strongly believes that the practice of tape shredding is inappropriate and should be prohibited. Further, it believes that tape shredding constitutes conduct that is inconsistent with the high standard of commercial honor and just and equitable principles of trade. Accordingly, the Exchange is adding an interpretation and policy to its Rule 3.1 to explicitly prohibit NSX members from splitting large orders into multiple smaller orders for any purpose other than best execution. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\3\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\4\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of, a free and open market and a national market system, and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f(b). \4\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Number SR-NSX-2006-05 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NSX-2006-05. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal offices of NSX. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NSX-2006-05 and should be submitted on or before May 15, 2006. --------------------------------------------------------------------------- \5\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\5\ Nancy M. Morris, Secretary. [FR Doc. E6-6067 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.458090

FR

FR-2006-04-24/E6-6073

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21064-21074] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6073] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53658; File No. SR-NYSE-2006-20] Self-Regulatory Organizations; New York Stock Exchange, LLC; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto to List and Trade Index-Linked Securities of Barclays Bank PLC Linked to the Performance of the GSCI[supreg] Total Return Index April 14, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on March 13, 2006 the New York Stock Exchange LLC (``NYSE'' or ``Exchange'') filed with the [[Page 21065]] Securities and Exchange Commission (``Commission'' or ``SEC'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. On March 27, 2006, NYSE filed Amendment No. 1 to the proposed rule change.\3\ The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ In Amendment No. 1, the Exchange notes a proposed Supplementary Material to Rule 1301B in SR-NYSE-2006-17, which sets forth guidelines for specialists applicable to this product. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The NYSE proposes to list and trade Index-Linked Securities (the ``Notes'') of Barclays Bank PLC (``Barclays'') linked to the performance of the GSCI[supreg] Total Return Index (the ``Index''). The text of the proposed rule change is available on the Exchange's Web site (http://www.nyse.com), at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the NYSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NYSE has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Notes Under section 703.19 of the NYSE Listed Company Manual (the ``Manual''), the Exchange may approve for listing and trading securities not otherwise covered by the criteria of sections 1 and 7 of the Manual, provided the issue is suited for auction market trading.\4\ The Exchange proposes to list and trade, under section 703.19 of the Manual, the Notes, which are linked to the performance of the Index. Barclays intends to issue the Notes under the name ``iPath \SM\ Exchange-Traded Notes.'' \5\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 28217 (July 18, 1990), 55 FR 30056 (July 24, 1990) (SR-NYSE-90-30). \5\ Goldman, Sachs & Co. and Barclays have entered into a license agreement granting to Barclays a non-transferable, non- exclusive license to use the Goldman Sachs Commodity Index[supreg] or any sub-indices (individually and collectively, the ``GSCI [supreg]'') in connection with the Notes. Goldman, Sachs & Co. or any of its affiliates or subsidiaries, individually or collectively, are referred to as the ``Index Sponsor.'' --------------------------------------------------------------------------- The Exchange believes that the Notes will conform to the initial listing standards for equity securities under section 703.19 of the Manual, as Barclays is an affiliate of Barclays PLC,\6\ an Exchange listed company in good standing, the Notes will have a minimum life of one year, the minimum public market value of the Notes at the time of issuance will exceed $4 million, there will be at least one million Notes outstanding, and there will be at least 400 holders at the time of issuance. --------------------------------------------------------------------------- \6\ The issuer of the Notes, Barclays, is an affiliate of an Exchange-listed company (Barclays PLC) and not an Exchange-listed company itself. However, Barclays, though an affiliate of Barclays PLC, would exceed the Exchange's earnings and minimum tangible net worth requirements in section 102. Additionally, the Exchange states that the Notes when combined with the original issue price of all other Note offerings of the issuer that are listed on a national securities exchange (or association) does not exceed 25% of the issuer's net worth. Telephone conference between Florence E. Harmon, Senior Special Counsel, Division of Market Regulation (``Division''), Commission, and John Carey, Assistant General Counsel, Exchange, on April 11, 2006 (``April 11 Telephone Conference''). --------------------------------------------------------------------------- The Notes are a series of medium-term debt securities of Barclays that provide for a cash payment at maturity or upon earlier exchange at the holder's option, based on the performance of the Index subject to the adjustments described below. The principal amount of each Note is expected to be $50. The Notes will trade on the Exchange's equity trading floor, and the Exchange's existing equity trading rules will apply to trading in the Notes. The Notes will not have a minimum principal amount that will be repaid and, accordingly, payment on the Notes prior to or at maturity may be less than the original issue price of the Notes. In fact, the value of the Index must increase for the investor to receive at least the $50 principal amount per Note at maturity or upon exchange or redemption. If the value of the Index decreases or does not increase sufficiently to offset the investor fee (described below), the investor will receive less, and possibly significantly less, than the $50 principal amount per Note. In addition, holders of the Notes will not receive any interest payments from the Notes. The Notes are expected to have a term of 30 years. The Notes are not callable.\7\ --------------------------------------------------------------------------- \7\ April 11 Telephone Conference. --------------------------------------------------------------------------- Holders who have not previously redeemed their Notes will receive a cash payment at maturity equal to the principal amount of their Notes times the index factor on the Final Valuation Date (as defined below) minus the investor fee on the Final Valuation Date. The ``index factor'' on any given day will be equal to the closing value of the Index on that day divided by the initial index level. The index factor on the Final Valuation Date will be equal to the final index level divided by the initial index level. The ``initial index level'' is the closing value of the Index on the date of issuance of the Notes (the ``Trade Date''), and the ``final index level'' is the closing value of the Index on the Final Valuation Date. The investor fee is equal to 0.75% per year times the principal amount of a holder's Notes times the index factor, calculated on a daily basis in the following manner: the investor fee on the Trade Date will equal zero. On each subsequent calendar day until maturity or early redemption, the investor fee will increase by an amount equal to 0.75% times the principal amount of a holder's Notes times the index factor on that day (or, if such day is not a trading day, the index factor on the immediately preceding trading day) divided by 365. The investor fee is the only fee holders will be charged in connection with their ownership of the Notes. Prior to maturity, holders may, subject to certain restrictions, redeem their Notes on any Redemption Date (defined below) during the term of the Notes provided that they present at least 50,000 Notes for redemption, or they act through a broker or other financial intermediaries (such as a bank or other financial institution not required to register as a broker-dealer to engage in securities transactions) that are willing to bundle their Notes for redemption with other investors' Notes. If a holder chooses to redeem such holder's Notes on a Redemption Date, such holder will receive a cash payment on such date equal to the principal amount of such holder's Notes times the index factor on the applicable Valuation Date minus the investor fee on the applicable Valuation Date. A ``Redemption Date'' is the third business day following a Valuation Date (other than the Final Valuation Date (defined below)). A ``Valuation Date'' is each Thursday from the first Thursday after issuance of the Notes until the last Thursday before maturity of the Notes (the ``Final Valuation Date'') inclusive (or, if such date is not a trading day,\8\ [[Page 21066]] the next succeeding trading day), unless the calculation agent determines that a market disruption event, as described below, occurs or is continuing on that day.\9\ In that event, the Valuation Date for the maturity date or corresponding Redemption Date, as the case may be, will be the first following trading day on which the calculation agent determines that a market disruption event does not occur and is not continuing. In no event, however, will a Valuation Date be postponed by more than five trading days. --------------------------------------------------------------------------- \8\ A ``trading day'' is a day on which (i) the value of the Index is published by the Index Sponsor, (ii) trading is generally conducted on the Exchange, and (iii) trading is generally conducted on the markets on which the futures contracts underlying the GSCI[supreg] are traded, in each case as determined by the calculation agent in its sole discretion. \9\ Barclays will serve as the initial calculation agent. --------------------------------------------------------------------------- Any of the following will be a market disruption event: (i) A material limitation, suspension or disruption in the trading of any Index component that results in a failure by the trading facility on which the relevant contract is traded to report a daily contract reference price (i.e., the price of the relevant contract that is used as a reference or benchmark by market participants);\10\ (ii) the daily contract reference price for any Index component is a ``limit price,'' which means that the daily contract reference price for such contract has increased or decreased from the previous day's daily contract reference price by the maximum amount permitted under the applicable rules or procedures of the relevant trading facility; (iii) failure by the Index Sponsor to publish the closing value of the Index or of the applicable trading facility or other price source to announce or publish the daily contract reference price for one or more Index components; or (iv) any other event, if the calculation agent determines in its sole discretion that the event materially interferes with Barclays' ability or the ability of any of Barclays' affiliates to unwind all or a material portion of a hedge with respect to the Notes that Barclays or Barclays' affiliates have effected or may effect as described herein in connection with the sale of the Notes.\11\ --------------------------------------------------------------------------- \10\ The ``daily contract reference price'' with respect to each contract expiration and contract is the price of the relevant contract, expressed in U.S. dollars, that is generally used by participants in the related cash or over-the-counter market as a benchmark for transactions related to such contract. The daily contract reference price may, but is not required to, be the price (i) used by such trading facility or related clearing facility to determine the margin obligations (if any) of its members or participants or (ii) referred to generally as the reference, closing or settlement price of the relevant contract. If a trading facility publishes a daily settlement price for a particular contract expiration, such settlement price will generally serve as the daily contract reference price for such contract expiration unless, in the reasonable judgment of the Index Sponsor, in consultation with the Policy Committee, such settlement price does not satisfy the criteria set forth in this definition. The daily contract reference price of a contract may be determined and published either by the relevant trading facility or by one or more third parties. \11\ If a ``market disruption event'' is of more than a temporary nature, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra. Telephone conference between Florence Harmon, Senior Special Counsel, Division, Commission; John Carey, Assistant General Counsel, Exchange; and Michael Cavalier, Assistant General Counsel, Exchange, on April 10, 2006 (``April 10 Telephone Conference''). --------------------------------------------------------------------------- If a Valuation Date is postponed by five trading days, that fifth day will nevertheless be the date on which the value of the Index will be determined by the calculation agent. In such an event, the calculation agent will make a good faith estimate in its sole discretion of the value of the Index. To redeem their Notes, holders must instruct their broker or other person through whom they hold their Notes to take the following steps: Deliver a notice of redemption to Barclays via email by no later than 11 a.m. New York time on the business day prior to the applicable Valuation Date. If Barclays receives such notice by the time specified in the preceding sentence, it will respond by sending the holder a confirmation of redemption; Deliver the signed confirmation of redemption to Barclays via facsimile in the specified form by 4 p.m. New York time on the same day. Barclays must acknowledge receipt in order for the confirmation to be effective; and Transfer such holder's book-entry interest in its Notes to the trustee, The Bank of New York, on Barclays' behalf at or prior to 10 a.m. New York time on the applicable Redemption Date (the third business day following the Valuation Date).\12\ --------------------------------------------------------------------------- \12\ April 10 Telephone Conference. --------------------------------------------------------------------------- If holders elect to redeem their Notes, Barclays may request that Barclays Capital Inc. (a broker-dealer) purchase the Notes for the cash amount that would otherwise have been payable by Barclays upon redemption. In this case, Barclays will remain obligated to redeem the Notes if Barclays Capital Inc. fails to purchase the Notes. Any Notes purchased by Barclays Capital Inc. may remain outstanding. If an event of default occurs and the maturity of the Notes is accelerated Barclays will pay the default amount in respect of the principal of the Notes at maturity. The default amount for the Notes on any day will be an amount, determined by the calculation agent in its sole discretion, equal to the cost of having a qualified financial institution, of the kind and selected as described below, expressly assume all Barclays' payment and other obligations with respect to the Notes as of that day and as if no default or acceleration had occurred, or to undertake other obligations providing substantially equivalent economic value to the holders of the Notes with respect to the Notes. That cost will equal: The lowest amount that a qualified financial institution would charge to effect this assumption or undertaking, plus The reasonable expenses, including reasonable attorneys' fees, incurred by the holders of the Notes in preparing any documentation necessary for this assumption or undertaking.\13\ --------------------------------------------------------------------------- \13\ Additional information about the default provisions of the Notes is provided in the Exchange's Form 19b-4 and Barclays Bank PLC Registration Statement Form F-3 (333-126811), as amended by Amendment No. 1 on September 11, 2005. --------------------------------------------------------------------------- Indicative Value An intraday ``Indicative Value'' meant to approximate the intrinsic economic value of the Notes will be calculated and published via the facilities of the Consolidated Tape Association (``CTA'') every 15 seconds throughout the NYSE trading day on each day on which the Notes are traded on the Exchange.\14\ Additionally, Barclays or an affiliate will calculate and publish the closing Indicative Value of the Notes on each trading day at www.ipathetn.com. In connection with the Notes, the term ``Indicative Value'' refers to the value at a given time determined based on the following equation: --------------------------------------------------------------------------- \14\ The Indicative Value calculation will be provided for reference purposes only. It is not intended as a price or quotation, or as an offer or solicitation for the purchase, sale, redemption or termination of the Notes, nor does it reflect hedging or transaction costs, credit considerations, market liquidity, or bid-offer spreads. Published Index levels from the index sponsors may occasionally be subject to delay or postponement. Any such delays or postponements will affect the Current Index Level and therefore the Indicative Value of the Notes. Index levels provided by the index sponsors will not necessarily reflect the depth and liquidity of the underlying commodities markets. For this reason and others, the actual trading price of the Notes may be different from their Indicative Value. Indicative Value = Principal Amount per Unit X (Current Index Level --------------------------------------------------------------------------- Initial Index Level)--Current Investor Fee where: Principal Amount per Unit = $50. Current Index Level = The most recent published level of the Index as reported by the Index Sponsor. Initial Index Level = The Index level on the trade date for the Notes. [[Page 21067]] Current Investor Fee = The most recent daily calculation of the investor fee with respect to the Notes, determined as described above (which, during any trading day, will be the investor fee determined on the preceding calendar day). The Indicative Value will not reflect price changes to the price of an underlying commodity between the close of trading of the futures contract at the relevant futures exchange and the close of trading on the NYSE at 4 p.m. New York time.\15\ The value of the Notes may accordingly be influenced by non-concurrent trading hours between the NYSE and the various futures exchanges on which the futures contracts based on the Index commodities are traded. While the Notes will trade on the NYSE from 9:30 a.m. to 4 p.m. New York time, the table below lists the trading hours for each of the Index components.\16\ --------------------------------------------------------------------------- \15\ April 10 Telephone Conference. \16\ Id. CBOT: Corn.................................... 10:30 a.m.-2:15 p.m. Soybeans................................ 10:30 a.m.-2:15 p.m. Wheat................................... 10:30 a.m.-2:15 p.m. CME: Feeder Cattle........................... 10:05 a.m.-2 p.m. Lean Hogs............................... 10:10 a.m.-2 p.m. Live Cattle............................. 10:05 a.m.-2 p.m. COMEX: Gold.................................... 8:20 a.m.-1:30 p.m. Silver.................................. 8:25 a.m.-1:25 p.m. CSCE: Coffee.................................. 9:15 a.m.-12:30 p.m. Cocoa................................... 8 a.m.-11:50 a.m. Sugar 11....................... 9 a.m.-12 p.m. ICE Futures: Brent Crude Oil......................... 8 p.m.-5 p.m. Gas Oil................................. 8 p.m.-5 p.m. KCBOT: Kansas Wheat............................ 10:30 a.m.-2:15 p.m. NYBOT: Cotton 2....................... 10:30 a.m.-2:15 p.m. NYMEX: Heating Oil............................. 10:05 a.m.-2:30 p.m. Natural Gas............................. 10 a.m.-2:30 p.m. Unleaded Gasoline....................... 10:05 a.m.-2:30 p.m. WTI Crude Oil........................... 10 a.m.-2:30 p.m. LME: Aluminum................................ 6:55 a.m.-12 p.m. Copper.................................. 7 a.m.-12 p.m. Lead.................................... 7:05 a.m.-11:50 a.m. Nickel.................................. 7:15 a.m.-11:55 a.m. Zinc.................................... 7:10 a.m.-11:55 a.m. While the market for futures trading for each of the Index commodities is open, the Indicative Value can be expected to closely approximate the redemption value of the Notes. However, during NYSE trading hours when the futures contracts have ceased trading, spreads and resulting premiums or discounts may widen, and therefore, increase the difference between the price of the Notes and their redemption value. The Indicative Value disseminated during NYSE trading hours should not be viewed as a real time update of the redemption value. Description of the Index The Exchange states that all disclosure in this filing regarding the Index and the GSCI[supreg] is derived from publicly available information. The GSCI is a separate index from the Index; however, the value of the Index is derived from the GSCI, as described below.\17\ --------------------------------------------------------------------------- \17\ Telephone conference between Florence E. Harmon, Senior Special Counsel, Division, Commission, and John Carey, Assistant General Counsel, Exchange, on April 14, 2006 (``April 14 Telephone Conference with John Carey''). See also footnote 5, supra. --------------------------------------------------------------------------- The Index was established in May 1991, and is designed to be a diversified benchmark for physical commodities as an asset class. The Index reflects the excess returns that are potentially available through an unleveraged investment in the contracts comprising the GSCI[supreg] plus the Treasury Bill rate of interest that could be earned on funds committed to the trading of the underlying contracts.\18\ The value of the Index, on any given day, reflects (i) the price levels of the contracts included in the GSCI[supreg] (which represents the value of the GSCI[supreg]); (ii) the ``contract daily return,'' which is the percentage change in the total dollar weight of the GSCI[supreg] from the previous day to the current day; and (iii) the Treasury Bill rate of interest that could be earned on funds committed to the trading of the underlying contracts. --------------------------------------------------------------------------- \18\ The Treasury Bill rate of interest used for purposes of calculating the index on any day is the 91-day auction high rate for U.S. Treasury Bills, as reported on Telerate page 56, or any successor page, on the most recent of the weekly auction dates prior to such day. --------------------------------------------------------------------------- Because the value of the Index reflects the futures contracts included in the GSCI, the Exchange below describes the index methodology for the GSCI. The GSCI[supreg], upon which the Index is based, is a proprietary index on a production-weighted basket of futures contracts on physical commodities traded on trading facilities in major industrialized countries.\19\ The GSCI[supreg] is designed to be a measure of the performance over time of the markets for these commodities. The only commodities represented in the GSCI[supreg] are those physical commodities on which active and liquid contracts are traded on trading facilities in major industrialized countries. The commodities represented in the GSCI[supreg] are weighted, on a production basis, to reflect their relative significance (in the view of the Index Sponsor, in consultation with the Policy Committee) to the world economy. The fluctuations in the value of the GSCI[supreg] are intended generally to correlate with changes in the prices of such physical commodities in global markets. The value of the GSCI[supreg] has been normalized such that its hypothetical level on January 2, 1970 was 100. Futures contracts on the GSCI[supreg], and options on such futures contracts, are currently listed for trading on the Chicago Mercantile Exchange. --------------------------------------------------------------------------- \19\ Futures contracts on physical commodities and commodity indices are traded on regulated futures exchanges. Futures exchanges in the United States are subject to regulation by the Commodity Futures Trading Commission (``CFTC'') and futures markets outside the United States are generally subject to regulation by comparable regulatory authorities. --------------------------------------------------------------------------- The contracts to be included in the GSCI[supreg] at any given time must satisfy several sets of eligibility criteria established by the Index Sponsor.\20\ First, the Index Sponsor identifies those contracts that meet the general criteria for eligibility. Second, the contract volume and weight requirements are applied and the number of contracts is determined, which serves to reduce the list of eligible contracts. At that point, the list of designated contracts for the relevant period is complete. The composition of the GSCI[supreg] is also reviewed on a monthly basis by the Index Sponsor.\21\ --------------------------------------------------------------------------- \20\ Goldman, Sachs & Co. is the Index Sponsor for both the Index and the GSCI. Telephone conference between Florence E. Harmon, Senior Special Counsel, Division, Commission, and Michael Cavalier, Assistant General Counsel, Exchange, on April 13, 2006 (``April 13 Telephone Conference''). \21\ The Index Sponsor, Goldman, Sachs & Co., who calculates the GSCI and thus the Index, is a broker-dealer. The Index Sponsor has represented to Barclays that it will (i) implement and maintain procedures reasonably designed to prevent the use and dissemination by officers and directors of the Index Sponsor, in violation of applicable laws, rules and regulations, of material non-public information relating to changes in the composition or method of computation or calculation of the Index and (ii) periodically check the application of such procedures as they relate to officers and directors of the Index Sponsor directly responsible for such changes. In addition, the Policy Committee members (as described below) are subject to written policies with respect to material, non-public information. Telephone conversation between Florence Harmon, Senior Special Counsel, Division, Commission; John Carey, Assistant General Counsel, Exchange; and Michael Cavalier, Assistant General Counsel, Exchange, on April 14, 2006 (``April 14 Telephone Conference with John Carey and Michael Cavalier''). --------------------------------------------------------------------------- Set forth below is a summary of the composition of and the methodology used to calculate the GSCI[supreg] as of this date. The methodology for determining the composition and weighting of the GSCI[supreg] and for calculating its value is subject to modification in a manner consistent with the purposes of the GSCI[supreg], as described below. The Index Sponsor makes the official calculations of the GSCI[supreg]. At present, this calculation is performed continuously [[Page 21068]] and is reported on Reuters page GSCI[supreg] (or any successor or replacement page) and will be updated on Reuters at least every 15 seconds during business hours on each day on which the offices of the Index Sponsor in New York City are open for business (a ``GSCI Business Day'').\22\ The settlement price for the Index is also reported on Reuters page GSCI[supreg] (or any successor or replacement page) on each GSCI Business Day between 4 p.m. and 6 p.m., New York time. --------------------------------------------------------------------------- \22\ Additionally, the intraday index value of the Index will be updated and disseminated at least every 15 seconds by a major market data vendor during the time the Notes trade on the Exchange. April 13 Telephone Conference. The intraday information with respect to the Index reported on Reuters is derived solely from trading prices on the principal trading markets for the various Index components. For example, the Index currently includes contracts traded on ICE Futures (``ICE'') and the London Metal Exchange (the ``LME''), both of which are located in London and consequently have trading days that end several hours before those of the U.S.-based markets on which the rest of the Index components are traded. During the portion of the New York trading day when ICE and LME are closed, the last reported prices for Index Components traded on ICE or LME are used to calculate the intraday Index information disseminated on Reuters. --------------------------------------------------------------------------- In light of the rapid development of electronic trading platforms and the potential for significant shifts in liquidity between traditional exchanges and such platforms, the Index Sponsor has undertaken a review of both the procedures for determining the contracts to be included in the GSCI[supreg], as well as the procedures for evaluating available liquidity on an intra-year basis in order to provide GSCI[supreg] market participants with efficient access to new sources of liquidity and the potential for more efficient trading. In particular, the Index Sponsor is examining the conditions under which an instrument traded on an electronic platform, rather than a traditional futures contract traded on a traditional futures exchange, should be permitted to be included in the GSCI[supreg] and how the composition of the GSCI[supreg] should respond to rapid shifts in liquidity between such instruments and contracts currently included in the GSCI[supreg]. Any changes made to the GSCI[supreg] composition or methodology as a result of this examination will be announced by the Index Sponsor and provided in a written statement to any investor upon request to the calculation agent. Barclays will not have any obligation to notify holders of the Notes if the Index Sponsor changes the composition of the GSCI[supreg], the methodology of calculating the value of the GSCI[supreg] or any other policies of the Index Sponsor relevant to the Index. However, the Exchange would have to file a proposed rule change pursuant to Rule 19b-4,\23\ seeking Commission approval to continue trading the Notes. Unless approved for continued listing, the Exchange would commence delisting proceedings.\24\ --------------------------------------------------------------------------- \23\ 17 CFR 240.19b-4. \24\ See ``Continued Listing Criteria,'' infra. April 10 Telephone Conference. --------------------------------------------------------------------------- Index Disruptions The Index is determined, calculated and maintained solely by the Index Sponsor. If the Index Sponsor discontinues publication of the Index and it or any other person or entity publishes a substitute index that the calculation agent determines is comparable to the Index and approves as a successor index then the calculation agent will determine the value of the Index on the applicable Valuation Date and the amount payable at maturity or upon redemption by reference to such successor index. If the calculation agent determines that the publication of the Index is discontinued and that there is no successor index, or that the closing value of the Index is not available because of a market disruption event (as defined below) or for any other reason, on the date on which the value of the Index is required to be determined, or if for any other reason the Index is not available to Barclays or the calculation agent on the relevant date, the calculation agent will determine the amount payable by a computation methodology that the calculation agent determines will as closely as reasonably possible replicate the Index.\25\ --------------------------------------------------------------------------- \25\ In such case, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra. April 10 Telephone Conference. --------------------------------------------------------------------------- If the calculation agent determines that the Index, the Index components or the method of calculating the Index has been changed at any time in any respect--including any addition, deletion or substitution and any reweighting or rebalancing of Index components, and whether the change is made by the Index Sponsor under its existing policies or following a modification of those policies, is due to the publication of a successor index, is due to events affecting one or more of the Index components, or is due to any other reason--then the calculation agent will be permitted (but not required) to make such adjustments to the Index or method of calculating the Index as it believes are appropriate to ensure that the value of the Index used to determine the amount payable on the maturity date or upon redemption is equitable.\26\ --------------------------------------------------------------------------- \26\ Id. --------------------------------------------------------------------------- The Exchange states that all determinations and adjustments to be made by the calculation agent with respect to the value of the Index and the amount payable at maturity or upon redemption or otherwise relating to the value of the Index may be made by the calculation agent in its sole discretion.\27\ --------------------------------------------------------------------------- \27\ Id. --------------------------------------------------------------------------- The Policy Committee The Index Sponsor has established a Policy Committee to assist it with the operation of the GSCI[supreg].\28\ The principal purpose of the Policy Committee is to advise the Index Sponsor with respect to, among other things, the calculation of the GSCI[supreg], the effectiveness of the GSCI[supreg] as a measure of commodity futures market performance and the need for changes in the composition or the methodology of the GSCI[supreg]. The Policy Committee acts solely in an advisory and consultative capacity. All decisions with respect to the composition, calculation and operation of the GSCI[supreg] and the Index are made by the Index Sponsor. --------------------------------------------------------------------------- \28\ The component selections for the GSCI would obviously affect the Index. Telephone conference between Florence Harmon, Senior Special Counsel, Division, Commission, and Michael Cavalier, Assistant General Counsel, Exchange, on April 12, 2006 (``April 12 Telephone Conference''). --------------------------------------------------------------------------- The Policy Committee generally meets in October of each year. Prior to the meeting, the Index Sponsor determines the contracts to be included in the GSCI[supreg] for the following calendar year and the weighting factors for each commodity. The Policy Committee's members receive the proposed composition of the GSCI[supreg] in advance of the meeting and discuss the composition at the meeting. The Index Sponsor also consults the Policy Committee on any other significant matters with respect to the calculation and operation of the GSCI[supreg]. The Policy Committee may, if necessary or practicable, meet at other times during the year as issues arise that warrant its consideration. The Policy Committee currently consists of eight persons, three of whom are employees of the Index Sponsor or its affiliates and five of whom are not affiliated with the Index Sponsor.\29\ --------------------------------------------------------------------------- \29\ The current members of the Policy Committee who are affiliated with the Index Sponsor are Peter O'Hagan, Steven Strongin and Laurie Ferber, each of whom is a Managing Director of Goldman, Sachs & Co. The current non-affiliated members and their affiliations are: Richard Redding (Chicago Mercantile Exchange), Kenneth A. Froot (finance professor at the Harvard Business School), Dan Kelly (Harvard Management Company), Jelle Beenen (PGGM), and Tham Chiew Kit (GIC). As stated, the Policy Committee are subject to written policies with respect to material, non-public information. Telephone conference between Florence Harmon, Senior Special Counsel, Division, Commission, and Michael Cavalier, Assistant General Counsel, Exchange, on April 14, 2006 (``April 14 Telephone Conference with Michael Cavalier''). --------------------------------------------------------------------------- [[Page 21069]] Composition of the GSCI[supreg] In order to be included in the GSCI[supreg], a contract must satisfy the following eligibility criteria: (1) The contract must: Be in respect of a physical commodity (rather than a financial commodity); Have a specified expiration or term, or provide in some other manner for delivery or settlement at a specified time, or within a specified period, in the future; and At any given point in time, be available for trading at least five months prior to its expiration or such other date or time period specified for delivery or settlement. (2) The commodity must be the subject of a contract that: Is denominated in U.S. dollars; and Is traded on or through an exchange, facility or other platform (referred to as a ``trading facility'') that has its principal place of business or operations in a country which is a member of the Organization for Economic Cooperation and Development \30\ and: --------------------------------------------------------------------------- \30\ The Organization for Economic Cooperation and Development has 30 member countries: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States. --------------------------------------------------------------------------- Makes price quotations generally available to its members or participants (and, if the Index Sponsor is not such a member or participant, to the Index Sponsor) in a manner and with a frequency that is sufficient to provide reasonably reliable indications of the level of the relevant market at any given point in time; Makes reliable trading volume information available to the Index Sponsor with at least the frequency required by the Index Sponsor to make the monthly determinations; Accepts bids and offers from multiple participants or price providers; and Is accessible by a sufficiently broad range of participants. (3) The daily contract reference price for the relevant contract generally must have been available on a continuous basis for at least two years prior to the proposed date of inclusion in the GSCI[supreg]. In appropriate circumstances, however, the Index Sponsor may determine that a shorter time period is sufficient or that historical daily contract reference prices for such contract may be derived from daily contract reference prices for a similar or related contract. The daily contract reference price may be (but is not required to be) the settlement price or other similar price published by the relevant trading facility for purposes of margining transactions or for other purposes. (4) At and after the time a contract is included in the GSCI[supreg], the daily contract reference price for such contract must be published between 10 a.m. and 4 p.m., New York time, on each GSCI[supreg] Business Day relating to such contract by the trading facility on or through which it is traded and must generally be available to all members of, or participants in, such facility (and, if the Index Sponsor is not such a member or participant, to the Index Sponsor) on the same day from the trading facility or through a recognized third-party data vendor. Such publication must include, at all times, daily contract reference prices for at least one expiration or settlement date that is five months or more from the date the determination is made, as well as for all expiration or settlement dates during such five-month period. (5) Volume data with respect to such contract must be available for at least the three months immediately preceding the date on which the determination is made. (6) A contract that is not included in the GSCI[supreg] at the time of determination and that is based on a commodity that is not represented in the GSCI[supreg] at such time must, in order to be added to the GSCI[supreg] at such time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least U.S. $15 billion. The total dollar value traded is the dollar value of the total quantity of the commodity underlying transactions in the relevant contract over the period for which the calculation is made, based on the average of the daily contract reference prices on the last day of each month during the period. (7) A contract that is already included in the GSCI[supreg] at the time of determination and that is the only contract on the relevant commodity included in the GSCI[supreg] must, in order to continue to be included in the GSCI[supreg] after such time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least U.S. $5 billion and at least U.S. $10 billion during at least one of the three most recent annual periods used in making the determination. (8) A contract that is not included in the GSCI[supreg] at the time of determination and that is based on a commodity on which there are one or more contracts already included in the GSCI[supreg] at such time must, in order to be added to the GSCI[supreg] at such time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least U.S. $30 billion. (9) A contract that is already included in the GSCI[supreg] at the time of determination and that is based on a commodity on which there are one or more contracts already included in the GSCI[supreg] at such time must, in order to continue to be included in the GSCI[supreg] after such time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least U.S. $10 billion and at least U.S. $20 billion during at least one of the three most recent annual periods used in making the determination. (10) A contract that is already included in the GSCI[supreg] at the time of determination must, in order to continue to be included after such time, have a reference percentage dollar weight of at least 0.10%. The reference percentage dollar weight of a contract is determined by multiplying the CPW (defined below) of a contract by the average of its daily contract reference prices on the last day of each month during the relevant period. These amounts are summed for all contracts included in the GSCI[supreg] and each contract's percentage of the total is then determined. (11) A contract that is not included in the GSCI[supreg] at the time of determination must, in order to be added to the GSCI[supreg] at such time, have a reference percentage dollar weight of at least 1.00%. (12) In the event that two or more contracts on the same commodity satisfy the eligibility criteria, such contracts will be included in the GSCI[supreg] in the order of their respective total quantity traded during the relevant period (determined as the total quantity of the commodity underlying transactions in the relevant contract), with the contract having the highest total quantity traded being included first, provided that no further contracts will be included if such inclusion would result in the portion of the GSCI[supreg] attributable to such commodity exceeding a particular level. If additional contracts could be included with respect to several commodities at the same time, that procedure is first applied with respect to the commodity that has the smallest portion of the GSCI[supreg] attributable to it at [[Page 21070]] the time of determination. Subject to the other eligibility criteria set forth above, the contract with the highest total quantity traded on such commodity will be included. Before any additional contracts on the same commodity or on any other commodity are included, the portion of the GSCI[supreg] attributable to all commodities is recalculated. The selection procedure described above is then repeated with respect to the contracts on the commodity that then has the smallest portion of the GSCI[supreg] attributable to it. Currently, 24 contracts meet the eligibility requirement for inclusion on the GSCI[supreg]. Contracts Included in the GSCI[supreg] for 2006, as of March 2, 2006 ------------------------------------------------------------------------ 2006 Reference Trading facility Commodity price dollar (contract) weight (percent) ------------------------------------------------------------------------ CBOT............................ Wheat (Chicago 2.51 Wheat). KCBOT........................... Wheat (Kansas 1.00 Wheat). CBOT............................ Corn............... 2.35 CBOT............................ Soybeans........... 1.53 CSCE............................ Coffee ``C''....... 0.73 CSCE............................ Sugar 11.. 2.06 CSCE............................ Cocoa.............. 0.19 NYBOT........................... Cotton 2.. 0.93 CME............................. Lean Hogs.......... 1.49 CME............................. Cattle (Live 2.50 Cattle). CME............................. Cattle (Feeder .68 Cattle). NYMEX........................... Oil (No. 2 Heating 8.28 Oil, NY). ICE............................. Oil (Gasoil)....... 4.49 NYMEX........................... Oil (Unleaded Reg 7.55 Gas, NY). NYMEX........................... Oil (WTI Crude Oil) 30.59 ICE............................. Oil (Brent Crude 14.79 Oil). NYMEX........................... Natural Gas........ 7.98 LME............................. High Grade Primary 3.18 Aluminum. LME............................. Copper--Grade A.... 3.09 LME............................. Standard Lead...... 0.33 LME............................. Primary Nickel..... 0.70 LME............................. Special High Grade 0.88 Zinc. COMEX........................... Gold............... 1.94 COMEX........................... Silver............. 0.24 ------------------------------------------------------------------------ Copyright 2006, The Goldman Sachs Group, Inc. Used by permission. The quantity of each of the contracts included in the GSCI[supreg] is determined on the basis of a five-year average (referred to as the ``world production average'') of the production quantity of the underlying commodity as published by the United Nations Statistical Yearbook, the Industrial Commodity Statistics Yearbook and other official sources. However, if a commodity is primarily a regional commodity, based on its production, use, pricing, transportation or other factors, the Index Sponsor may calculate the weight of such commodity based on regional, rather than world, production data. The five-year moving average is updated annually for each commodity included in the GSCI[supreg], based on the most recent five-year period (ending approximately two years prior to the date of calculation and moving backwards) for which complete data for all commodities is available. The contract production weights (the ``CPW'') used in calculating the GSCI[supreg] are derived from world or regional production averages, as applicable, of the relevant commodities, and are calculated based on the total quantity traded for the relevant contract and the world or regional production average, as applicable, of the underlying commodity. However, if the volume of trading in the relevant contract, as a multiple of the production levels of the commodity, is below specified thresholds, the CPW of the contract is reduced until the threshold is satisfied. This is designed to ensure that trading in each such contract is sufficiently liquid relative to the production of the commodity. In addition, the Index Sponsor performs this calculation on a monthly basis and, if the multiple of any contract is below the prescribed threshold, the composition of the GSCI[supreg] is reevaluated, based on the criteria and weighting procedure described above. This procedure is undertaken to allow the GSCI[supreg] to shift from contracts that have lost substantial liquidity into more liquid contracts during the course of a given year. As a result, it is possible that the composition or weighting of the GSCI[supreg] will change on one or more of these monthly Valuation Dates. In addition, regardless of whether any changes have occurred during the year, the Index Sponsor reevaluates the composition of the GSCI[supreg] at the conclusion of each year, based on the above criteria. Other commodities that satisfy such criteria, if any, will be added to the GSCI[supreg]. Commodities included in the GSCI[supreg] which no longer satisfy such criteria, if any, will be deleted. The Index Sponsor also determines whether modifications in the selection criteria or the methodology for determining the composition and weights of and for calculating the GSCI[supreg] are necessary or appropriate in order to assure that the GSCI[supreg] represents a measure of commodity market performance. The Index Sponsor has the discretion to make any such modifications. Contract Expirations Because the GSCI[supreg] is comprised of actively traded contracts with scheduled expirations, it can only be calculated by reference to the prices of contracts for specified expiration, delivery or settlement periods, referred to as ``contract expirations.'' The contract expirations included in the GSCI[supreg] for each commodity during a given year are designated by the Index Sponsor, provided that each such contract must be an ``active contract.'' An ``active contract'' for this purpose is a liquid, actively traded contract expiration, as defined or identified by the relevant trading facility or, if no such definition or identification is provided by the relevant trading facility, as defined by standard custom and practice in the industry. The relative liquidity of the various active contracts is one of the factors that may be taken into consideration in determining which of them the Index Sponsor includes in the GSCI (and thus the Index). If a trading facility deletes one or more contract expirations, the GSCI[supreg] will be calculated during the remainder of the year in which such deletion occurs on the basis of the remaining contract expirations designated by the Index Sponsor. If a trading facility ceases trading in all contract expirations relating to a particular contract, the Index Sponsor may designate a replacement contract on the commodity. The replacement contract must satisfy the eligibility criteria for inclusion in the GSCI[supreg]. To the extent practicable, the replacement will be effected during the next monthly review of the composition of the index. If that timing is not practicable, the Index Sponsor will determine the date of the replacement and will consider a number of factors, including the differences between the existing contract and the replacement contract with respect to contractual specifications and contract expirations. Value of the GSCI[supreg] The value of the GSCI[supreg] on any given day is equal to the total dollar weight of the GSCI[supreg] divided by a normalizing constant that assures the continuity of the GSCI[supreg] over time. The total dollar weight of the GSCI[supreg] is the sum of the dollar weight of each index component. The dollar weight of each such index component on any given day is equal to: The daily contract reference price, [[Page 21071]] Multiplied by the appropriate CPWs, and During a roll period, the appropriate ``roll weights'' (discussed below). The daily contract reference price used in calculating the dollar weight of each index component on any given day is the most recent daily contract reference price made available by the relevant trading facility, except that the daily contract reference price for the most recent prior day will be used if the exchange is closed or otherwise fails to publish a daily contract reference price on that day. In addition, if the trading facility fails to make a daily contract reference price available or publishes a daily contract reference price that, in the reasonable judgment of the Index Sponsor, reflects manifest error, the relevant calculation will be delayed until the price is made available or corrected. However, if the price is not made available or corrected by 4 p.m. New York time, the Index Sponsor, if it deems such action to be appropriate under the circumstances, will determine the appropriate daily contract reference price for the applicable futures contract in its reasonable judgment for purposes of the relevant GSCI[supreg] calculation.\31\ --------------------------------------------------------------------------- \31\ If such actions by the Index Sponsor are implemented on more than a temporary basis, the Exchange will contact the Commission Staff and, as necessary, file a proposed rule change pursuant to Rule 19b-4 seeking Commission approval to continue to trade the Shares. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra. April 10 Telephone Conference. --------------------------------------------------------------------------- Contract Daily Return The contract daily return on any given day is equal to the sum, for each of the commodities included in the GSCI[supreg], of the applicable daily contract reference price on the relevant contract multiplied by the appropriate CPW and the appropriate ``roll weight,'' divided by the total dollar weight of the GSCI[supreg] on the preceding day, minus one. The ``roll weight'' of each commodity reflects the fact that the positions in contracts must be liquidated or rolled forward into more distant contract expirations as they approach expiration. If actual positions in the relevant markets were rolled forward, the roll would likely need to take place over a period of days. Since the GSCI[supreg] is designed to replicate the performance of actual investments in the underlying contracts, the rolling process incorporated in the GSCI[supreg] also takes place over a period of days at the beginning of each month (referred to as the ``roll period''). On each day of the roll period, the ``roll weights'' of the first nearby contract expirations on a particular commodity and the more distant contract expiration into which it is rolled are adjusted, so that the hypothetical position in the contract on the commodity that is included in the GSCI[supreg] is gradually shifted from the first nearby contract expiration to the more distant contract expiration. If on any day during a roll period any of the following conditions exists, the portion of the roll that would have taken place on that day is deferred until the next day on which such conditions do not exist: No daily contract reference price is available for a given contract expiration; Any such price represents the maximum or minimum price for such contract month, based on exchange price limits (referred to as a ``Limit Price''); The daily contract reference price published by the relevant trading facility reflects manifest error, or such price is not published by 4 p.m., New York time. In that event, the Index Sponsor may, but is not required to, determine a daily contract reference price and complete the relevant portion of the roll based on such price; provided, that, if the trading facility publishes a price before the opening of trading on the next day, the Index Sponsor will revise the portion of the roll accordingly; or Trading in the relevant contract terminates prior to its scheduled closing time. If any of these conditions exist throughout the roll period, the roll with respect to the affected contract, will be effected in its entirety on the next day on which such conditions no longer exist. Value of the Index The Exchange now describes the value of the Index (as opposed to the above description of the GSCI) which the Notes are designed to track. The value of the Index on any GSCI Business Day is equal to the product of (1) the value of the Index on the immediately preceding GSCI Business Day multiplied by (2) one plus the sum of the contract daily return and the Treasury Bill return on the GSCI Business Day on which the calculation is made multiplied by (3) one plus the Treasury Bill return for each non-GSCI Business Day since the immediately preceding GSCI Business Day. The Treasury Bill return is the return on a hypothetical investment in the GSCI[supreg] at a rate equal to the interest rate on a specified U.S. Treasury Bill. The initial value of the GSCI[supreg] was normalized such that the hypothetical level of the Index on January 2, 1970 was 100. Historical Performance While the following historical performance table is based on the selection criteria and methodology described herein, the Index was not actually calculated and published prior to May 1, 1991. Accordingly, the following table illustrates: (i) On a hypothetical basis, how the Index would have performed from January 2, 1970 to January 2, 1991 based on the selection criteria and methodology described above; and (ii) On an actual basis, how the Index has performed from January 2, 1992 onwards. January 2, 1970.............................................. 100.00 January 4, 1971.............................................. 115.78 January 3, 1972.............................................. 138.90 January 2, 1973.............................................. 198.45 January 2, 1974.............................................. 354.32 January 2, 1975.............................................. 478.50 January 2, 1976.............................................. 400.02 January 3, 1977.............................................. 351.05 January 3, 1978.............................................. 390.02 January 2, 1979.............................................. 515.25 January 2, 1980.............................................. 692.40 January 2, 1981.............................................. 764.66 January 4, 1982.............................................. 593.61 January 3, 1983.............................................. 657.98 January 3, 1984.............................................. 747.23 January 3, 1985.............................................. 760.67 January 2, 1986.............................................. 833.67 January 2, 1987.............................................. 868.83 January 4, 1988.............................................. 1,105.18 January 3, 1989.............................................. 1,371.33 January 2, 1990.............................................. 1,937.46 January 2, 1991.............................................. 2,346.03 January 2, 1992.............................................. 2,304.20 January 4, 1993.............................................. 2,371.27 January 3, 1994.............................................. 2,111.22 January 3, 1995.............................................. 2,185.21 January 2, 1996.............................................. 2,711.25 January 2, 1997.............................................. 3,591.15 January 2, 1998.............................................. 3,019.39 January 4, 1999.............................................. 1,992.32 January 3, 2000.............................................. 2,766.77 January 2, 2001.............................................. 4,022.43 January 2, 2002.............................................. 2,891.27 January 2, 2003.............................................. 3,819.38 January 2, 2004.............................................. 4,520.70 January 3, 2005.............................................. 5,173.25 January 3, 2006.............................................. 6,729.99 The historical performance of the Index should not be taken as an indication of future performance, and no assurance can be given that the value of the Index will increase sufficiently to cause holders of the Note receive a payment at maturity or upon redemption equal to or in excess of the principal amount of such Notes. Continued Listing Criteria The Exchange prohibits the initial and/or continued listing of any security [[Page 21072]] that is not in compliance with Rule 10A-3 under the Act.\32\ --------------------------------------------------------------------------- \32\ 17 CFR 240.10A-3; see also 15 U.S.C. 78a. --------------------------------------------------------------------------- The Exchange will delist the Notes: If, following the initial twelve month period from the date of commencement of trading of the Notes, the Notes have more than 60 days remaining until maturity and (i) there are fewer than 50 beneficial holders of the Notes for 30 or more consecutive trading days; (ii) if fewer than 50,000 Notes remain issued and outstanding; or (iii) if the market value of all outstanding Notes is less than $1,000,000; If the Index value ceases to be calculated or available during the time the Notes trade on the Exchange on at least every 15 second basis through one or more major market data vendors; \33\ --------------------------------------------------------------------------- \33\ The Exchange confirmed that the Index value (along with the GSCI index value) will be disseminated at least every 15 seconds by one or more major market data vendors during the time the Notes trade on the Exchange. The Exchange also confirmed these indexes have daily settlement values that are widely disclosed. April 13 Telephone Conference. --------------------------------------------------------------------------- If, during the time the Notes trade on the Exchange, the Indicative Value ceases to be available on a 15 second delayed basis; or If such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. Additionally, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act \34\ seeking approval to continue trading the Notes and unless approved, the Exchange will commence delisting the Notes if: --------------------------------------------------------------------------- \34\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- The Index Sponsor substantially changes either the Index component selection methodology or the weighting methodology; If a new component is added to the Index (or pricing information is used for a new or existing component) that constitutes more than 10% of the weight of the Index with whose principal trading market the Exchange does not have a comprehensive surveillance sharing agreement; \35\ or --------------------------------------------------------------------------- \35\ April 10 Telephone Conference. --------------------------------------------------------------------------- If a successor or substitute index is used in connection with the Notes. The filing will address, among other things the listing and trading characteristics of the successor or substitute index and the Exchange's surveillance procedures applicable thereto. Trading Rules The Exchange's existing equity trading rules will apply to trading of the Notes. The Notes will trade between the hours of 9:30 a.m. and 4 p.m. New York time and will be subject to the equity margin rules of the Exchange.\36\ --------------------------------------------------------------------------- \36\ See NYSE Rule 431. --------------------------------------------------------------------------- (1) Trading Halts The Exchange will cease trading the Notes if there is a halt or disruption in the dissemination of the Index value or the Indicative Value.\37\ The Exchange will also cease trading the Notes if a ``market disruption event'' occurs that is of more than a temporary nature.\38\ In the event that the Exchange is open for business on a day that is not a GSCI Business Day, the Exchange will not permit trading of the Notes on that day. --------------------------------------------------------------------------- \37\ In the event the Index value or Indicative Value is no longer calculated or disseminated, the Exchange would immediately contact the Commission to discuss measures that may be appropriate under the circumstances. \38\ In the event a ``market disruption event'' occurs that is of more than a temporary nature, the Exchange would immediately contact the Commission to discuss measures that may be appropriate under the circumstances. --------------------------------------------------------------------------- (2) Specialist Trading Obligations Pursuant to new Supplementary Material .10 to NYSE Rule 1301B, the provisions of NYSE Rules 1300B(b) and 1301B would be applied to certain securities listed on the Exchange pursuant to section 703.19 (``Other Securities'') of the Exchange's Manual. Specifically, NYSE Rules 1300B(b) and 1301B will apply to securities listed under section 703.19 of the Manual where the price of such securities is based in whole or part on the price of (a) a commodity or commodities; (b) any futures contracts or other derivatives based on a commodity or commodities; or (c) any index based on either (a) or (b) above. As a result of application of NYSE Rule 1300B(b), the specialist in the Notes, the specialist's member organization and other specified persons will be prohibited under paragraph (m) of NYSE Rule 105 Guidelines from acting as market maker or functioning in any capacity involving market-making responsibilities in the Index components, the commodities underlying the Index components, or options, futures or options on futures on the Index, or any other derivatives (collectively, ``derivative instruments'') based on the Index or based on any Index component or any physical commodity underlying an Index component. If the member organization acting as specialist in the Notes is entitled to an exemption under NYSE Rule 98 from paragraph (m) of NYSE Rule 105 Guidelines, then that member organization could act in a market making capacity in the Index components, the commodities underlying the Index components, or derivative instruments based on the Index or based on any Index component or commodity underlying an Index component, other than as a specialist in the Notes themselves, in another market center. Under NYSE Rule 1301B(a), the member organization acting as specialist in the Notes (1) will be obligated to conduct all trading in the Notes in its specialist account, (subject only to the ability to have one or more investment accounts, all of which must be reported to the Exchange), (2) will be required to file with the Exchange and keep current a list identifying all accounts for trading in the Index components or the physical commodities underlying the Index components, or derivative instruments based on the Index or based on the Index components or the physical commodities underlying the Index components, which the member organization acting as specialist may have or over which it may exercise investment discretion, and (3) will be prohibited from trading in the Index components or the physical commodities underlying the Index components, or derivative instruments based on the Index or based on the Index components or the physical commodities underlying the Index components, in an account in which a member organization acting as specialist, controls trading activities which have not been reported to the Exchange as required by NYSE Rule 1301B. Under NYSE Rule 1301B(b), the member organization acting as specialist in the Notes will be required to make available to the Exchange such books, records or other information pertaining to transactions by the member organization and other specified persons for its or their own accounts in the Index components or the physical commodities underlying the Index components, or derivative instruments based on the Index or based on the Index components or the physical commodities underlying the Index components, as may be requested by the Exchange. This requirement is in addition to existing obligations under Exchange rules regarding the production of books and records. Under NYSE Rule 1301B(c), in connection with trading the Index components or the physical commodities underlying the Index components, or derivative instruments based on the Index or based on the Index components or the physical commodities underlying the Index components, the specialist could not use any material nonpublic information [[Page 21073]] received from any person associated with a member or employee of such person regarding trading by such person or employee in the Index components or the physical commodities underlying the Index components, or derivative instruments based on the Index or based on the Index components or the physical commodities underlying the Index components. Surveillance The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Notes and the Index components. The Exchange will rely upon existing NYSE surveillance procedures governing equities with respect to surveillance of the Notes. The Exchange believes that these procedures are adequate to monitor Exchange trading of the Notes and to detect violations of Exchange rules, consequently deterring manipulation. In this regard, the Exchange currently has the authority under NYSE Rule 476 to request the Exchange specialist in the Notes to provide NYSE Regulation with information that the specialist uses in connection with pricing the Notes on the Exchange, including specialist proprietary or other information regarding securities, commodities, futures, options on futures or other derivative instruments. The Exchange believes it also has authority to request any other information from its members-- including floor brokers, specialists and ``upstairs'' firms--to fulfill its regulatory obligations. With regard to the Index components, the Exchange can obtain market surveillance information, including customer identity information, with respect to transactions occurring on the New York Mercantile Exchange (``NYMEX''), the Kansas City Board of Trade, ICE, and the LME, pursuant to its comprehensive information sharing agreements with each of those exchanges. All of the other trading venues on which current Index components are traded are members of the Intermarket Surveillance Group (``ISG''), and the Exchange therefore has access to all relevant trading information with respect to those contracts without any further action being required on the part of the Exchange. All these surveillance arrangements constitute comprehensive surveillance sharing arrangements.\39\ --------------------------------------------------------------------------- \39\ April 14 Telephone Conference with John Carey. --------------------------------------------------------------------------- Suitability Pursuant to NYSE Rule 405, the Exchange will impose a duty of due diligence on its members and member firms to learn the essential facts relating to every customer prior to trading the Notes.\40\ With respect to suitability recommendations and risks, the Exchange will require members, member organizations and employees thereof recommending a transaction in the Notes: (1) To determine that such transaction is suitable for the customer, and (2) to have a reasonable basis for believing that the customer can evaluate the special characteristics of, and is able to bear the financial risks of, such transaction. --------------------------------------------------------------------------- \40\ NYSE Rule 405 requires that every member, member firm or member corporation use due diligence to learn the essential facts relative to every customer and to every order or account accepted. --------------------------------------------------------------------------- Information Memorandum The Exchange will, prior to trading the Notes, distribute an information memorandum to the membership providing guidance with regard to member firm compliance responsibilities (including suitability recommendations) when handling transactions in the Notes. The information memorandum will note to members language in the prospectus used by Barclays in connection with the sale of the Notes regarding prospectus delivery requirements for the Notes. Specifically, in the initial distribution of the Notes,\41\ and during any subsequent distribution of the Notes, NYSE members will deliver a prospectus to investors purchasing from such distributors.\42\ --------------------------------------------------------------------------- \41\ The Registration Statement reserves the right to do subsequent distributions of these Notes. \42\ April 10 Telephone Conference. --------------------------------------------------------------------------- The information memorandum will discuss the special characteristics and risks of trading this type of security. Specifically, the information memorandum, among other things, will discuss what the Notes are, how the Notes are redeemed, applicable Exchange rules, dissemination of information regarding the Index value and the Indicative Value, trading information and applicable suitability rules. The information memorandum will also notify members and member organizations about the procedures for redemptions of Notes and that Notes are not individually redeemable but are redeemable only in aggregations of at least 50,000 Notes. The information memorandum will also reference the fact that there is no regulated source of last sale information regarding physical commodities and that the SEC has no jurisdiction over the trading of physical commodities such as aluminum, gold, crude oil, heating oil, corn and wheat, or the futures contracts on which the value of the Notes is based, and that the CFTC has no regulatory jurisdiction over the trading of certain foreign based futures contracts.\43\ The information memorandum will also discuss other exemptive or no- action relief under the Act provided by the Commission staff.\44\ --------------------------------------------------------------------------- \43\ April 14 Telephone Conference with John Carey. \44\ April 10 Telephone Conference. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the basis under the Act for this proposed rule change is the requirement under section 6(b)(5) \45\ that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \45\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change, as amended, will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the NYSE consents, the Commission will: (A) By order approve such proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. The Commission is considering granting accelerated approval of the [[Page 21074]] proposed rule change at the end of a 15-day comment period.\46\ --------------------------------------------------------------------------- \46\ The NYSE has requested accelerated approval of this proposed rule change prior to the 30th day after the date of publication of the notice of the filing thereof, following the conclusion of a 15-day comment period. April 10 Telephone Conference. --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Number SR-NYSE-2006-20 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2006-20. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2006-20 and should be submitted on or before May 9, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\47\ --------------------------------------------------------------------------- \47\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6073 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.487713

FR

FR-2006-04-24/E6-6077

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21074-21087] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6077] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53659; File No. SR-NYSE-2006-17] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto To List and Trade Shares of the iShares GSCI Commodity Indexed Trust Under New Rules 1300B and 1301B, et seq. April 17, 2006. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on March 7, 2006, the New York Stock Exchange LLC (``NYSE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III below, which items have been prepared by the NYSE. On March 24, 2006, the Exchange filed Amendment No. 1 to the proposed rule change.\3\ The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ In Amendment No. 1, the NYSE made some technical and clarifying changes. In addition, the Exchange added Supplementary Material .10 to its proposed Rule 1301B, applying the provisions of its proposed Rules 1300B(b) and 1301B to certain securities listed on the Exchange pursuant to section 703.19 (``Other Securities'') of the NYSE Listed Company Manual, in addition to the securities in this proposal. Specifically, NYSE Rules 1300B(b) and 1301B would apply to securities listed under section 703.19 where the price of such securities is based in whole or part on the price of a commodity or commodities, a commodities index, or any futures contracts or other derivatives based thereon. Examples of the securities to which these securities will apply are the subjects of File No. SR-NYSE-2006-16 (proposal to list and trade Index-Linked Securities of Barclays Bank PLC (``Notes'') linked to the performance of the Dow Jones-AIG Commodity Index Total Return TM and File No. SR-NYSE-2006-20 (proposal to list and trade Notes linked to the performance of GSCI Total Return Index). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The NYSE proposes to list and trade under new NYSE Rules 1300B, et seq. shares (``Commodity Trust Shares'' or ``Shares'') of the iShares[supreg] GSCI[supreg] Commodity--Indexed Trust (``Trust''), which will issue units of beneficial interest representing fractional undivided beneficial interests in the net assets of the Trust. NYSE Rules 1300B and 1301B are set forth below, with new text underlined: Rule 1300B Commodity Trust Shares (a) The provisions of this Rule 1300B series apply only to Commodity Trust Shares. The term ``Commodity Trust Shares'' as used in this Rule and in Rule 1301B means a security that (a) is issued by a trust (``Trust'') which (i) is a commodity pool that is managed by a commodity pool operator registered as such with the Commodity Futures Trading Commission, and (ii) which holds positions in futures contracts on a specified commodity index, or interests in a commodity pool which, in turn, holds such positions; (b) when aggregated in some specified minimum number may be surrendered to the Trust by the beneficial owner to receive positions in futures contracts on a specified index and cash or short term securities. The term ``futures contract'' is commonly known as a ``contract of sale of a commodity for future delivery'' set forth in section 2(a) of the Commodity Exchange Act. While Commodity Trust Shares are not technically Investment Company Units and thus are not covered by Rule 1100, all other rules that reference ``Investment Company Units,'' as defined and used in Para. 703.16 of the Listed Company Manual, including, but not limited to Rules 13, 36.30, 98, 104, 460.10, 1002, and 1005 shall also apply to Commodity Trust Shares. When these rules reference Investment Company Units, the word ``index'' (or derivative or similar words) will be deemed to be the applicable commodity index and the word ``security'' (or derivative or similar words) will be deemed to be ``Commodity Trust Shares''. (b) As is the case with Investment Company Units, paragraph (m) of the Guidelines to Rule 105 shall also apply to Commodity Trust Shares. Specifically, Rule 105(m) shall be deemed to prohibit an equity specialist, his member organization, other member, allied member or approved person in such member organization or officer or employee thereof from acting as a market maker or functioning in any capacity involving market-making responsibilities in the physical commodities included in, or options, futures or options on futures on, the index underlying an issue of Commodity [[Page 21075]] Trust Shares, or any other derivatives based on such index or based on any commodity included in such index. However, an approved person of an equity specialist entitled to an exemption from Rule 105(m) under Rule 98 may act in a market making capacity, other than as a specialist in the same issue of Commodity Trust Shares in another market center, in physical commodities included in, or options, futures or options on futures on, the index underlying an issue of Commodity Trust Shares, or any other derivatives based on such index or based on any commodity included in such index. (c) Except to the extent that specific provisions in this Rule govern, or unless the context otherwise requires, the provisions of all Exchange Rules and policies shall be applicable to the trading of Commodity Trust Shares on the Exchange. Pursuant to Exchange Rule 3 (``Security''), Commodity Trust Shares are included within the definition of ``security'' or ``securities'' as those terms are used in the rules of the Exchange. Rule 1301B Commodity Trust Shares: Securities Accounts and Orders of Specialists (a) The member organization acting as specialist in Commodity Trust Shares is obligated to conduct all trading in the Shares in its specialist account, subject only to the ability to have one or more investment accounts, all of which must be reported to the Exchange. (See Rules 104.12 and 104.13.) In addition, the member organization acting as specialist in Commodity Trust Shares must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in the physical commodities included in, or options, futures or options on futures on, an index underlying an issue of Commodity Trust Shares in which the member organization acts as specialist, or any other derivatives based on such index or based on any commodity included in such index, which the member organization acting as specialist may have or over which it may exercise investment discretion. No member organization acting as specialist in Commodity Trust Shares shall trade in physical commodities included in, or options, futures or options on futures on, an index underlying an issue of Commodity Trust Shares in which the member organization acts as specialist, or any other derivatives based on such index or based on any commodity included in such index, in an account in which a member organization acting as specialist, directly or indirectly, controls trading activities, or has a direct interest in the profits or losses thereof, which has not been reported to the Exchange as required hereby. (b) In addition to the existing obligations under Exchange rules regarding the production of books and records (see, e.g., Rule 476(a)(11)), the member organization acting as specialist in Commodity Trust Shares shall make available to the Exchange such books, records or other information pertaining to transactions by such entity or any member, allied member, approved person, registered or non-registered employee affiliated with such entity for its or their own accounts in options, futures or options on futures on, an index underlying an issue of Commodity Trust Shares in which the member organization acts as specialist; or in any commodity included in such index; or in any other derivatives based on such index or based on any commodity included in such index, as may be requested by the Exchange. (c) In connection with trading any physical commodity included in, or options, futures or options on futures on, an index underlying an issue of Commodity Trust Shares in which the member organization acts as specialist, or any other derivatives based on such index (including Commodity Trust Shares) or based on any commodity included in such index, the specialist registered as such in an issue of Commodity Trust Shares shall not use any material nonpublic information received from any person associated with a member or employee of such person regarding trading by such person or employee in the options, futures or options on futures on an index underlying an issue of Commodity Trust Shares in which the member organization acts as specialist; or in any other derivatives on such index; or in any commodity included in such index or any derivatives on such commodity. Supplementary Material: .10 The provisions of Rule 1300B (b) and Rule 1301B shall apply to securities listed on the Exchange pursuant to Section 703.19 (``Other Securities'') of the Listed Company Manual where the price of such securities is based in whole or part on the price of (a) a commodity or commodities, (b) any futures contracts or other derivatives based on a commodity or commodities; or (c) any index based on either (a) or (b) above. * * * * * II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the NYSE included statements concerning the purpose of, and basis for, the proposed rule change as amended and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to list and trade Commodity Trust Shares under new NYSE Rules 1300B et seq. The Trust, a Delaware statutory trust, will issue Shares that represent fractional undivided beneficial interests in its net assets. Substantially all of the assets of the Trust consist of its holdings of the limited liability company interests of a commodity pool (``Investing Pool Interests''), which are the only securities in which the Trust may invest. That commodity pool, iShares[supreg] GSCI Commodity--Indexed Investing Pool LLC (``Investing Pool''), holds long positions in futures contracts on the GSCI Excess Return Index (``CERFs''), which are listed on the Chicago Mercantile Exchange (``CME''), and will post margin in the form of cash or short- term securities to collateralize these futures positions. According to the Trust's registration statement,\4\ it is the objective of the Trust that the performance of the Shares will correspond generally to the performance of the GSCI Total Return Index (``Index'') before payment of the Trust's and the Investing Pool's expenses and liabilities. The Trust and the Investing Pool are each commodity pools managed by a commodity pool operator registered as such with the Commodity Futures Trading Commission (``CFTC''). Neither the Trust nor the Investing Pool is an investment company registered under the Investment Company Act of 1940 (``Investment Company Act''). --------------------------------------------------------------------------- \4\ The sponsor of the Trust (``Sponsor''), Barclays Global Investors International, Inc., on behalf of the Trust, filed the Form S-1 (the ``Registration Statement'') on July 22, 2005, as amended. See Registration No. 333-126810. --------------------------------------------------------------------------- The Shares are intended to constitute a relatively cost-effective means of achieving investment exposure to the [[Page 21076]] performance of the Index, which is intended to reflect the performance of a diversified group of commodities. Although the Shares will not be the exact equivalent of an investment in the underlying futures contracts and Treasury securities represented by the Index, the Shares are intended to provide investors with an alternative way of participating in the commodities market. a. The Sponsor and Trustee The Sponsor's primary business function is to act as Sponsor and commodity pool operator of the Trust and manager of the Investing Pool (``Manager''), as discussed below.\5\ The advisor to the Investing Pool (``Advisor'') is Barclays Global Fund Advisors, a California corporation and an indirect subsidiary of Barclays Bank PLC. --------------------------------------------------------------------------- \5\ Barclays Global Investors International, Inc. is a commodity pool operator registered with the CFTC. --------------------------------------------------------------------------- As Manager, Barclays Global Investors International, Inc. will serve as commodity pool operator of the Investing Pool and be responsible for its administration. The Manager will arrange for and pay the costs of organizing the Investing Pool. The Manager has delegated some of its responsibilities for administering the Investing Pool to the Administrator, Investors Bank & Trust Company, which in turn, has employed the Investing Pool Administrator and the Tax Administrator (Pricewaterhouse Coopers) to maintain various records on behalf of the Investing Pool. The trustee of the Trust (``Trustee'') is Barclays Global Investors, N.A., a national banking association affiliated with the Sponsor. The Trustee is responsible for the day-to-day administration of the Trust. Day-to-day administration includes: (i) Processing orders for the creation and redemption of Baskets (as described below, with each Basket an aggregation of 50,000 Shares); (ii) coordinating with the Manager of the Investing Pool the receipt and delivery of consideration transferred to, or by, the Trust in connection with each issuance and redemption of Baskets; and (iii) calculating the net asset value of the Trust on each Business Day.\6\ The Trustee has delegated these responsibilities to the Trust Administrator, Investors Bank & Trust Company, a banking corporation that is not affiliated with the Sponsor or the Trustee.\7\ --------------------------------------------------------------------------- \6\ The Trust Registration Statement defines ``Business Day'' as any day (1) on which none of the following occurs: (a) The NYSE is closed for regular trading, (d) the CME is closed for regular trading, or (c) the Federal Reserve transfer system is closed for cash wire transfers, or (2) the Trustee determines that it is able to conduct business. \7\ Except as otherwise specifically noted, the information provided in this proposed rule filing relating to the Trust and the Shares, commodities markets, and related information is based entirely on information included in the Registration Statement. --------------------------------------------------------------------------- b. The Investing Pool The Investing Pool will hold long positions in CERFs, which are cash-settled futures contracts listed on the CME that have a term of approximately five years after listing and whose settlement at expiration is based on the value of the GSCI Excess Return Index (``GSCI-ER'') at that time. The Investing Pool will also earn interest on the assets used to collateralize its holdings of CERFs. Trading on the CME Globex electronic trading platform of CERFs commenced effective March 12, 2006 for trade date March 13, 2006. Each CERF is a contract that provides for cash settlement, at expiration, based upon the final settlement value of the GSCI-ER at the expiration of the contract multiplied by a fixed dollar multiplier. The final settlement value is determined for this purpose. Accordingly, a position in CERFs provides the holder with the positive or negative return on the GSCI-ER during the period in which the position is held. On a daily basis, most market participants with positions in CERFs are obligated to pay, or entitled to receive, cash (known as ``variation margin'') in an amount equal to the change in the daily settlement level of the CERF from the preceding trading day's settlement level (or, initially, the contract price at which the position was entered into). Specifically, if the daily settlement price of the contract increases over the previous day's price, the seller of the contract must pay the difference to the buyer, and if the daily settlement price is less than the previous day's price, the buyer of the contract must pay the difference to the seller. The Investing Pool, however, and certain other categories of investors, will be required to deposit initial margin equal to 100% of the value of the CERF position at the time it is established. The GSCI-ER is calculated based on the same commodities included in the Goldman Sachs Commodity Index (``GSCI''), which is a production- weighted index of the prices of a diversified group of futures contracts on physical commodities. The GSCI, the GSCI-ER and the Index are administered, calculated, and published by Goldman, Sachs & Co. (``Index Sponsor''),\8\ a subsidiary of The Goldman Sachs Group Inc. The Index Sponsor is a broker-dealer.\9\ --------------------------------------------------------------------------- \8\ Telephone conference between Michael Cavalier, Assistant General Counsel, NYSE, and Florence Harmon, Senior Special Counsel, Commission, on April 13, 2006 (``April 13 Telephone Conference''). \9\ Id. --------------------------------------------------------------------------- The GSCI-ER reflects the return of an uncollaterized investment in the contracts comprising the GSCI, and in addition incorporates the economic effect of ``rolling'' the contracts included in the GSCI as they near expiration. ``Rolling'' a futures contract means closing out a position in an expiring futures contract and establishing an equivalent position in the contract on the same commodity with the next expiration date. The Index reflects the return of the GSCI-ER, together with the return on specified U.S. Treasury securities that are deemed to have been held to collateralize a hypothetical long position in the futures contracts comprising the GSCI. If Goldman, Sachs & Co. (``Goldman Sachs'') ceases to maintain the GSCI-ER, the Trust, through the Investing Pool, may seek investment results that correspond generally to the Index by holding a fully-collateralized investment in a successor index, or an index that, in the opinion of the Manager, is reasonably similar to the GSCI-ER.\10\ --------------------------------------------------------------------------- \10\ In the event the Trust utilizes any index that is a successor to or similar to the GSCI-ER or the GSCI Total Return Index, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act. Such filing would address, among other things, the characteristics of the successor or substitute index and the Exchange's surveillance procedures applicable to such index. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra. Telephone conference between Michael Cavalier, Assistant General Counsel, NYSE, and Florence Harmon, Senior Special Counsel, Commission, on April 10, 2006 (``April 10 Telephone Conference''). The Exchange will also file a proposed rule change pursuant to Rule 19b-4 if GSCI substantially changes either the Index component selection methodology or the weighting methodology. In addition, the Exchange will file a proposed rule change pursuant to Rule 19b-4 whenever GSCI adds a new component to the Index using pricing information from a market with which the Exchange does not have a previously existing information sharing agreement or switches to using pricing information from such a market with respect to an existing component when such component constitutes more than 10% of the weight of the Index. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra. April 10 Telephone Conference. --------------------------------------------------------------------------- The Trust, through the Investing Pool, will be a passive investor in CERFs and the cash or Short-Term Securities \11\ posted as margin to collateralize the [[Page 21077]] Investing Pool's CERF positions. Neither the Trust nor the Investing Pool will engage in any activities designed to obtain a profit from, or to ameliorate losses caused by, changes in the value of CERFs or securities posted as margin. --------------------------------------------------------------------------- \11\ ``Short-Term Securities'' means U.S. Treasury Securities or other short-term securities and similar securities, in each case that are eligible as margin deposits under the rules of the CME. --------------------------------------------------------------------------- The Investing Pool, and some other types of market participants, will be required to deposit margin with a value equal to 100% of the value of each CERF position at the time it is established. Those market participants not subject to the 100% margin requirement are required to deposit margin generally with a value of 3% to 5% of the established position. Interest paid on the collateral deposited as margin, net of expenses, will be reinvested by the Investing Pool or, at the Trustee's discretion, may be distributed from time to time to the Shareholders. The Investing Pool's profit or loss on its CERF positions should correlate with increases and decreases in the value of the GSCI-ER, although this correlation will not be exact. The interest on the collateral deposited by the Investing Pool as margin, together with the returns corresponding to the performance of the GSCI-ER, is expected to result in a total return for the Investing Pool that corresponds generally, but is not identical, to the Index. Differences between the returns of the Investing Pool and the Index may be based on, among other factors, any differences between the return on the assets used by the Investing Pool to collateralize its CERF positions and the U.S. Treasury rate used to calculate the return component of the Index, timing differences, differences between the weighting of the Investing Pool's proportion of assets invested in CERFs versus the Index, and the payment of expenses and liabilities by the Investing Pool. The Trust's net asset value will reflect the performance of the Investing Pool, its sole investment. The Investing Pool will be managed by the Advisor, which will invest all of the Investing Pool's assets in long positions in CERFs and post margin in the form of cash or Short-Term Securities to collateralize the CERF positions. Any cash that the Investing Pool accepts as consideration from the Trust for Investing Pool Interests will be used to purchase additional CERFs, in an amount that the Advisor determines will enable the Investing Pool to achieve investment results that correspond with the Index, and to collateralize the CERFs. According to the Registration Statement, the Advisor will not engage in any activities designed to obtain a profit from, or to ameliorate losses caused by, changes in value of any of the commodities represented by the GSCI or the positions or other assets held by the Investing Pool. c. Futures Contracts on the GSCI-ER The assets of the Investing Pool will consist of CERFs and cash or Short-Term Securities posted as margin to collateralize the Investing Pool's CERF positions. Futures contracts and options on futures contracts on the GSCI, which does not reflect the excess return embedded in the GSCI-ER, have been traded on the CME since 1992. CERFs are listed and traded separately from the GSCI futures contracts and options on futures contracts. CERFs trading is subject to the rules of the CME. According to the Registration Statement, CERFs trade on GLOBEX, the CME's electronic trading system, and do not trade through open outcry on the floor of the CME.\12\ Transactions in CERFs are cleared through the CME clearing house by the trader's futures commission merchant (``FCM'') acting as its agent. Under these clearing arrangements, the CME clearing house becomes the buyer to each member FCM representing a seller of the contract and the seller to each member FCM representing a buyer of the contract. As a result of these clearing arrangements, each trader holding a position in CERFs is subject to the credit risk of the CME clearing house and the FCM carrying its position in CERFs. --------------------------------------------------------------------------- \12\ Trading hours for CERFs on GLOBEX will be as follows: Sunday, 6 p.m. to 2:40 p.m. (next day) (New York time); Monday to Thursday, 6 p.m. to 2:40 p.m. (next day) and 3 p.m. to 5 p.m. (New York time). --------------------------------------------------------------------------- Each CERF is a contract that provides for cash settlement, at expiration, based upon the final settlement value of the GSCI-ER at the expiration of the contract, multiplied by a fixed dollar multiplier. The final settlement value is determined for this purpose on the date set forth in the Trust prospectus. On a daily basis, most market participants with positions in CERFs are obligated to pay, or entitled to receive, cash (known as ``variation margin'') in an amount equal to the change in the daily settlement level of the CERF from the preceding trading day's settlement level (or, initially, the contract price at which the position was entered into). Specifically, if the daily settlement price of the contract increases over the previous day's price, the seller of the contract must pay the difference to the buyer, and if the daily settlement price is less than the previous day's price, the buyer of the contract must pay the difference to the seller. Futures contracts also typically require deposits of initial margin as well as payments of daily variation margin as the value of the contracts fluctuate. For most market participants, the initial margin requirement for CERFs is generally expected to be 3% to 5%. Certain market participants (known as ``100% margin participants''), however, will be required to deposit with their FCM initial margin in an amount equal to 100% of the value of the CERF on the date the position is established. The FCM, in turn, will be required to deliver to the CME clearing house initial margin in a specified amount and pledge to the clearing house, pursuant to a separate custody arrangement, an amount equal to the remainder of the 100% margin amount posted by 100% margin participants, either from amounts posted by those 100% margin participants or from its own assets. The separate custody arrangement will be either an account with the FCM or a third party custody account. As a result of these arrangements, a 100% margin participant buying a CERF will be subject to substantially greater initial margin requirements than other market participants, but will not be required to pay any additional amounts to its FCM as variation margin if the value of the CERFs declines. Instead, the FCM will be obligated to make variation margin payments to the clearinghouse in respect of CERFs held by 100% margin participants, which it will withdraw from the separate custody account (and, in turn, from the 100% margin posted by those participants). If the daily settlement price increases, the FCM will receive variation margin from the clearinghouse for the account of the 100% margin participant, which it will hold in the separate custody account for the benefit of 100% margin participants. The buyer will not, however, be entitled to receive this variation margin from its FCM (until the liquidation or final settlement of its CERF position). The buyer will be entitled to receive interest or other income on the assets it has deposited as margin or that are credited to the custody account on its behalf from time to time. Upon liquidation or settlement of a CERF, a 100% margin participant will receive from its FCM its initial margin deposit, adjusted for variation margin paid or received by the FCM with respect to the contract during the time it was held by the participant (or the proceeds from liquidation of any investments made with such funds for the benefit of the participant under the terms of its custody arrangement with the carrying FCM). The 100% margin participants will include any market participant that is: (i) An investment company registered [[Page 21078]] under the Investment Company Act; or (ii) an investment fund, commodity pool, or other similar type of pooled trading vehicle (other than a pension plan or fund) that is offered to the public pursuant to an effective registration statement filed under the Securities Act of 1933, regardless of whether it is also registered under the Investment Company Act , and that has its principal place of business in the United States. The Investing Pool will be a 100% margin participant. The Investing Pool will satisfy the 100% margin requirement by depositing with the Clearing FCM cash or Short-Term Securities with a value equal to 100% of the value of each long position in CERFs. According to the Registration Statement, CERFs differ from traditional futures contracts in another significant respect. In contrast to other types of futures contracts, which are typically listed with monthly, bimonthly or quarterly expirations, CERFs will be listed only with approximately five-year expirations. A buyer or seller of CERFs will be able to trade CERFs on the market maintained by the CME and will consequently be able to liquidate its position at any time, subject to the existence of a liquid market. If a party to a CERF wishes to hold its position to expiration, however, it will be necessary to maintain the position for up to five years. According to the Registration Statement, as a CERF nears expiration, it is anticipated, but there can be no assurance, that the CME will list an additional CERF with an approximately five-year expiration. Creation and redemption of interests in the Trust, and the corresponding creation and redemption of interests in the Investing Pool, will generally be effected through transactions in ``exchanges of futures for physicals,'' or ``EFPs.'' EFPs involve contemporaneous transactions in futures contracts and the underlying cash commodity or a closely related commodity. In a typical EFP, the buyer of the futures contract sells the underlying commodity to the seller of the futures contract in exchange for a cash payment reflecting the value of the commodity and the relationship between the price of the commodity and the related futures contract. According to the Registration Statement, in the context of CERFs, CME rules permit the execution of EFPs consisting of simultaneous purchases (sales) of CERFs and sales (purchases) of Shares. This mechanism will generally be used by the Trust in connection with the creation and redemption of Baskets. Specifically, it is anticipated that an ``Authorized Participant'' (defined below) requesting the creation of additional Baskets typically will transfer CERFs and cash (or, in the discretion of the Trustee, Short-Term Securities in lieu of cash) to the Trust in return for Shares.\13\ --------------------------------------------------------------------------- \13\ Authorized Participants will require access to a commodities account in connection with creation/redemption activity of Shares. April 13 Telephone Conference. --------------------------------------------------------------------------- The Trust will simultaneously contribute to the Investing Pool the CERFs (and any cash or securities) received from the Authorized Participant in return for an increase in its Investing Pool Interests. If an EFP is executed in connection with the redemption of one or more Baskets, an Authorized Participant will transfer to the Trust the interests being redeemed and the Trust will transfer to the Authorized Participant CERFs, cash or Short-Term Securities. In order to obtain the CERFs, cash or Short-Term Securities to be transferred to the Authorized Participant, the Trust will redeem an equivalent portion of its interest in the Investing Pool Interests. d. The Index and the GSCI-ER The Index and the GSCI-ER were established in May of 1991. The Index reflects the value of an investment in the GSCI-ER together with a Treasury bill return. The GSCI-ER reflects the returns that are potentially available through a rolling uncollaterized investment in the contracts comprising the GSCI. Because futures contracts have scheduled expirations, or delivery months, as one contract nears expiration it becomes necessary to close out the position in that delivery month and establish a position in the next available delivery month. This process is referred to as ``rolling'' the position forward. The GSCI-ER is designed to reflect the return from rolling each contract included in the GSCI in this manner into the next available delivery month as it nears expiration. This is accomplished by selling the position in the first delivery month and purchasing a position of equivalent value in the second delivery month. If the price of the second contract is lower than the price of the first contract, the ``rolling'' process results in a greater quantity of the second contract being acquired for the same value. Conversely, if the price of the second contract is higher than the price of the first contract, the ``rolling'' process results in a smaller quantity of the second contract being acquired for the same value. The GSCI itself is an index on a production-weighted basket of principal physical commodities that satisfy specified criteria. The GSCI reflects the level of commodity prices at a given time and is designed to be a measure of the performance over time of the markets for these commodities. The commodities represented in the GSCI are those physical commodities on which active and liquid contracts are traded on trading facilities in major industrialized countries. The commodities included in the GSCI are weighted, on a production basis, to reflect the relative significance (in the view of the Index Sponsor, in consultation with its Policy Committee described below) of those commodities to the world economy. The fluctuations in the level of the GSCI are intended generally to correlate with changes in the prices of those physical commodities in global markets. The Index Sponsor makes the official calculations of the value of the Index.\14\ At present, this calculation is performed continuously and is reported on Reuters Page GSCI and is updated on Reuters at least every fifteen seconds during NYSE trading hours for the Shares and during business hours on each Business Day on which the offices of Goldman, Sachs in New York City are open for business. In the event that the Exchange is open for business on a day that is not a GSCI Business Day, the Exchange will not permit trading of the Shares on that day.\15\ The settlement prices for the Index and GSCI-ER are also reported on Reuters Page GSCI at the end of each GSCI Business Day and on Bloomberg page GSCIER index. --------------------------------------------------------------------------- \14\ Goldman, Sachs & Co., which is a broker/dealer, calculates the GSCI and GSCI-ER. April 13 Telephone Conference. \15\ See ``Calculation of the Index,'' infra. --------------------------------------------------------------------------- e. The Policy Committee The Index Sponsor has established a Policy Committee to assist it with the operation of the GSCI.\16\ The principal purpose of the Policy Committee is to advise the Index Sponsor with respect to, among other things, the calculation of the GSCI, the effectiveness of the GSCI as a measure of commodity futures market performance and the need for changes in the composition or the methodology of the GSCI. The Policy Committee acts solely in an advisory and consultative capacity. All decisions with respect to the composition, [[Page 21079]] calculation and operation of the GSCI are made by the Index Sponsor.\17\ --------------------------------------------------------------------------- \16\ The GSCI is a separate index from the Index; however, the value of the Index (and GSCI-ER index) is derived from the GSCI, as described below. The component selection for the GSCI would obviously affect the Index and the GSCI-ER. April 13 Telephone Conference. \17\ As mentioned above, Goldman, Sachs & Co., a broker-dealer, is the Index Sponsor of the GSCI, the GSCI-ER and the Index, and in that capacity the company calculates those indices. Goldman, Sachs & Co. has represented to the Trust Sponsor that they: (i) Have or will, prior to issuance of the Shares, put in place policies reasonably designed to prevent the use and dissemination by Goldman, Sachs & Co. employees in violation of applicable laws, rules and regulations, of material, non-public information relating to changes in the composition or method of computation or calculation of the Index; and (ii) periodically check the application of such policies as they related to Goldman, Sachs & Co. employees directly responsible for such changes. In addition, the Policy Committee members are subject to written policies with respect to material, non-public information. April 13 Telephone Conference. --------------------------------------------------------------------------- The Policy Committee generally meets in October of each year. Prior to the meeting, the Index Sponsor determines the commodities to be included in the GSCI for the following calendar year and the weighting factors for each commodity. The Policy Committee's members receive the proposed composition of the GSCI in advance of the meeting and discuss the composition at the meeting. The Index Sponsor also consults the Policy Committee on any other significant matters with respect to the calculation and operation of the GSCI. The Policy Committee may, if necessary or practicable, meet at other times during the year as issues arise that warrant its consideration. The Policy Committee currently consists of eight persons, three of whom are employees of the Index Sponsor or its affiliates and five of whom are not affiliated with the Index Sponsor. f. Composition of the GSCI Because the value of the Index (which the Shares track) reflects the futures contracts included in the GSCI, the Exchange describes below the index methodology for the GSCI.\18\ In order to be included in the GSCI, a contract must satisfy the following eligibility criteria: --------------------------------------------------------------------------- \18\ Telephone conference between Michael Cavalier, Assistant General Counsel, NYSE, and Florence Harmon, Senior Special Counsel, Commission, on April 14, 2006 (``April 14 Telephone Conference''). --------------------------------------------------------------------------- (i) The contract must: (a) Be in respect of a physical commodity and not a financial commodity; (b) Have a specified expiration or term, or provide in some other manner for delivery or settlement at a specified time, or within a specified period, in the future; and (c) Be available, at any given point in time, for trading at least five months prior to its expiration or such other date or time period specified for delivery or settlement. (ii) The commodity must be the subject of a contract that: (a) Is denominated in U.S. dollars; (b) Is traded on or through an exchange, facility or other platform, referred to as a ``trading facility,'' that has its principal place of business or operations in a country that is a member of the Organization for Economic Cooperation and Development and: (1) Makes price quotations generally available to its members or participants (and, if the Index Sponsor is not such a member or participant, to the Index Sponsor) in a manner and with a frequency that is sufficient to provide reasonably reliable indications of the level of the relevant market at any given point in time; (2) Makes reliable trading volume information available to the Index Sponsor with at least the frequency required by the Index Sponsor to make the monthly determinations; (3) Accepts bids and offers from multiple participants or price providers; and (4) Is accessible by a sufficiently broad range of participants. (iii) The price of the relevant contract that is used as a reference or benchmark by market participants, referred to as the ``daily contract reference price,'' generally must have been available on a continuous basis for at least two years prior to the proposed date of inclusion in the GSCI. In appropriate circumstances, however, the Index Sponsor, in consultation with its Policy Committee, may determine that a shorter time period is sufficient or that historical daily contract reference prices for that contract may be derived from daily contract reference prices for a similar or related contract. The daily contract reference price may be (but is not required to be) the settlement price or other similar price published by the relevant trading facility for purposes of margining transactions or for other purposes. (iv) At and after the time a contract is included in the GSCI, the daily contract reference price for that contract must be published between 10 a.m. and 4 p.m., New York time, on each Business Day relating to that contract by the trading facility on or through which it is traded and must generally be available to all members of, or participants in, that trading facility (and, if the Index Sponsor is not such a member or participant, to the Index Sponsor) on the same day from the trading facility or through a recognized third-party data vendor. Such publication must include, at all times, daily contract reference prices for at least one expiration or settlement date that is five months or more from the date the determination is made, as well as for all expiration or settlement dates during that five-month period. (v) Volume data with respect to the contract must be available for at least the three months immediately preceding the date on which the determination is made. (vi) A contract that is not included in the GSCI at the time of determination and that is based on a commodity that is not represented in the GSCI at that time must, in order to be added to the GSCI at that time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least $15 billion. The total dollar value traded is the dollar value of the total quantity of the commodity underlying transactions in the relevant contract over the period for which the calculation is made, based on the average of the daily contract reference prices on the last day of each month during the period. (vii) A contract that is already included in the GSCI at the time of determination and that is the only contract on the relevant commodity included in the GSCI must, in order to continue to be included in the GSCI after that time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least $5 billion and at least $10 billion during at least one of the three most recent annual periods used in making the determination. (viii) A contract that is not included in the GSCI at the time of determination and that is based on a commodity on which there are one or more contracts already included in the GSCI at that time must, in order to be added to the GSCI at that time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least $30 billion. (ix) A contract that is already included in the GSCI at the time of determination and that is based on a commodity on which there are one or more contracts already included in the GSCI at that time must, in order to continue to be included in the GSCI after that time, have a total dollar value traded, over the relevant period, as the case may be and annualized, of at least $10 billion and at least $20 billion during at least one of the three most recent annual periods used in making the determination. (x) A contract that is: (a) Already included in the GSCI at the time of determination must, in order to continue to be included after that time, have a reference percentage dollar weight of at least 0.10%. The ``reference [[Page 21080]] percentage dollar weight'' of a contract represents the current value of the quantity of the underlying commodity that is included in the Index at a given time. This figure is determined by multiplying the contract production weight of a contract, or ``CPW,'' by the average of its daily contract reference prices on the last day of each month during the relevant period. These amounts are summed for all contracts included in the GSCI and each contract's percentage of the total is then determined. The CPW of a contract is its weight in the Index. (b) Not included in the GSCI at the time of determination must, in order to be added to the GSCI at that time, have a reference percentage dollar weight of at least 0.75%. (xi) In the event that two or more contracts on the same commodity satisfy the eligibility criteria: (a) Such contracts will be included in the GSCI in the order of their respective total quantity traded during the relevant period (determined as the total quantity of the commodity underlying transactions in the relevant contract), with the contract having the highest total quantity traded being included first, provided that no further contracts will be included if such inclusion would result in the portion of the GSCI attributable to that commodity exceeding a particular level. (b) If additional contracts could be included with respect to several commodities at the same time, that procedure is first applied with respect to the commodity that has the smallest portion of the GSCI attributable to it at the time of determination. Subject to the other eligibility criteria described above, the contract with the highest total quantity traded on that commodity will be included. Before any additional contracts on the same commodity or on any other commodity are included, the portion of the GSCI attributable to all commodities is recalculated. The selection procedure described above is then repeated with respect to the contracts on the commodity that then has the smallest portion of the GSCI attributable to it. Beginning in 2007, in order for a contract to be included in the GSCI: (i) The trading facility in which the contract is traded must allow market participants to execute spread transactions, through a single order entry, between the pairs of contract expirations included in the GSCI that at any given point in time will be involved in the rolls to be effected in the next three roll periods; and (ii) a contract that is not included in the GSCI at the time of determination must, in order to be added to the GSCI at that time, have a reference percentage dollar weight of at least 1.00%. The contracts currently included in the GSCI are all futures contracts traded on the New York Mercantile Exchange, Inc. (``NYM''), the ICE Futures (``ICE''), the CME, the Chicago Board of Trade (``CBT''), the Coffee, Sugar & Cocoa Exchange, Inc. (``CSC''), the New York Cotton Exchange (``NYC''), the Kansas City Board of Trade (``KBT''), the COMEX Division of the New York Mercantile Exchange, Inc. (``CMX'') and the London Metal Exchange (``LME''). The futures contracts currently included in the GSCI, their percentage dollar weights (as of January 20, 2006), their market symbols and the exchanges on which they are traded, trading hours (New York time), Average Daily Trading Volume (``ADTV'') for 2005, and units per contract are as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- PDW 01/20/06 ADTV Commodity (percent) Market symbol Trading Facility (contracts) Units (per contract -------------------------------------------------------------------------------------------------------------------------------------------------------- Crude Oil............................ 30.05 CL....................... NYM..................... 237,535 1,000 bbls Brent Crude Oil...................... 13.81 LCO...................... ICE..................... 114,628 1,000 gal Natural Gas.......................... 10.30 NG....................... NYM..................... 76,139 10,000 gal Heating Oil.......................... 8.16 HO....................... NYM..................... 76,139 10,000 gal Gasoline............................. 7.84 HU....................... NYM..................... 52,406 42,000 gal Gas Oil.............................. 4.41 LGO...................... ICE..................... 41,561 100 Mtons Live Cattle.......................... 2.88 LC....................... CME..................... 23,173 40,000 lbs Wheat................................ 2.47 W........................ CBT..................... 38,838 5,000 bushels Aluminum............................. 2.88 IA....................... LME..................... 120,568 25 Mtons Corn................................. 2.46 C........................ CBT..................... 101,308 5,000 bushels Copper............................... 2.37 IC....................... LME..................... 76,116 25 Mtons Soybeans............................. 1.77 S........................ CBT..................... 73,957 5,000 bushels Lean Hogs............................ 2.00 LH....................... CME..................... 16,449 40,000 lbs Gold................................. 1.73 GC...................... CMX..................... 63,232 100 oz Sugar................................ 1.30 SB....................... CSC..................... 51,822 112,000 lbs Cotton............................... 0.99 CT....................... NYC..................... 15,335 50,000 lbs Red Wheat............................ 0.90 KW....................... KBT..................... 14,613 5,000 bushels Coffee............................... 0.80 KC....................... CSC..................... 15,888 37,500 lbs Standard Lead........................ 0.29 IL....................... LME..................... 16,128 25 Mtons Feeder Cattle........................ 0.78 FC....................... CME..................... 4,042 40,000 lbs Zinc................................. 0.54 IZ....................... LME..................... 42,070 25 Mtons Primary Nickel....................... 0.82 IN....................... LME..................... 13,812 6 Mtons Cocoa................................ 0.23 CC....................... CSC..................... 10,291 10 Mtons Silver............................... 0.20 SI....................... CMX..................... 22,017 5,000 oz -------------------------------------------------------------------------------------------------------------------------------------------------------- The hours of trading (New York time) of the commodities in the chart above are as follows: ---------------------------------------------------------------------------------------------------------------- Commodity Trading facility Trading hours (NY time) ---------------------------------------------------------------------------------------------------------------- Crude Oil........................... NYM............................ 10 am-2:30 pm. Brent Crude Oil..................... ICE............................ 8 pm-5:00 pm (next day). Natural Gas......................... NYM............................ 10 am-2:30 pm. Heating Oil......................... NYM............................ 10:05 am-2:30 pm. [[Page 21081]] Gasoline............................ NYM............................ 10:05 am-2:30 pm. Gas Oil............................. ICE............................ 8 pm-5:00 pm (next day). Live Cattle......................... CME............................ 10:05 am-2 pm. Wheat............................... CBT............................ 10:30 am-2:15 pm. Aluminum............................ LME............................ 6:55 am-12 pm. Corn................................ CBT............................ 10:30 am-2:15 pm. Copper.............................. LME............................ 7 am-12 pm. Soybeans............................ CBT............................ 10:30 am-2:15 pm. Lean Hogs........................... CME............................ 9:10 am-1 pm. Gold................................ CMX............................ 8:20 am-1:30 pm. Sugar............................... CSC............................ 9 am-12 pm. Cotton.............................. NYC............................ 10:30 am-2:15 pm. Red Wheat........................... KBT............................ 10:30 am-2:15 pm. Coffee.............................. CSC............................ 9:15 am-12:30 pm. Standard Lead....................... LME............................ 7:05 am-11:50 am. Feeder Cattle....................... CME............................ 10:05 am-2 pm. Zinc................................ LME............................ 7:10 am-11:55 am. Primary Nickel...................... LME............................ 7:10 am-11:55 am. Cocoa............................... CSC............................ 8 am-11:50 am. Silver.............................. CMX............................ 8:25 am-1:25 pm. ---------------------------------------------------------------------------------------------------------------- The quantity of each of the contracts included in the GSCI is determined on the basis of a five-year average, referred to as the ``world production average,'' of the production quantity of the underlying commodity as published by the United Nations Statistical Yearbook, the Industrial Commodity Statistics Yearbook and other official sources. However, if a commodity is primarily a regional commodity, based on its production, use, pricing, transportation or other factors, the Index Sponsor, in consultation with its Policy Committee, may calculate the weight of that commodity based on regional, rather than world, production data. At present, natural gas is the only commodity the weights of which are calculated on the basis of regional production data, with the relevant region defined as North America. The five-year moving average is updated annually for each commodity included in the GSCI, based on the most recent five-year period (ending approximately two years prior to the date of calculation and moving backwards) for which complete data for all commodities is available. The CPWs used in calculating the GSCI are derived from world or regional production averages, as applicable, of the relevant commodities, and are calculated based on the total quantity traded for the relevant contract and the world or regional production average, as applicable, of the underlying commodity. However, if the volume of trading in the relevant contract, as a multiple of the production levels of the commodity, is below specified thresholds, the CPW of the contract is reduced until the threshold is satisfied. This is designed to ensure that trading in each contract is sufficiently liquid relative to the production of the commodity. In addition, the Index Sponsor performs this calculation on a monthly basis and, if the multiple of any contract is below the prescribed threshold, the composition of the GSCI is reevaluated, based on the criteria and weighting procedure described above. This procedure is undertaken to allow the GSCI to shift from contracts that have lost substantial liquidity into more liquid contracts during the course of a given year. As a result, it is possible that the composition or weighting of the GSCI will change on one or more of these monthly evaluation dates. The likely circumstances under which the Index Sponsor would be expected to change the composition of the Index during a given year, however, are: (i) A substantial shift of liquidity away from a contract included in the Index as described above; or (ii) an emergency, such as a natural disaster or act of war or terrorism, that causes trading in a particular contract to cease permanently or for an extended period of time. In either event, the Index Sponsor will consult with the Policy Committee in connection with the changes to be made and will publish the nature of the changes, through Web sites, news media or other outlets, with as much prior notice to market participants as is reasonably practicable. Moreover, regardless of whether any changes have occurred during the year, the Index Sponsor reevaluates the composition of the GSCI, in consultation with its Policy Committee, at the conclusion of each year, based on the above criteria. Other commodities that satisfy that criteria, if any, will be added to the GSCI. Commodities included in the GSCI that no longer satisfy that criteria, if any, will be deleted. The Index Sponsor, in consultation with its Policy Committee, also determines whether modifications in the selection criteria or the methodology for determining the composition and weights of and for calculating the GSCI are necessary or appropriate in order to assure that the GSCI represents a measure of commodity market performance. The Index Sponsor has the discretion to make any such modifications, in consultation with its Policy Committee. g. Total Dollar Weight of the GSCI The total dollar weight of the GSCI is the sum of the dollar weight of each of the underlying commodities. The dollar weight of each such commodity on any given day is equal to: The daily contract reference price; Multiplied by the appropriate CPW; and During a roll period, the appropriate ``roll weights'' (discussed below). The daily contract reference price used in calculating the dollar weight of each commodity on any given day is the most recent daily contract reference price made available by the relevant trading facility, except that the daily contract reference price for the most recent prior day will be used if the exchange is closed or otherwise fails to publish a daily contract reference price on that day. In addition, if the trading facility fails to make a daily contract reference price available or publishes a daily contract reference price that, in the reasonable judgment of the Index Sponsor, reflects manifest error, the relevant calculation will be delayed until the price is made available or [[Page 21082]] corrected; provided, that, if the price is not made available or corrected by 4 p.m. New York time, the Index Sponsor may, if it deems that action to be appropriate under the circumstances, determine the appropriate daily contract reference price for the applicable futures contract in its reasonable judgment for purposes of the relevant GSCI calculation.\19\ --------------------------------------------------------------------------- \19\ If such actions by the Index Sponsor are implemented on more than a temporary basis, the Exchange will contact the Commission Staff and, as necessary, file a proposed rule change pursuant to Rule 19b-4 seeking Commission approval to continue to trade the Shares. Unless approved for continued trading, the Exchange would commence delisting proceedings. See ``Continued Listing Criteria,'' infra; April 10 Telephone Conference. --------------------------------------------------------------------------- h. Calculation of the GSCI-ER The value of the GSCI-ER on any GSCI Business Day is equal to the product of: (i) The value of the GSCI-ER on the immediately preceding GSCI Business Day multiplied by (ii) one plus the sum of the contract daily return \20\ on the GSCI Business Day on which the calculation is made. The value of the GSCI-ER has been normalized such that its hypothetical level on January 2, 1970 was 100. --------------------------------------------------------------------------- \20\ The contract daily return on any given day is equal to the sum, for each of the commodities included in the GSCI, of the applicable daily contract reference price on the relevant contract multiplied by the appropriate CPW and the appropriate ``roll weight,'' divided by the total dollar weight of the GSCI on the preceding day, minus one. The ``roll weight'' of each commodity reflects the fact that the positions in contracts must be liquidated or rolled forward into more distant contract expirations as they near expiration. If actual positions in the relevant markets were rolled forward, the roll would likely need to take place over a period of days. Since the GSCI is designed to replicate the performance of actual investments in the underlying contracts, the rolling process incorporated in the GSCI also takes place over a period of days at the beginning of each month, referred to as the ``roll period.'' On each day of the roll period, the ``roll weights'' of the first nearby contract expirations on a particular commodity and the more distant contract expiration into which it is rolled are adjusted, so that the hypothetical position in the contract on the commodity that is included in the GSCI is gradually shifted from the first nearby contract expiration to the more distant contract expiration. --------------------------------------------------------------------------- i. Calculation of the Index The value of the Index on any GSCI Business Day is equal to the product of: (i) The value of the Index on the immediately preceding GSCI Business Day multiplied by (ii) one plus the sum of the contract daily return and the Treasury bill return on the GSCI Business Day on which the calculation is made, multiplied by (iii) one plus the Treasury bill return for each non-GSCI Business Day since the immediately preceding GSCI Business Day. The Treasury bill return is the return on a hypothetical investment in the GSCI at a rate equal to the interest rate on a specified U.S. Treasury bill. j. Valuation of CERFs; Computation of Trust's Net Asset Value On each Business Day on which the NYSE is open for regular trading, as soon as practicable after the close of regular trading of the Shares on the NYSE (normally, 4:15 p.m., New York time), the Trustee will determine the net asset value (``NAV'') of the Trust and per share as of that time. The Trustee will value the Trust's assets based upon the determination by the Manager, which may act through the Investing Pool Administrator, of the NAV of the Investing Pool. The Manager will determine the NAV of the Investing Pool as of the same time that the Trustee determines the NAV of the Trust. The Manager will value the Investing Pool's long position in CERFs on the basis of that day's announced CME settlement price for the CERF. The value of the Investing Pool's CERF position (including any related margin) will equal the product of: (i) The number of CERF contracts owned by the Investing Pool and (ii) the settlement price on the date of calculation. If there is no announced CME settlement price for the CERF on a Business Day, the Manager will use the most recently announced CME settlement price unless the Manager determines that that price is inappropriate as a basis for evaluation. The daily settlement price for the CERF is established by the CME shortly after the close of trading in Chicago at 2:40 p.m. New York time on each trading day.\21\ --------------------------------------------------------------------------- \21\ April 10 Telephone Conference. --------------------------------------------------------------------------- Once the value of the CERFs and interest earned on any assets posted as margin and any other assets of the Investing Pool has been determined, the Manager will subtract all accrued expenses and liabilities of the Investing Pool as of the time of calculation in order to calculate the net asset value of the Investing Pool. The Manager, or the Investing Pool Administrator on its behalf, will then calculate the value of the Trust's Investing Pool Interest and provide this information to the Trustee. Once the value of the Trust's Investing Pool Interests have been determined and provided to the Trustee, the Trustee will subtract all accrued expenses and other liabilities of the Trust from the total value of the assets of the Trust, in each case as of the calculation time. The resulting amount is the NAV of the Trust. The Trustee will determine the NAV per Share by dividing the NAV of the Trust by the number of Shares outstanding at the time the calculation is made. The NAV for each Business Day on which the NYSE is open for regular trading will be distributed through major market data vendors and will be published online at http://www.iShares.com, or any successor thereto. The Trust will update the NAV as soon as practicable after each subsequent NAV is calculated. k. Creations of Baskets The Trust will offer Shares on a continuous basis on each business day, but only in Baskets consisting of 50,000 Shares. Baskets will be typically issued only in exchange for an amount of CERFs and cash (or, in the discretion of the Trustee, Short-Term Securities in lieu of cash) equal to the Basket Amount for the Business Day on which the creation order was received by the Trustee. The Basket Amount for a Business Day will have a per Share value equal to the NAV as of such day. However, orders received by the Trustee after 2:40 p.m., New York time, will be treated as received on the next following Business Day. The Trustee will notify the Authorized Participants of the Basket Amount on each Business Day prior to the opening of the Exchange. Before the Trust will issue any Baskets to an Authorized Participant, that Authorized Participant must deliver to the Trustee a written creation order indicating the number of Baskets it intends to purchase and providing other details with respect to the procedures by which the Baskets will be transferred. The Trustee will acknowledge the creation order unless it or the Sponsor decides to refuse the order as described in the prospectus. Upon the transfer of the required consideration of CERFs and cash (or, in the discretion of the Trustee, Short-Term Securities in lieu of cash) in the amounts, and to the accounts, specified by the Trustee, and the Trustee's transaction fee per Basket (described below), the Trustee will deliver the appropriate number of Baskets to the Depository Trust Company (``DTC'') account of the Authorized Participant. In limited circumstances and with the approval of the Trustee, Baskets may be created for cash, in which case the Authorized Participant will be required to pay any additional issuance costs, including the costs to the Investing Pool of establishing the corresponding CERF position. Only Authorized Participants can transfer the required consideration and receive Baskets in exchange. Authorized Participants may act for their own accounts or as agents for broker-dealers, [[Page 21083]] custodians, and other securities market participants that wish to create or redeem Baskets. An Authorized Participant will have no obligation to create or redeem Baskets for itself or on behalf of other persons. An order for one or more baskets may be placed by an Authorized Participant on behalf of multiple clients. The Sponsor and the Trustee will maintain a current list of Authorized Participants. No Shares will be issued unless and until the Trustee receives confirmation that: (i) The required consideration has been received in the account or accounts specified by the Trustee; and (ii) the Manager confirms that Investing Pool Interests with an initial value equal to the consideration received for the Shares have been issued to the Trust. It is expected that delivery of the Shares will be made against transfer of consideration on the next Business Day (T+1) following the Business Day on which the creation order is received by the Trustee. If the Trustee has not received the required consideration for the Shares to be delivered on the delivery date, by 11 a.m., New York time, the Trustee may cancel the creation order.\22\ --------------------------------------------------------------------------- \22\ The price at which the Shares trade should be disciplined by arbitrage opportunities created by the ability to purchase or redeem shares of the Trust in Basket size. This should help ensure that the Shares will not trade at a material discount or premium to their net asset value or redemption value. --------------------------------------------------------------------------- l. Redemptions of Baskets Authorized Participants may typically surrender Baskets in exchange only for an amount of CERFs and cash (or, in the discretion of the Trustee, Short-Term Securities in lieu of cash) equal to the Basket Amount on the Business Day the redemption request is received by the Trustee. However, redemption requests received by the Trustee after 2:40 p.m., New York time (or, on any day on which the CME is scheduled to close early, after the close of trading of CERFs on the CME on such day), will be treated as received on the next following Business Day. Holders of Baskets who are not Authorized Participants will be able to redeem their Baskets only through an Authorized Participant. It is expected that Authorized Participants may redeem Baskets for their own accounts or on behalf of Shareholders who are not Authorized Participants, but they are under no obligation to do so. Before surrendering Baskets for redemption, an Authorized Participant must deliver to the Trustee a written request indicating the number of Baskets it intends to redeem and providing other details with respect to the procedures by which the required Basket Amount will be transferred. The Trustee will acknowledge the redemption order unless it or the Sponsor decides to refuse the redemption order as described in the Trust prospectus. After the delivery by the Authorized Participant to the Trustee's DTC account of the total number of Shares to be redeemed by an Authorized Participant, the Trustee will deliver to the order of the redeeming Authorized Participant redemption proceeds consisting of CERFs and cash (or, in the discretion of the Trustee, Short-term Securities in lieu of cash). In connection with a redemption order, the redeeming Authorized Participant authorizes the Trustee to deduct from the proceeds of redemption a transaction fee per Basket (described below). In limited circumstances and with the approval of the Trustee, Baskets may be redeemed for cash, in which case the Authorized Participants will be required to pay any additional redemption costs, including the costs to the Investing Pool of liquidating the corresponding CERF position. The Trust will receive these redemption proceeds pursuant to the Trust's contemporaneous redemption of Investing Pool Interests of corresponding value. Shares can be surrendered for redemption only in Baskets consisting of 50,000 Shares each. It is expected that delivery of the CERFs, cash or Short-term Securities to the redeeming Shareholder will be made against transfer of the Baskets on the next Business Day following the Business Day on which the redemption request is received by the Trustee. If the Trustee's DTC account has not been credited with the total number of Shares to be redeemed pursuant to the redemption order by 11 a.m., New York time, on the delivery date, the Trustee may cancel the redemption order. DTC will accept the Shares for settlement through its book-entry settlement system. Shares do not have any voting rights. m. Fees and Expenses of the Trustee Each order for the creation of Baskets must be accompanied by a payment to the Trustee of a transaction fee per Basket of $10.00 multiplied by the number of CERFs included in the Basket Amount. For redemption orders, the redeeming Authorized Participant will authorize the Trustee to deduct from the proceeds of the redemption a transaction fee per Basket equal to $10.00 multiplied by the number of CERFs included in the Basket Amount, plus any expenses, taxes or charges (such as stamp taxes or stock transfer taxes or fees) related to the creation or surrender for redemption. The Trustee will be entitled to reimburse itself from the assets of the Trust for all expenses and disbursements incurred by it for extraordinary services it may provide to the Trust or in connection with any discretionary action the Trustee may take to protect the Trust or the interests of the holders to the extent not paid by the Sponsor. n. Dissemination of Information Relating to the Shares, Trust Holdings, and Relevant Indices The Web site for the Trust (http://www.iShares.com), which will be publicly accessible at no charge, will contain the following information: (i) The prior Business Day's NAV and the reported closing price; (ii) the mid-point of the bid-ask price in relation to the NAV as of the time the NAV is calculated (the ``Bid-Ask Price''); (iii) calculation of the premium or discount of such price against such NAV; (iv) data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters; (v) the prospectus; (vi) the holdings of the Trust, including CERFs, cash and Treasury securities; (vii) the Basket Amount; and (viii) other applicable quantitative information. The Exchange on its Web site at http://www.nyse.com will include a hyperlink to the Trust's Web site at http://www.iShares.com. As described above, the NAV for the Fund will be calculated and disseminated daily. The NYSE also intends to disseminate, during NYSE trading hours for the Trust on a daily basis by means of CTA/CQ High Speed Lines information with respect to the Indicative Value (as discussed below), recent NAV, and Shares outstanding. The Exchange will also make available on http://www.nyse.com daily trading volume, closing prices, and the NAV. Real-time information is available about the Trust's holdings in the Investing Pool. Various data vendors and news publications publish futures prices and data. Futures quotes and last sale information for the commodities underlying the Index and the CERFs are widely disseminated through a variety of market data vendors worldwide, including Bloomberg and Reuters. In addition, complete real-time data for such futures, including the CERFs, is available by subscription from Reuters and Bloomberg. The futures exchanges or which the underlying commodities [[Page 21084]] and CERFs trade also provide delayed futures information on current and past trading sessions and market news generally free of charge on their respective Web sites. The specific contract specifications for the futures contracts are also available from the futures exchanges on their Web sites as well as other financial informational sources. As stated above, major market data vendors will disseminate at least every 15 seconds (during the time that the Shares trade on the Exchange) the GSCI and Index values. Additionally, major market data vendors will disseminate at least every 15 seconds (during the time that the Shares trade on the Exchange) the value of the GSCI-ER, which the CERFs (held by the Investing Pool) trading on CME are designed to track.\23\ Daily settlement values for the GSCI, the Index, and the GSCI-ER are also widely disseminated.\24\ --------------------------------------------------------------------------- \23\ The value of a Share may accordingly be influenced by non- concurrent trading hours between the NYSE and the various futures exchanges on which the futures contracts based on the Index commodities are traded. While the Shares will trade on the NYSE from 9:30 a.m. to 4:15 p.m. New York time, the table above lists the trading hours for each of the Index commodities underlying the futures contracts. \24\ April 13 Telephone Conference. --------------------------------------------------------------------------- o. Indicative Value In order to provide updated information relating to the Trust for use by investors, professionals, and other persons, the Exchange will disseminate through the facilities of CTA an updated Indicative Value on a per Share basis as calculated by Bloomberg. The Indicative Value will be disseminated at least every 15 seconds from 9:30 a.m. to 4:15 p.m. New York time. The Indicative Value will be calculated based on the cash and collateral in a Basket Amount divided by 50,000, adjusted to reflect the market value of the investments held by the Investing Pool, i.e., CERFs.\25\ The Indicative Value will not reflect price changes to the price of an underlying commodity between the close of trading of the futures contract at the relevant futures exchange and the close of trading on the NYSE at 4:15 p.m. New York time. --------------------------------------------------------------------------- \25\ Telephone conference between Michael Cavalier, Assistant General Counsel, NYSE, and Florence Harmon, Senior Special Counsel, Commission, on April 5, 2006 (authorizing clarification of sentence). --------------------------------------------------------------------------- When the market for futures trading for each of the Index commodities is open, the Indicative Value can be expected to closely approximate the value per Share of the Basket Amount. However, during NYSE trading hours when the futures contracts have ceased trading, spreads and resulting premiums or discounts may widen, and, therefore, increase the difference between the price of the Shares and the NAV of the Shares. Indicative Value on a per Share basis disseminated during NYSE trading hours should not be viewed as a real time update of the NAV, which is calculated only once a day. The Exchange believes that dissemination of the Indicative Value provides additional information that is not otherwise available to the public and is useful to professionals and investors in connection with the Shares trading on the Exchange or creation or redemption of the Shares. p. Other Characteristics of the Shares i. General Information A minimum of three Baskets, representing 150,000 Shares, will be outstanding at the commencement of trading on the Exchange. Trading in Shares on the Exchange will be effected normally until 4:15 p.m. each day on which the Exchange is open for trading. The minimum trading increment for Shares on the Exchange will be $0.01. ii. Fees The Exchange original listing fee applicable to the listing of the Trust will be $5,000. The annual continued listing fee for the Trust will be $2,000. iii. Continued Listing Criteria Under the applicable continued listing criteria, the Shares may be delisted as follows: (i) Following the initial twelve-month period beginning upon the commencement of trading of the Shares, there are fewer than 50 record and/or beneficial holders of the Shares for 30 or more consecutive trading days; (ii) the value of the Index ceases to be calculated or available on at least a 15-second basis from a source unaffiliated with the Sponsor, the Trust or the Trustee; (iii) the Indicative Value ceases to be available on at least a 15-second delayed basis; or (iv) such other event shall occur or condition exist that, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. In addition, the Exchange will remove Shares from listing and trading upon termination of the Trust. Additionally, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act,\26\ seeking approval to continue trading the Shares and unless approved, the Exchange will commence delisting the Shares if: --------------------------------------------------------------------------- \26\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- Additionally, the Exchange will file a proposed rule change pursuant to Rule 19b-4 under the Act,\27\ seeking approval to continue trading the Notes and unless approved, the Exchange will commence delisting the Shares if: --------------------------------------------------------------------------- \27\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- The Index Sponsor substantially change either the Index component selection methodology or the weighting methodology; If a new component is added to the Index (or pricing information is used for a new or existing component) that constitutes more than 10% of the weight of the Index with whose principal trading market the Exchange does not have a comprehensive surveillance sharing agreement; \28\ or --------------------------------------------------------------------------- \28\ April 10 Telephone Conference. --------------------------------------------------------------------------- If a successor or substitute index is used in connection with the Shares. The filing will address, among other things the listing and trading characteristics of the successor or substitute index and the Exchange's surveillance procedures applicable thereto. q. Exchange Trading Rules and Policies The Shares are considered ``securities'' pursuant to NYSE Rule 3 and are subject to all applicable trading rules. The Trust is exempt from corporate governance requirements in section 303A of the NYSE Listed Company Manual, including the Exchange's audit committee requirements in Section 303A.06.\29\ --------------------------------------------------------------------------- \29\ See Rule 10A-3(c)(7), 17 CFR 240.10A-3(c)(7) (stating that a listed issuer is not subject to the requirements of Rule 10A-3 if the issuer is organized as a trust or other unincorporated association that does not have a board of directors and the activities of the issuer are limited to passively owning or holding securities or other assets on behalf of or for the benefit of the holders of the listed securities). See also Securities Exchange Act Release No. 48745 (November 4, 2003), 68 FR 64154 (November 12, 2003) (SR-NYSE-2002-33, SR-NASD- 2002-77, et al.) (specifically noting that the corporate governance standards will not apply to, among others, passive business organizations in the form of trusts); Securities Exchange Act Release No. 47654 (April 25, 2003), 68 FR 18787 (April 16, 2003) (noting in Section II(F)(3)(c) that ``SROs may exclude from Exchange Act Rule 10A-3's requirements issuers that are organized as trusts or other unincorporated associations that do not have a board of directors or persons acting in a similar capacity and whose activities are limited to passively owning or holding (as well as administering and distributing amounts in respect of) securities, rights, collateral or other assets on behalf of or for the benefit of the holders of the listed securities.'') --------------------------------------------------------------------------- The Exchange will adopt new NYSE Rule 1300B (``Commodity Trust Shares'') to deal with issues related to the trading of the Shares. Specifically, for purposes of NYSE Rules 13 (``Definitions of Orders''), 36.30 (``Communications Between Exchange and Members' Offices''), 98 [[Page 21085]] (``Restrictions on Approved Person Associated with a Specialist's Member Organization), 104 (``Dealings by Specialists''), 105(m) (``Guidelines for Specialist's'' Specialty Stock Option Transactions Pursuant to Rule 105''), 460.10 (``Specialists Participating in Contests''), 1002 (``Availability of Automatic Feature''), and 1005 (``Order May Not Be Broken Into Smaller Accounts''), the Shares will be treated similar to Investment Company Units.\30\ --------------------------------------------------------------------------- \30\ In particular, proposed NYSE Rule 1300B provides that NYSE Rule 105(m) is deemed to prohibit an equity specialist, his member organization, other member, allied member or approved person in such member organization or officer or employee thereof from acting as a market maker or functioning in any capacity involving market-making responsibilities in the applicable futures contracts, except as otherwise provided therein. --------------------------------------------------------------------------- When these Rules discuss Investment Company Units, references to the word index (or derivative or similar words) will be deemed to be references to the applicable commodity or commodity index price and reference to the word security (or derivative or similar words) will be deemed to be references to the Commodity Index Trust Shares. The Exchange does not currently intend to exempt Commodity Trust Shares from the Exchange's ``Market-on-Close/Limit-on-Close/Pre-Opening Price Indications'' Policy, although the Exchange may do so by means of a rule change in the future if, after having experience with the trading of the Shares, the Exchange believes such an exemption is appropriate. i. Trading Halts With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. Trading on the Exchange in the Shares may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include (1) the extent to which trading is not occurring in the underlying commodities or (2) whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading in Shares is subject to trading halts caused by extraordinary market volatility pursuant to Exchange's ``circuit breaker'' rule.\31\ The Exchange will halt trading in the Shares if the value of the Index is no longer calculated or available on at least a 15-second basis through one or more major market data vendors during the time the Shares trade on the NYSE, or if the Indicative Value per Share updated at least every 15 seconds is no longer calculated or available.\32\ --------------------------------------------------------------------------- \31\ NYSE Rule 80B. \32\ In such events, the Exchange would immediately contact the Commission to discuss measures that may be appropriate under the circumstances. --------------------------------------------------------------------------- ii. Specialists' Trading Obligations New Supplementary Material .10 to proposed NYSE Rule 1301B would apply the provisions of proposed Rule 1300B(b) and Rule 1301B to certain securities listed on the Exchange pursuant to section 703.19 (``Other Securities'') of the NYSE Listed Company Manual. Specifically, proposed NYSE Rules 1300B(b) and 1301B will apply to securities listed under section 703.19 where the price of such securities is based in whole or part on the price of a commodity or commodities, a commodities index, or any futures contracts or other derivatives based thereon. Examples of the securities to which Supplementary Material .10 will apply are the subjects of the following File Nos.: (i) SR-NYSE-2006-16 (proposal to list and trade Index-Linked Securities of Barclays Bank PLC linked to the performance of the Dow Jones-AIG Commodity Index Total ReturnTM); (ii) SR-NYSE-2006-19 (proposal to list and trade Index-Linked Securities of Barclays Bank PLC linked to the performance of the Goldman Sachs Crude Oil Total Return IndexTM); and (iii) File No. SR-NYSE-2006-20 (proposal to list and trade Index-Linked Securities of Barclays Bank PLC linked to the performance of the GSCI Total Return Index TM). As a result of application of proposed NYSE Rule 1300B(b), the specialist in a relevant security listed under section 703.19 (``Section 703.19 security''), the specialist's member organization and other specified persons will be prohibited under paragraph (m) of NYSE Rule 105 Guidelines from acting as market maker or functioning in any capacity involving market-making responsibilities in the physical commodities included in, or options, futures or options on futures on, the index underlying the relevant section 703.19 security, or any other derivatives (collectively, ``derivative instruments'') based on such index. A specialist entitled to an exemption under NYSE Rule 98 from paragraph (m) of NYSE Rule 105 Guidelines could act in a market making capacity in physical commodities included in, or derivative instruments based on such index, other than as a specialist in the same section 703.19 security in another market center. Under proposed NYSE Rule 1301B(a), the member organization acting as specialist in a Section 703.19 security: (i) Will be obligated to conduct all trading in the specialty security in its specialist account, (subject only to the ability to have one or more investment accounts, all of which must be reported to the Exchange); (ii) will be required to file with the Exchange and keep current a list identifying all accounts for trading in the physical commodities included in, or derivative instruments based on the relevant index, which the member organization acting as specialist may have or over which it may exercise investment discretion; and (iii) will be prohibited from trading in physical commodities included in, or derivative instruments based on the relevant index, in an account in which a member organization acting as specialist, controls trading activities which have not been reported to the Exchange as required by proposed NYSE Rule 1301B. Under Rule 1301B(b), the member organization acting as specialist in a relevant section 703.19 security will be required to make available to the Exchange such books, records or other information pertaining to transactions by the member organization and other specified persons for its or their own accounts in derivative instruments on an index underlying such section 703.19 security or any commodity included in such index, as may be requested by the Exchange. This requirement is in addition to existing obligations under Exchange rules regarding the production of books and records. Under proposed NYSE Rule 1301B(c), in connection with trading derivative instruments based on an index underlying a relevant section 703.19 security in which the member organization acts as specialist, the specialist could not use any material nonpublic information received from any person associated with a member or employee of such person regarding trading by such person or employee in derivative instruments based on the underlying index or in any commodity included in such index. r. Surveillance The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Shares and the Index components. The Exchange will rely upon existing NYSE surveillance procedures governing equities with respect to surveillance of the Shares. The Exchange believes that these procedures are adequate to monitor Exchange trading of the Shares, to detect violations of Exchange rules, consequently deterring manipulation. In this regard, the Exchange currently has [[Page 21086]] the authority under NYSE Rule 476 to request the Exchange specialist in the Shares to provide NYSE Regulation with information that the specialist uses in connection with pricing the Shares on the Exchange, including specialist proprietary or other information regarding securities, commodities, futures, options on futures or other derivative instruments. The Exchange believes it also has authority to request any other information from its members--including floor brokers, specialists and ``upstairs'' firms--to fulfill its regulatory obligations.\33\ --------------------------------------------------------------------------- \33\ As a general matter, the Exchange has regulatory jurisdiction over its member organizations and any person or entity controlling a member organization. The Exchange also has regulatory jurisdiction over a subsidiary or affiliate of a member organization that is in the securities business. A member organization subsidiary or affiliate that does business only in commodities would not be subject to NYSE jurisdiction, but the Exchange could obtain certain information regarding the activities of such subsidiary or affiliate through reciprocal agreements with regulatory organizations of which such subsidiary or affiliate is a member. --------------------------------------------------------------------------- With regard to the Index components, the Exchange can obtain market surveillance information, including customer identity information, with respect to transactions occurring on the New York Mercantile Exchange (``NYMEX''), the Kansas City Board of Trade, ICE and the LME, pursuant to its comprehensive information sharing agreements with each of those exchanges. All of the other trading venues on which current Index components are traded are members of the Intermarket Surveillance Group (``ISG'') and the Exchange therefore has access to all relevant trading information with respect to those contracts without any further action being required on the part of the Exchange. If at any time the Index Sponsor includes in the Index a contract traded on any other market which is not a member or affiliate of the ISG and with respect to which the Exchange does not have a preexisting comprehensive information sharing agreement previously reviewed and found acceptable by the Commission, then, prior to the inclusion of such contract in the Index, the Exchange will: (i) Enter into adequate information sharing arrangements with that other market; and (ii) contact the Commission to discuss measures that may be appropriate under the circumstances, including whether the Exchange should file proposed rule change seeking Commission approval prior to the inclusion of the new contract in the Index. s. Due Diligence Before a member, member organization, allied member or employee thereof recommends a transaction in the Shares, such person must exercise due diligence to learn the essential facts relative to the customer pursuant to NYSE Rule 405, and must determine that the recommendation complies with all other applicable Exchange and Federal rules and regulations. A person making such recommendation should have a reasonable basis for believing, at the time of making the recommendation, that the customer has sufficient knowledge and experience in financial matters that he or she may reasonably be expected to be capable of evaluating the risks and any special characteristics of the recommended transaction, and is financially able to bear the risks of the recommended transaction. t. Information Memo The Exchange will distribute an information memo (``Memo'') to its members in connection with the trading in the Shares. The Memo will discuss the special characteristics and risks of trading this type of security. Specifically, the Memo, among other things, will discuss what the Shares are, that Shares are not individually redeemable but are redeemable only in Baskets of 50,000 shares or multiples thereof, how a Basket is created and redeemed, applicable Exchange rules, the Indicative Value, dissemination information, trading information and the applicability of suitability rules, and exemptive relief granted by the Commission from certain rules under the Act.\34\ The Memo will also reference that the Trust is subject to various fees and expenses described in the Registration Statement. Finally, the Memo will also note to members language in the Registration Statement regarding prospectus delivery requirements for the Shares. The Memo will also reference the fact that there is no regulated source of last sale information regarding physical commodities and that the Commission has no jurisdiction over the trading of physical commodities or the futures contracts on which the value of the shares is based. --------------------------------------------------------------------------- \34\ The applicable rules are: Rule 10a-1; Rule 200(g) of Regulation SHO; section 11(d)(1) and Rule 11d1-2; and Rules 101 and 102 of Regulation M under the Act. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the basis under the Act for this proposed rule change is the requirement under section 6(b)(5) \35\ that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to, and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest. --------------------------------------------------------------------------- \35\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule change; or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. The NYSE has requested accelerated approval of the proposed rule change prior to the thirtieth day after the date of publication of notice in the Federal Register, following the conclusion of a 15-day comment period. While the Commission will not grant accelerated approval at this time, the Commission will consider granting accelerated approval of the proposal at the close of the abbreviated comment period of 15 days from the date of publication of the proposal in the Federal Register. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: [[Page 21087]] Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File No. SR-NYSE-2006-17 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2006-17. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2006-17 and should be submitted on or before May 9, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\36\ --------------------------------------------------------------------------- \36\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6077 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.523031

FR

FR-2006-04-24/E6-6072

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21087-21088] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6072] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53670; File No. SR-Phlx-2006-21] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating To Delaying Implementation of Its Cancellation Fee April 18, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given that on March 31, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Phlx. The Phlx has filed the proposed rule change as one establishing or changing a due, fee, or other charge imposed by the Phlx under Section 19(b)(3)(A)(ii) \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(ii). \4\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the effective date for the cancellation fee it recently established \5\ from January 2, 2006 to May 1, 2006. The Exchange also proposes to clarify that the cancellation fee will not be assessed on any cancellation orders received prior to the opening of trading. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 53226 (February 3, 2006), 71 FR 7602 (February 13, 2006) (SR-Phlx-2005-92). --------------------------------------------------------------------------- II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Previously, the Exchange adopted a cancellation fee of $1.10 per cancellation order to be assessed on member organizations for each cancelled AUTOM-delivered \6\ order in excess of the number of orders executed on the Exchange by that member organization in a given month.\7\ The cancellation fee was not to be assessed in a month in which fewer than 500 AUTOM-delivered orders were cancelled. Simple cancels and cancel-replacement orders were the types of orders that were to be counted when calculating the number of AUTOM-delivered orders.\8\ The objective of the fee was to discourage excessive use of cancellations.\9\ --------------------------------------------------------------------------- \6\ AUTOM is the Exchange's electronic order delivery, routing, execution and reporting system, which provides for the automatic entry and routing of equity option and index option orders to the Exchange trading floor. See Exchange Rules 1014(b)(ii) and 1080. \7\ See supra note 5. \8\ A cancel-replacement order is a contingency order consisting of two or more parts, which require the immediate cancellation of a previously received order prior to the replacement of a new order with new terms and conditions. If the previously placed order is already filled partially or in its entirety, the replacement order is automatically canceled or reduced by such number. See Exchange Rule 1066(c)(7). \9\ The proposal did not cover orders delivered through the Exchange's Floor Broker Management System. --------------------------------------------------------------------------- Prior to implementing the cancellation fee, the Exchange analyzed data and then discussed with member organizations the potential effect of the fee. However, it later came to the attention of the Exchange that the data analyzed by the Exchange was incomplete. Therefore, member organizations, based on the Exchange's analysis, did not believe it was necessary to monitor the use of cancellation orders by any of their respective customers. In actuality, the assessment of the cancellation fee for some member organizations greatly exceeded the estimated amount that was communicated to them. At this time, the Exchange has discussed with the affected member organizations the amount of the cancellation fees that would have been incurred based on revised and complete January and February 2006 data. Therefore, the Exchange proposes to delay implementation of the cancellation fee until May 1, 2006 to allow member organizations the opportunity either to change behavior or [[Page 21088]] to determine how to most effectively deal with these charges. The Exchange believes it is appropriate to delay implementation of the cancellation fee due to the incomplete data that had been previously communicated to the member organizations.\10\ In addition, the Exchange seeks to clarify that pre-market cancellations are not included in the calculation of the cancellation fee because this is not the type of behavior that the Exchange is trying to discourage. No other changes are being proposed in connection with the delayed assessment of the cancellation fee. --------------------------------------------------------------------------- \10\ The Exchange indicated that no rebates need to be processed. Although January and February cancellation charges were billed on the February invoice, the Exchange separately discovered a billing issue and credited the amount of cancellation charges billed to member organizations while the billing issue was reviewed. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal to amend its schedule of fees is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Section 6(b)(4) of the Act,\12\ in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act \13\ and Rule 19b-4(f)(2) \14\ thereunder. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \13\ 15 U.S.C. 78s(b)(3)(A)(ii). \14\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an e-mail to [email protected]. Please include File Number SR-Phlx-2006-21 on the subject line. Paper Comments Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2006-21. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2006-21 and should be submitted on or before May 15, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\15\ --------------------------------------------------------------------------- \15\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Nancy M. Morris, Secretary. [FR Doc. E6-6072 Filed 4-21-06; 8:45 am] BILLING CODE 8010-01-P

usgpo

2024-10-08T14:08:35.556182

FR

FR-2006-04-24/E6-6027

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21088-21089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6027] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION Agency Information Collection Activities: Proposed Request The Social Security Administration (SSA) publishes a list of information collection packages that will require clearance by the Office of Management and Budget (OMB) in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. The information collection packages that may be included in this notice are for new information collections, approval of existing information collections, revisions to OMB-approved information collections, and extensions (no change) of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and on ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Written comments and recommendations regarding the information collection(s) should be submitted to the SSA Reports Clearance Officer. The information can be mailed and/or faxed to the addresses and fax number listed below: (SSA) Social Security Administration, DCFAM, Attn: Reports Clearance Officer, 1338 Annex Building, 6401 Security Blvd., Baltimore, MD 21235, Fax: 410-965-6400. The information collection listed below is pending at SSA and will be submitted to OMB within 60 days from the date of this notice. Therefore, your comments should be submitted to SSA within 60 days from the date of this publication. You can obtain a copy of the collection instrument by calling the SSA Reports Clearance Officer at 410-965-0454 or by writing to the address listed above. SSI Monthly Wage Reporting Phase 2 Pilot--20 CFR 416.701-732--0960- 0715. Supplemental Security Income (SSI) recipients are required to report changes in their income, resources and living arrangements that may affect eligibility or payment amount. [[Page 21089]] Currently, SSI recipients report changes on Form SSA-8150, Reporting Events--SSI, or to an SSA teleservice representative through SSA's toll-free telephone number, or they visit their local Social Security office. The SSI wage reporting program area has the highest error rate largely due to non-reporting, which accounts for approximately $500 million in overpayments each year. Consequently, SSA is evaluating methods for increasing reporting. SSA is conducting a pilot to test an additional method for individuals to report wages for the SSI program. We are testing to determine if, given an easily accessible automated format, individuals will increase compliance with reporting responsibilities. Increased timely reporting could result in a decrease in improper payments. SSA will also be testing the use of knowledge- based authentication to determine if this is an effective method of accessing SSA's system. Lastly, SSA will test recent system enhancements and additional systems enhancements expected in May 2006 that will make reporting easier. During the pilot, participants who need to report a change in earned income will call an SSA toll-free telephone number to report the change. The participants will access SSA's system using knowledge-based authentication (providing name, SSN and date of birth). Participants will either speak their report (voice recognition technology) or key in the information using the telephone key pad. SSA will issue receipts to participants who report wages using this method. Respondents to this collection are SSI recipients, deemors and representative payees of recipients who agree to participate in the pilot. Type of Request: Extension of OMB approval. Number of Respondents: 600. Frequency of Response: 7. Average Burden Per Response: 5 minutes. Estimated Annual Burden: 350 hours. Dated: April 18, 2006. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E6-6027 Filed 4-21-06; 8:45 am] BILLING CODE 4191-02-P

usgpo

2024-10-08T14:08:35.579400

FR

FR-2006-04-24/E6-6107

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6107] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice 5380] Determination Related to the Participation of the Magen David Adom Society of Israel in the Activities of the International Red Cross and Red Crescent Movement Pursuant to the requirements contained in the FY 2006 Foreign Operations, Export Financing and Related Programs Appropriations Act (Pub. L. 109-102), under the heading of Migration and Refugee Assistance, I hereby determine that the Magen David Adom Society of Israel is not being denied participation in the activities of the International Red Cross and Red Crescent Movement. This Determination shall be published in the Federal Register and copies shall be provided to the appropriate committees of Congress. Dated: April 14, 2006. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E6-6107 Filed 4-21-06; 8:45 am] BILLING CODE 4710-33-P

usgpo

2024-10-08T14:08:35.594902

FR

FR-2006-04-24/06-3902

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3902] ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice 5378] Revised Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Friday, April 28, 2006, from 10 a.m. to approximately 4 p.m., as necessary, in Room 1105 of the United States Department of State, 2201 C Street, NW., Washington, DC. The meeting will be chaired by the Legal Adviser of the Department of State, John B. Bellinger, III, and will be open to the public up to the capacity of the meeting room. The meeting will discuss various issues relating to current international legal topics, including the law of armed conflict and human rights, immunity for visiting artworks, international criminal accountability, and current issues related to nuclear cooperation. Entry to the building is controlled and will be facilitated by advance arrangements. Members of the public desiring access to the session should, by Tuesday, April 25, 2006, notify the Office of the Assistant Legal Adviser for United Nations Affairs (telephone: 202-647- 2767) of their name, date of birth; citizenship (country); ID number, i.e., U.S. government ID (agency), U.S. military ID (branch), passport (country), or drivers license (state); professional affiliation, address and telephone number in order to arrange admittance. This includes admittance for government employees as well as others. All attendees must use the ``C'' Street entrance, after being screened through the exterior screening facilities. One of the following valid IDs will be required for admittance: Any U.S. driver's license with photo, a passport, or a U.S. Government agency ID. Because an escort is required at all times, attendees should expect to remain in the meeting for the entire morning or afternoon session. Dated: April 19, 2006. Judith L. Osborn, Attorney-Adviser, Office of United Nations Affairs, Office of the Legal Adviser, Executive Director, Advisory Committee on International Law, Department of State. [FR Doc. 06-3902 Filed 4-21-06; 8:45 am] BILLING CODE 4710-08-P

usgpo

2024-10-08T14:08:35.609034

FR

FR-2006-04-24/06-3857

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21089-21090] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3857] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activity Under OMB Review, Request for Comments; Renewal of an Approved Information Collection Activity, Operating Requirements: Commuter and On-Demand Operation AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. The Federal Register Notices with a 60-day comment period soliciting comments on the following collection of information was published on January 18, 2006, volume 71, 11, page 2982. Standards have been established for the operation of agricultural aircraft and for the dispensing of chemicals, pesticides, and toxic substances. Information collected shows applicant compliance and eligibility for certification by FAA. DATES: Please submit comments by May 24, 2006. FOR FURTHER INFORMATION CONTACT: Judy Street on (202) 267-9895. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA) Title: Operating Requirements: Commuter and On-Demand Operation. Type of Request: Revision of an approved collection. OMB Control Number: 2120-0039. [[Page 21090]] Form(s): FAA Form 8070-1. Affected Public: A total of 2426 respondents. Frequency: The information is collected on an as-needed basis. Estimated Average Burden Per Response: Approximately 30 minutes per response, depending on the activity. Estimated Annual burden Hours: an estimated 1,147,928 hours annually. Abstract: Title 49 U.S.C. 44702, authorizes the issuance of air carrier operating certificates. 14 CFR part 135 prescribes requirements for Air Carrier/Commercial Operators. The information collected shows compliance and applicant eligibility. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, Office of management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention FAA Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on April 18, 2006. Judith D. Street, FAA Information Collection Clearance Officer, Information Systems and Technology Services Staff, ABA-20. [FR Doc. 06-3857 Filed 4-21-06; 8:45 am] BILLING CODE 4910-13-M

usgpo

2024-10-08T14:08:35.626941

FR

FR-2006-04-24/06-3858

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21090] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-3858] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Policy Statement No. ANM-05-115-019] Interim Guidelines for Certification and Continued Airworthiness of Unbalanced Control Surfaces With Freeplay and Other Nonlinear Features AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed interim guidelines; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Aviation Administration (FAA) announces the availability of proposed Interim Guidelines for Certification and Continued Airworthiness of Unbalanced Control Surfaces with Freeplay and Other Nonlinear Features. DATES: Send your comments on or before May 25, 2006. ADDRESSES: Address your comments to the individual identified under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Gerald Lakin, Federal Aviation Administration, Transport Airplane Directorate, Transport Standards Staff, Standardization Branch, ANM-113, 1601 Lind Avenue, SW., Renton, WA 98055-4056; telephone (425) 227-1187; fax (425) 227-1320; e-mail: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited The proposed memorandum is available on the Internet at the following addresses: http://www.airweb.faa.gov/rgl, and http://www.faa.gov/aircraft/draft_docs. If you do not have access to the Internet, you can obtain a copy of the proposed memorandum by contacting the person listed under FOR FURTHER INFORMATION CONTACT. The FAA invites your comments on this proposed memorandum. We will accept your comments, data, views, or arguments by letter, fax, or e- mail. Send your comments to the person indicated in FOR FURTHER INFORMATION CONTACT. Mark your comments, ``Comments to Policy Statement No. ANM-05-115-019.'' Use the following format when preparing your comments: Organize your comments issue-by-issue. For each issue, state what specific change you are requesting to the proposed interim guidelines. Include justification, reasons, or data for each change you are requesting. We also welcome comments in support of the proposed interim guidelines. We will consider all communications received on or before the closing date for comments. We may change the proposed interim guidelines because of the comments received. Background This memorandum clarifies FAA guidance on the design, certification, and continued airworthiness of control surfaces that rely on retention of restraint stiffness for flutter prevention. These control surfaces typically do not have added mass balance, but there are some that are partially mass balanced for which the guidelines would also apply. This memorandum provides acceptable means of establishing and certifying freeplay limits and inspection procedures, provides guidance for managing freeplay over the airplane service life, and provides a means of finding compliance for control system designs whose failure can result in a nonlinear aeroelastic configuration and limit cycle oscillation (LCO). This memorandum provides interim guidelines and standardized methods of compliance that address the inadequacies of current guidance, until the FAA revises the applicable guidance contained in AC 25.629-1A. Issued in Renton, Washington, on April 9, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-3858 Filed 4-21-06; 8:45 am] BILLING CODE 4910-13-M

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2024-10-08T14:08:35.656553

FR

FR-2006-04-24/E6-6038

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21090-21091] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6038] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No: MARAD 2006-24149] Availability of a Draft FONSI/FONPA AGENCY: Department of Transportation, Maritime Administration. ACTION: Notice of the Availability of a draft Finding of No Significant Impact/Finding of No Practicable Alternative. ----------------------------------------------------------------------- SUMMARY: The purpose of this Notice is to make available to the public the draft Finding of No Significant Impact/Finding of No Practicable Alternative (FONSI/FONPA) for the Port of Anchorage Intermodal Expansion, North End Runway Material Extraction and Transport Project (Project). A draft Environmental Assessment (EA), dated March 2006, was prepared that analyzed the potential impacts on the human and natural environment associated with the proposed material extraction activities at the North End Borrow Site and potential transportation corridors located on Elmendorf Air Force Base (EAFB). A final EA and a final FONSI/FONPA will be published once comments have been properly addressed. This environmental documentation supports the proposed expansion of the Port of Anchorage (POA), which includes a variety of activities to enhance the transportation of goods and people within the State of Alaska. DATES: Comments on this draft FONSI/FONPA must be received by May 24, 2006. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number MARAD-2006-24149] by any of the following methods: [[Page 21091]] Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Mail: Docket Management Facility; U.S. Department of Transportation, 400 7th St., SW., Nassif Building, Room PL-401, Washington, DC 20590-001. Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 7th St., SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: All submissions must include the agency name and docket number for this action. Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to Room PL- 401 on the plaza level of the Nassif Building, 400 7th St., SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Daniel E. Yuska, Jr., Environmental Protection Specialist, Office of Environmental Activities, U.S. Maritime Administration, 400 Seventh Street, SW., Washington, DC 20590; telephone (202) 366-0714, fax (202) 366-6988. SUPPLEMENTARY INFORMATION: An electronic version of this document and all documents entered into this docket are available at http://dms.dot.gov. In addition, copies of the EA are available for public viewing on the Port of Anchorage Web site (www.portofanchorage.org) or at the Loussac Library in Anchorage. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov. Authority: 49 CFR 1.66. Dated: April 18, 2006. By Order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6-6038 Filed 4-21-06; 8:45 am] BILLING CODE 4910-81-P

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2024-10-08T14:08:35.670939

FR

FR-2006-04-24/E6-6084

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21091-21092] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6084] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request April 18, 2006. The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. Dates: Written comments should be received on or before May 24, 2006 to be assured of consideration. Internal Revenue Service (IRS) OMB Number: 1545-0957. Type of Review: Extension. Title: Request for Waiver from Filling Information Returns Electronically/Magnetically (Forms W-2, W-2G, 1042-1098 Series, 1099 Series, 5498 Series, and 8027. Form: IRS F-8508. Description: Certain filers of information returns are required by law to file on magnetic media. In some instances, waivers from this requirement are necessary and justified. Form 8508 is submitted by the filer and provides information on which IRS will base its waiver determination. Respondents: Business or other for-profit; Not-for-profit institutions; Farms; Federal Government; State, Local or Tribal Government. Estimated Total Burden Hours: 750 hours. OMB Number: 1545-1233. Type of Review: Extension. Title: Adjusted Current Earnings (IA-14-91) (Final). Description: This regulation affects business and other for-profit institutions. This information is required by the IRS to ensure the proper application of section 1.56(g)-1 of the regulation. It will be used to verify that taxpayers have properly elected the benefits of section 1.56(g)-1(r) of the regulation. Respondents: Business or other for-profit. Estimated Total Burden Hours: 1,000 hours. OMB Number: 1545-1810. Type of Review: Extension. Title: Credit for Small Employer Pension Plan Startup Costs. Form: IRS F-8881. Description: Qualified small employers use Form 8881 to request a credit for start up costs related to eligible retirement plans. Form 8881 implements section 45E, which provides a credit based on costs incurred by an employer in establishing or administering an eligible employer plan or for the retirement-related education of employees with respect to the plan. The credit is 50% of the qualified costs for the tax year, up to a maximum credit of $500 for the first tax year and each of the two subsequent tax years. Respondents: Business or other for-profit. Estimated Total Burden Hours: 526,670 hours. OMB Number: 1545-1815. Type of Review: Extension. Title: Coverdell ESA Contribution Information. Form: IRS F-5498-ESA. Description: Form 5498-ESA is used by trustees and issuers of Coverdell Education Savings accounts to report contributions made to these accounts to beneficiaries. Respondents: Business or other for-profit. Estimated Total Burden Hours: 18,000 hours. OMB Number: 1545-1824. Type of Review: Extension. Title: REG-139768-02 (Final) Excise Tax Relating to Structured Settlement Factoring Transactions. Description: The regulations provide rules relating to the manner and method of reporting and paying the 40 percent excise tax imposed by section 5891 of the Internal Revenue Code with respect to acquiring of structured payment rights. Respondents: Individuals or households and Business or other for- profit. Estimated Total Burden Hours: 2 hours. OMB Number: 1545-1980. Type of Review: Extension. Title: Notice 2006-01, Charitable Contributions of Certain Motor Vehicles, Boats and Airplanes. Reporting Requirements under 170(f)(12)(D). Description: Charitable organizations are required to send an acknowledgment of car donations to the donor and to the [[Page 21092]] Service. The purpose of this is to prevent donors from taking inappropriate deductions. Respondents: Individuals or households and Not-for-profit institutions. Estimated Total Burden Hours: 21,500 hours. Clearance Officer: Glenn P. Kirkland, (202) 622-3428. Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. OMB Reviewer: Alexander T. Hunt, (202) 395-7316. Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E6-6084 Filed 4-21-06; 8:45 am] BILLING CODE 4830-01-P

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2024-10-08T14:08:35.685000

FR

FR-2006-04-24/E6-6085

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Page 21092] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6085] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request April 18, 2006. The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before May 24, 2006 to be assured of consideration. Bureau of Public Debt (PD) OMB Number: 1535-0012. Type of Review: Extension. Title: Request by Fiduciary for Reissue of United States Savings Bonds Organizations. Form: PD F 1455. Description: Used by fiduciary to request distribution of U.S. Savings bonds to the person(s) entitled. Respondents: Individuals or households. Estimated Total Burden Hours: 8,850 hours. OMB Number: 1535-0032. Type of Review: Extension. Title: Application for disposition of Retirement Plan/Individual Retirement Bonds without Admin. of Deceased Owners Estate. Form: PD F 3565. Description: Used by heirs of deceased owners of Retirement Plan/ Indiv. Retirement Bonds to request disposition. Respondents: Individuals or households. Estimated Total Burden Hours: 17 hours. OMB Number: 1535-055. Type of Review: Extension. Title: Creditors request for payment of Treasury Securities belonging to a decedent's estate being settled without administration. Form: PD F 1050. Description: Used to obtain creditor consent to dispose of securities of a deceased owner's estate without administration. Respondents: Business or other for-profit; Individuals or households. Estimated Total Burden Hours: 150 hours. OMB Number: 1535-0084. Type of Review: Extension. Title: Order for Series I/EE U.S. Savings Bonds and Order for Series I/EE U.S. Savings Bond in name of fiduciary. Form: PD F 5263, 5263-1, 5374 and 5374-1. Description: Completed by the purchaser to issue U.S. Savings Bonds. Respondents: Individuals or households. Estimated Total Burden Hours: 830,000 hours. OMB Number: 1535-0102. Type of Review: Extension. Title: Supporting Statement of Ownership for Overdue United States Bearer Securities. Form: PD F 1071. Description: Used to establish ownership and support a request for payment. Respondents: Individuals or households and Business or other for- profit. Estimated Total Burden Hours: 250 hours. OMB Number: 1535-0126. Type of Review: Extension. Title: Application for Issue of United States Mortgage Guaranty Insurance Company Tax and Loss Bonds. Form: PD F 3871. Description: Submitted by companies engaged in the business of writing mortgage guaranty insurance for purpose of purchasing ``Tax and Loss'' bonds. Respondents: Business or other for-profit. Estimated Total Burden Hours: 20 hours. Clearance Officer: Vicki S. Thorpe, (304) 480-8150. Bureau of the Public Debt, 200 Third Street, Parkersburg, West Virginia 26106. OMB Reviewer: Alexander T. Hunt, (202) 395-7316. Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Michael A. Robinson, Treasury PRA Clearance Officer. [FR Doc. E6-6085 Filed 4-21-06; 8:45 am] BILLING CODE 4810-39-P

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2024-10-08T14:08:35.698789

FR

FR-2006-04-24/E6-6031

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Notices] [Pages 21092-21093] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6031] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. ----------------------------------------------------------------------- SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. Currently, the OCC is soliciting comment concerning its collection titled ``Securities Offering Disclosure Rules--12 CFR Part 16''. The OCC is also giving notice that the information collection has been submitted to OMB for review. DATES: You should submit written comments by: May 24, 2006. ADDRESSES: You should direct all written comments to the Communications Division, Public Information Room, Mailstop 1-5, Attention: 1557-0120, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874-4448, or by electronic mail to [email protected]. You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874-5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557-0120, by mail to U.S. Office of Management and Budget, 725, 17th Street, NW., 10235, Washington, DC 20503, or by fax to (202) 395-6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Mary Gottlieb or Camille Dickerson, (202) 874-5090, Legislative and Regulatory Activities Division, Office of the [[Page 21093]] Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is requesting that OMB extend the expiration date on the following information collection: Title: Securities Offering Disclosure Rules--12 CFR Part 16. OMB Number: 1557-0120. Description: This submission covers an existing regulation and involves no change to the regulation or to the information collection requirements. The OCC requests only that OMB approve its estimates, revised to more accurately reflect the number of reports filed and the hours required to complete such reports. The requirements in part 16 enable the OCC to perform its responsibilities relating to offerings of securities by national banks by providing the investing public with facts about the condition of the bank, the reasons for raising new capital, and the terms of the offering. The public needs this information to make an informed decision on whether such securities are an appropriate investment. Section 16.3 requires a national bank to file its registration statement with the OCC. Section 16.5 provides exemptions for certain offers or sales of banks securities, which, in turn, require certain filings. Section 16.6 requires a national bank to file documents with the OCC and to make certain disclosures to purchasers in sales of nonconvertible debt. Section 16.7 provides exemptions for certain nonpublic offerings, which, in turn, require certain filings. Section 16.8 provides small issues exemptions, which, in turn, require certain filings. Section 16.15 requires a national bank to file a registration statement and sets forth content requirements for the registration statement. Section 16.20 requires a national bank to file current and periodic reports as required by sections 13 and 15(d) of the Exchange Act and those provisions of the Sarbanes-Oxley Act that the OCC is authorized to enforce. In addition, the OCC requires a national bank to give notice to it when the bank's duty to file public and periodic reports with the OCC is suspended. This requirement reflects SEC Rule 15d6. Section 16.30 requires a national bank to include certain elements and follow certain procedures in any request to the OCC for a no-objection letter. Estimated number of respondents: 81. Estimated number of responses: 191. Average hours per response: Varies. Estimated total burden hours: 5,333 hours. Likely respondents: National banks. Type of Review: Extension of a currently approved collection. Affected Public: Businesses or other for-profit. Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) The accuracy of the agency's estimate of the burden of the collection of information; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: April 18, 2006. Stuart Feldstein, Assistant Director, Legislative & Regulatory Activities Division. [FR Doc. E6-6031 Filed 4-21-06; 8:45 am] BILLING CODE 4810-33-P

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2024-10-08T14:08:35.723663

FR

FR-2006-04-24/FR-2006-04-24-ReaderAids

Federal Register Volume 71 Issue 78 (April 24, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)] [Reader Aids] [Pages i-viii] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] Reader Aids Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids [[Page i]] CUSTOMER SERVICE AND INFORMATION ---------------------------------------------------------- Federal Register/Code of Federal Regulations General Information, indexes and other finding 202-741-6000 aids Laws 741-6000 Presidential Documents Executive orders and proclamations 741-6000 The United States Government Manual 741-6000 Other Services Electronic and on-line services (voice) 741-6020 Privacy Act Compilation 741-6064 Public Laws Update Service (numbers, dates, etc.) 741-6043 TTY for the deaf-and-hard-of-hearing 741-6086 ========================================================== ELECTRONIC RESEARCH World Wide Web Full text of the daily Federal Register, CFR and other publications is located at: http://www.gpoaccess.gov/nara/ index.html Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access are located at: http://www.archives. gov/federal_register/ E-mail FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. To join or leave, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. PENS (Public Law Electronic Notification Service) is an e- mail service that notifies subscribers of recently enacted laws. To subscribe, go to http://listserv.gsa.gov/archives/ publaws-l.html and select Join or leave the list (or change settings); then follow the instructions. FEDREGTOC-L and PENS are mailing lists only. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations. ========================================================== FEDERAL REGISTER PAGES AND DATE, APRIL ---------------------------------------------------------- 16477-16690............................................. 3 16691-16972............................................. 4 16973-17334............................................. 5 17335-17690............................................. 6 17691-17966............................................. 7 17967-18160.............................................10 18161-18588.............................................11 18589-19096.............................................12 19097-19426.............................................13 19427-19620.............................................14 19621-19804.............................................17 19805-19982.............................................18 19983-20334.............................................19 20335-20516.............................................20 20517-20862.............................................21 20863-23854.............................................24 6 ---------------------------------------------------------- CFR PARTS AFFECTED DURING APRIL ---------------------------------------------------------- At the end of each month, the Office of the Federal Register publishes separately a List of CFR Sections Affected (LSA), which lists parts and sections affected by documents published since the revision date of each title. 3 CFR Proclamations: 7992.................................................16685 7993.................................................16687 7994.................................................16689 7995.................................................16969 7996.................................................16971 7997.................................................18157 7998.................................................18159 7999.................................................18585 8000.................................................18587 8001.................................................19983 8002.................................................20517 8003.................................................20863 8004.................................................20865 Executive Orders: 13398................................................20519 Administrative Orders; Memorandums: Memorandum of May 9, 2002 (Superseded by Memorandum of April 17, 2006)........................20333 Memorandum of April 6, 2006..........................19427 Memorandum of April 17, 2006.........................20333 5 CFR 213..................................................18161 1216.................................................17967 Proposed Rules: 875..................................................19459 6 CFR 5....................................................20523 Proposed Rules: 5....................................................16519 7 CFR 56...................................................20288 319..................................................19097 330..................................................16973 905..................................................16976 916..................................................17970 917..................................................17970 922..................................................16979 923..................................................17979 930..................................................16982 982..................................................18164 985..................................................16986 1033.................................................20335 1412.................................................17982 1437.................................................19805 1430.................................................19621 Proposed Rules: 28...................................................20350 58...................................................20351 205..................................................19131 301..................................................16711 330..................................................20030 868..................................................18231 984..................................................20902 1290.................................................20353 1496.................................................17767 8 CFR 204..................................................19805 Proposed Rules: 103..................................................20357 299..................................................20357 9 CFR 381..................................................20867 Proposed Rules: 93...................................................19134 94...................................................20030 317..................................................20041 381..................................................20041 390..................................................17384 442..................................................20041 10 CFR 72...................................................19806 110...........................................19102, 20336 300..................................................20784 Proposed Rules: 72...................................................19831 110..................................................19135 626..................................................20909 11 CFR 100..................................................18589 110..................................................18589 114..................................................18589 12 CFR 201..................................................16991 303..................................................20524 308..................................................20524 312..................................................20524 336..................................................20524 347..................................................20524 348..................................................20524 357..................................................20524 362..................................................20524 363..................................................20524 364..................................................20524 366..................................................20524 367..................................................20524 528..................................................19810 546..................................................19810 552..................................................19810 561..................................................19810 563..................................................19810 563b.................................................19810 563e.................................................18614 570..................................................19810 574..................................................19810 575..................................................19810 583..................................................19810 611..................................................18168 612..................................................18168 614..................................................18168 [[Page ii]] 615..................................................18168 618..................................................18168 619..................................................18168 620..................................................18168 630..................................................18168 Ch. XVII.............................................19985 Proposed Rules: 915..................................................19832 13 CFR 121..................................................19812 14 CFR 23...................................................17335 25.....................................18169, 18183, 18192 39........16477, 16691, 16992, 16994, 17691, 17694, 17696, 17698, 17700, 17983, 18194, 18197, 18199, 18201, 18205, 18207, 18210, 18618, 19104, 19107, 19108, 19110, 19114, 19624, 19627, 19628, 19788, 19986, 19994, 19998, 20001, 20528, 20530, 20531 71........16994, 16995, 16997, 16998, 18213, 19117, 19633, 19634, 19813, 19814, 20871, 20872, 20873, 20874, 20875, 20876 97..............................16999, 17342, 19635, 19636 121..................................................17000 Proposed Rules: 23...................................................20368 25.....................................18236, 19928, 20574 39........16716, 16721, 16725, 17033, 17035, 17037, 18237, 18239, 18242, 18244, 18247, 18249, 18251, 18253, 18686, 19136, 19138, 19140, 19142, 19144, 19661, 19662, 19663, 19835, 20042, 20593, 20595, 20597, 20599, 20915, 20919 71........17039, 17385, 17386, 17387, 17388, 17389, 18254, 19148, 20374 121.............................16678, 18255, 19928, 20574 129...........................................19928, 20574 382..................................................19838 15 CFR 730..................................................20876 732..................................................20876 734..................................................20876 738..................................................20876 740..................................................20876 742..................................................20876 743..................................................20876 746..................................................20876 748..................................................20876 750..................................................20876 752..................................................20876 762..................................................20876 770..................................................20876 772..................................................20876 774..................................................20876 902..................................................17985 Proposed Rules: 700..................................................19666 16 CFR Proposed Rules: 305..................................................18023 437..................................................19054 1214.................................................18030 17 CFR 202..................................................20340 279..................................................17344 Proposed Rules: 41...................................................18030 240..................................................18030 18 CFR 39...................................................19814 342..................................................18411 Proposed Rules: 1310.................................................19460 19 CFR 101..................................................20005 122..................................................20005 Proposed Rules: 24...................................................20922 111..................................................20922 20 CFR 405..................................................17990 21 CFR 510..................................................17701 520...........................................17701, 19429 524..................................................16481 558...........................................17702, 20533 610..................................................20533 Proposed Rules: 201..................................................18039 211..................................................18039 878..................................................17390 22 CFR 34...................................................16481 62...................................................16696 120..................................................20534 121..................................................20534 122..................................................20534 123..................................................20534 124..................................................20534 125..................................................20534 126..................................................20534 127..................................................20534 128..................................................20534 129..................................................20534 130..................................................20534 Proposed Rules: 62...................................................17768 23 CFR 1313.................................................20555 1327.................................................19823 Proposed Rules: 634..................................................20925 635..................................................19667 773..................................................17040 24 CFR 207..................................................18152 3280.................................................19638 25 CFR 517..................................................20006 26 CFR 1......................................17990, 18623, 19117 602..................................................17990 Proposed Rules: 1...............................18053, 19669, 20044, 20376 27 CFR 1....................................................16918 4....................................................16918 5....................................................16918 6....................................................16918 7....................................................16918 8....................................................16918 9....................................................16918 10...................................................16918 11...................................................16918 12...................................................16918 13...................................................16918 16...................................................16918 17...................................................16918 18...................................................16918 19...................................................16918 20...................................................16918 21...................................................16918 22...................................................16918 24...................................................16918 25...................................................16918 26...................................................16918 27...................................................16918 28...................................................16918 29...................................................16918 30...................................................16918 31...................................................16918 40...................................................16918 44...................................................16918 45...................................................16918 46...................................................16918 53...................................................16918 70...................................................16918 71...................................................16918 28 CFR 0....................................................19826 Proposed Rules: 540..................................................16520 29 CFR 11...................................................16664 500..................................................16664 501..................................................16664 516..................................................16664 519..................................................16664 531..................................................16664 536..................................................16664 547..................................................16664 548..................................................16664 549..................................................16664 550..................................................16664 552..................................................16664 570..................................................16664 1910.................................................16669 1913.................................................16669 1915.................................................16669 1926.................................................16669 2520.................................................20820 2550.................................................20820 2578.................................................20820 4022.................................................19429 4044.................................................19429 30 CFR 28...................................................16664 48...................................................16664 50...................................................16664 56...................................................16664 57...................................................16664 70...................................................16664 71...................................................16664 72...................................................16664 75...................................................16664 77...................................................16664 90...................................................16664 250...........................................16859, 19640 Proposed Rules: 205..................................................17774 942..................................................17682 943..................................................20602 950..................................................20604 31 CFR 500..................................................17345 32 CFR 64...................................................19827 578..................................................17276 706...........................................17346, 17347 2004.................................................18007 33 CFR 100...............16488, 17703, 18213, 19431, 19646, 20011 117.......16489, 16491, 16492, 17348, 17350, 18623, 19119, 20573 147..................................................19431 165........19119, 19121, 19431, 19648, 19650, 20011, 20013 Proposed Rules: 100.............................16525, 18055, 19670, 19672 117...............16527, 16529, 17394, 17397, 19150, 20376 165...............16531, 18256, 19152, 19460, 19462, 19465 36 CFR 251...........................................16614, 16622 Proposed Rules: Ch. I................................................16534 7....................................................17777 1193.................................................19839 1194.................................................19839 37 CFR Proposed Rules: 1....................................................17399 38 CFR 20...................................................18008 39 CFR Proposed Rules: 111..................................................19840 3001.................................................20930 40 CFR 18...................................................16699 51............................................17003, 17705 52................18216, 18219, 18624, 18626, 19124, 19432 63........17352, 17712, 17720, 17729, 17738, 19126, 19435, 19652, 20446, 20895 65...................................................20446 80...................................................16492 81...................................................17750 82...................................................18219 93...................................................17003 180........17009, 17014, 18628, 18635, 18642, 19436, 19441 194..................................................18010 260..................................................16862 261..................................................16862 264..................................................16862 265..................................................16862 266..................................................16862 268..................................................16862 270..................................................16862 271...........................................16862, 19442 272..................................................20341 [[Page iii]] 300..................................................20016 761..................................................16703 799..................................................18650 Proposed Rules: 18...................................................16728 50...................................................16534 51............................................16534, 17047 52.......................17050, 18258, 18689, 19155, 19467 60...................................................17401 63.....................................19155, 19674, 20931 80...................................................16535 82............................................18259, 18262 93...................................................17047 180....................................18689, 20045, 20048 260..................................................19842 261..................................................19842 262..................................................19842 263..................................................19842 264..................................................19842 265..................................................19842 271....................................19470, 19471, 19842 278..................................................16729 300..................................................20052 721..................................................18055 745..................................................17409 41 CFR 102-39...............................................20900 42 CFR 410..................................................17021 412..................................................18654 413..................................................18654 420..................................................20754 424..................................................20754 489..................................................20754 498..................................................20754 Proposed Rules: 405..................................................17052 412..................................................17052 422..................................................17052 489..................................................17052 43 CFR 5....................................................19127 10...................................................16500 423..................................................19790 429..................................................19790 44 CFR 64.....................................16704, 16708, 19658 Proposed Rules: 67...................................................16749 46 CFR 401..................................................16501 47 CFR 63...................................................18667 64...................................................18667 73.....................................17030, 17031, 17032 Proposed Rules: 1....................................................17410 73..............................18693, 18694, 20059, 20060 90...................................................17786 48 CFR Ch. 1.........................................20294, 20309 2......................................20295, 20298, 20299 5.............................................20295, 20299 7.............................................20295, 20299 12...................................................20301 14...................................................20299 19.....................................20303, 20304, 20309 22...................................................20301 25............................................20305, 20306 37...................................................20299 52.........20299, 20301, 20303, 20304, 20305, 20306, 20308 212..................................................18667 222..................................................18669 225..................................................18671 229..................................................18671 232..................................................18671 252..................................................18671 950..................................................19829 Proposed Rules: 225...........................................18694, 18695 252...........................................18695, 20061 49 CFR 234..................................................19129 523...........................................17566, 19449 533...........................................17566, 19449 537...........................................17566, 19449 541..................................................20022 571....................................17752, 18673, 20026 Proposed Rules: 544..................................................16541 571..................................................20932 594..................................................20061 604..................................................18056 50 CFR 17.....................................19244, 19452, 19954 223...........................................17757, 19241 229...........................................17358, 17360 648...........................................19348, 20900 660...........................................17985, 18227 665..................................................17985 679........17362, 18021, 18230, 18684, 19129, 19829, 20346 Proposed Rules: 10...................................................20168 13...................................................20168 17........18456, 19157, 19158, 20168, 20607, 20625, 20636, 20637 20...................................................18562 23...................................................20168 91...................................................18697 216..................................................17790 222..................................................19675 223...........................................19675, 20941 229..................................................20941 622..................................................17062 680...........................................20378, 20966 [[Page iv]] REMINDERS The items in this list were editorially compiled as an aid to Federal Register users. Inclusion or exclusion from this list has no legal significance. RULES GOING INTO EFFECT APRIL 24, 2006 COMMERCE DEPARTMENT Industry and Security Bureau Export administration regulations: Commerce Contol List-- Calculating computer performance; new formula implementation; adjusted peak performance in weighted TeraFLOPS; Bulgaria; XP and MT controls; published 4-24-06 EDUCATION DEPARTMENT Civil rights: Boy Scouts of America Equal Access Act; implementation; published 3- 24-06 ENVIRONMENTAL PROTECTION AGENCY Air programs: Fuels and fuel additives-- California; reformulated gasoline oxygen content requirement removed; Non-oxygenated reformulated gasoline commingling prohibition revised; published 2-22-06 Reformulated gasoline oxygen content requirement removed; Non- oxygenated reformulated gasoline commingling prohibition revised; published 2-22-06 Air quality implementation plans; approval and promulgation; various States: Maine; published 3-24-06 Texas; published 2-22-06 HOMELAND SECURITY DEPARTMENT Coast Guard Drawbridge operations: Florida; published 3-24-06 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION National security classified information; declassification; published 3- 24-06 TRANSPORTATION DEPARTMENT National Highway Traffic Safety Administration Motor vehicle safety standards: Bus emergency exits and window retention and release; published 8-12- 05 Rear impact guards and rear impact protection; exclusions; published 2-23-06 COMMENTS DUE NEXT WEEK AGRICULTURE DEPARTMENT Agricultural Marketing Service Cotton classing, testing, and standards: Classification services to growers; 2006 user fees; comments due by 5-5-06; published 4-20-06 [FR E6-05940] National Dairy Promotion and Research Program: Regulatory Flexibility Act; Section 610 review; comments due by 5-1- 06; published 2-28-06 [FR 06-01854] AGRICULTURE DEPARTMENT Commodity Credit Corporation Export programs: Commodities procurement for foreign donation; Open for comments until further notice; published 12-16-05 [FR E5-07460] AGRICULTURE DEPARTMENT Food and Nutrition Service Child nutrition programs: School Breakfast Program-- Severe need assistance; comments due by 5-1-06; published 11-2-05 [FR 05-21785] AGRICULTURE DEPARTMENT Rural Housing Service Direct single family housing loans and grants; comments due by 5-5-06; published 3-6-06 [FR 06-02072] COMMERCE DEPARTMENT Economic Analysis Bureau International services surveys: BE-577; direct investment abroad; transactions of U.S. reporter with foreign affiliate; quarterly survey; comments due by 5-1-06; published 3-1-06 [FR 06-01877] COMMERCE DEPARTMENT National Oceanic and Atmospheric Administration Endangered and threatened species: Sea turtle conservation-- Fishing activities modification; comments due by 5-2-06; published 4-17-06 [FR E6-05686] Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone-- Bering Sea and Aleutian Islands king and tanner crabs; comments due by 5-5-06; published 3-21-06 [FR 06-02705] Caribbean, Gulf, and South Atlantic fisheries-- Gulf red grouper; comments due by 5-1-06; published 3-31-06 [FR E6-04748] Northeastern United States fisheries-- Northeast multispecies; comments due by 5-1-06; published 3-30-06 [FR E6-04665] COMMERCE DEPARTMENT Patent and Trademark Office Patent cases: Continuing applications, continued examination practice requests, and applications containing patentably indistinct claims; comments due by 5-3-06; published 1-3-06 [FR 05-24528] Patent applications; claims examination; comments due by 5-3-06; published 1-3-06 [FR 05-24529] Practice and procedure: Trademark Trial and Appeal Board rules; miscellaneous changes; comments due by 5-4-06; published 3-27-06 [FR 06-02875] ENVIRONMENTAL PROTECTION AGENCY Air pollution control; new motor vehicles and engines: Tier 2 motor vehicles; light-duty diesel emissions; comments due by 5-1-06; published 3-30-06 [FR 06-02979] Air programs: Ambient air quality standards, national-- General conformity; PM2.5 de minimis emission levels; comments due by 5-5-06; published 4-5-06 [FR 06-03310] General conformity; PM2.5 de minimis emission levels; comments due by 5-5-06; published 4-5-06 [FR 06-03311] Fuel and fuel additives--- Gasoline and diesel fuel test methods; comments due by 5-3-06; published 4-3-06 [FR 06-03133] Fuels and fuel additives-- Gasoline and diesel fuel test methods; comments due by 5-3-06; published 4-3-06 [FR 06-03132] Air quality implementation plans: Preparation, adoption, submittal-- Air emissions reporting requirements; comments due by 5-3-06; published 1-3-06 [FR 05-24614] Air quality implementation plans; approval and promulgation; various States: Iowa; comments due by 5-1-06; published 3-30-06 [FR 06-03032] Maryland; comments due by 5-1-06; published 3-31-06 [FR 06-03107] Virginia; comments due by 5-5-06; published 4-5-06 [FR E6-04940] Research and development: Environmental protection research fellowships and special research consultants for environmental protection; establishment; comments due by 5-4-06; published 4-4-06 [FR 06-03204] Solid waste: Granular mine tailings in asphalt concrete and Portland cement concrete in transportation construction projects; management criteria; comments due by 5-4-06; published 4-4-06 [FR 06-03104] HEALTH AND HUMAN SERVICES DEPARTMENT Food and Drug Administration Color additives: Cochineal extract and carmine; declaration requirements; comments due by 5-1-06; published 1-30-06 [FR E6-01104] Human drugs: Prescription drug marketing; blood derivatives distribution by registered blood establishments qualifying as health care entities; comments due by 5-2-06; published 2-1-06 [FR E6-01225] [[Page v]] HOMELAND SECURITY DEPARTMENT Coast Guard Regattas and marine parades: 2006 Rappahannock River Boaters Association Spring and Fall Radar Shootout; comments due by 5-3-06; published 4-3-06 [FR E6-04788] Correction; comments due by 5-3-06; published 4-10-06 [FR E6- 05208] INTERIOR DEPARTMENT Fish and Wildlife Service Endangered and threatened species: Critical habitat designations-- Canada lynx; contiguous United States distinct population segment; comments due by 4-30-06; published 2-16-06 [FR 06-01443] INTERIOR DEPARTMENT National Park Service National Park System: Glacier Bay National Park, AK; vessel management; comments due by 5- 2-06; published 3-3-06 [FR 06-02000] PERSONNEL MANAGEMENT OFFICE Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002; Title II implementation: Reporting and best practices; comments due by 5-1-06; published 1-25- 06 [FR E6-00933] Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002; implementation: Title II reporting and best practices requirements; comments due by 5-1-06; published 3-31-06 [FR 06-03166] POSTAL RATE COMMISSION Practice and procedure: Express Mail Second Day Service; classification change; comments due by 5-3-06; published 4-24-06 [FR E6-06104] SOCIAL SECURITY ADMINISTRATION Medicare subsidies: Medicare Part B income-related monthly adjustment amount; comments due by 5-2-06; published 3-3-06 [FR 06-02075] Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled-- Optometrists acceptability as medical sources for establishing medically determinable impairments; comments due by 5-1-06; published 3-1-06 [FR E6-02852] TRANSPORTATION DEPARTMENT Federal Aviation Administration Airworthiness directives: Airbus; comments due by 5-4-06; published 4-4-06 [FR E6-04825] BAE Systems (Operations) Ltd.; comments due by 5-1-06; published 4-5- 06 [FR E6-04927] Boeing; comments due by 5-1-06; published 4-4-06 [FR E6-04827] Eurocopter France; comments due by 5-1-06; published 2-28-06 [FR E6- 02759] Mitsubishi Heavy Industries; comments due by 5-2-06; published 3-22- 06 [FR E6-04123] Rolls-Royce plc; comments due by 5-1-06; published 3-1-06 [FR 06- 01827] Sicma Areo Seat; comments due by 5-1-06; published 3-1-06 [FR E6- 02849] Airworthiness standards: Aircraft electrical and electronic systems; high-intensity radiated fields protection; comments due by 5-2-06; published 2-1-06 [FR 06-00895] Aircraft engine standards for engine life-limited parts; comments due by 5-3-06; published 2-2-06 [FR 06-00950] VOR Federal airways; comments due by 5-1-06; published 3-17-06 [FR E6- 03852] __________________________________________________________ LIST OF PUBLIC LAWS __________________________________________________________ This is a continuing list of public bills from the current session of Congress which have become Federal laws. It may be used in conjunction with ``P L U S'' (Public Laws Update Service) on 202-741-6043. This list is also available online at http://www.archives.gov/federal- register/laws.html. The text of laws is not published in the Federal Register but may be ordered in ``slip law'' (individual pamphlet) form from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 (phone, 202-512- 1808). The text will also be made available on the Internet from GPO Access at http://www.gpoaccess.gov/ plaws/index.html. Some laws may not yet be available. H.R. 4979/P.L. 109-218 Local Community Recovery Act of 2006 (Apr. 20, 2006; 120 Stat. 333) Last List April 17, 2006 __________________________________________________________ Public Laws Electronic Notification Service (PENS) __________________________________________________________ PENS is a free electronic mail notification service of newly enacted public laws. To subscribe, go to http:// listserv.gsa.gov/archives/publaws-l.html Note: This service is strictly for E-mail notification of new laws. The text of laws is not available through this service. PENS cannot respond to specific inquiries sent to this address. CFR CHECKLIST [In percent] Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Reader Aids [[Page vi]] CFR CHECKLIST _______________________________________________________________________ This checklist, prepared by the Office of the Federal Register, is published weekly. It is arranged in the order of CFR titles, stock numbers, prices, and revision dates. An asterisk (*) precedes each entry that has been issued since last week and which is now available for sale at the Government Printing Office. A checklist of current CFR volumes comprising a complete CFR set, also appears in the latest issue of the LSA (List of CFR Sections Affected), which is revised monthly. The CFR is available free on-line through the Government Printing Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. The annual rate for subscription to all revised paper volumes is $1195.00 domestic, $298.75 additional for foreign mailing. Mail orders to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. All orders must be accompanied by remittance (check, money order, GPO Deposit Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 512-1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders to (202) 512-2250. Title Stock Number Price Revision Date 1....................(869-060-00001-4)...... 5.00 \4\Jan. 1, 2006 2....................(869-060-00002-0)...... 5.00 Jan. 1, 2006 3 (2003 Compilation (869-056-00003-1)...... 35.00 \1\ Jan. 1, 2005 and Parts 100 and 101). 4....................(869-060-00004-6)...... 10.00 Jan. 1, 2006 5 Parts: 1-699............... (869-060-00005-4)...... 60.00 Jan. 1, 2006 700-1199............ (869-060-00006-2)...... 50.00 Jan. 1, 2006 1200-End............ (869-060-00007-1)...... 61.00 Jan. 1, 2006 6....................(869-060-00008-9)...... 10.50 Jan. 1, 2006 7 Parts: 1-26................ (869-060-00009-7)...... 44.00 Jan. 1, 2006 27-52............... (869-060-00010-1)...... 49.00 Jan. 1, 2006 53-209.............. (869-060-00011-9)...... 37.00 Jan. 1, 2006 210-299............. (869-060-00012-7)...... 62.00 Jan. 1, 2006 300-399............. (869-060-00013-5)...... 46.00 Jan. 1, 2006 400-699............. (869-060-00014-3)...... 42.00 Jan. 1, 2006 700-899............. (869-060-00015-1)...... 43.00 Jan. 1, 2006 900-999............. (869-060-00016-0)...... 60.00 Jan. 1, 2006 1000-1199........... (869-060-00017-8)...... 22.00 Jan. 1, 2006 1200-1599........... (869-060-00018-6)...... 61.00 Jan. 1, 2006 1600-1899........... (869-060-00019-4)...... 64.00 Jan. 1, 2006 1900-1939........... (869-060-00020-8)...... 31.00 Jan. 1, 2006 1940-1949........... (869-060-00021-6)...... 50.00 Jan. 1, 2006 1950-1999........... (869-060-00022-4)...... 46.00 Jan. 1, 2006 2000-End............ (869-060-00023-2)...... 50.00 Jan. 1, 2006 8....................(869-060-00024-1)...... 63.00 Jan. 1, 2006 9 Parts: 1-199............... (869-060-00025-9)...... 61.00 Jan. 1, 2006 200-End............. (869-060-00026-7)...... 58.00 Jan. 1, 2006 10 Parts: 1-50................ (869-060-00027-5)...... 61.00 Jan. 1, 2006 51-199.............. (869-060-00028-3)...... 58.00 Jan. 1, 2006 200-499............. (869-060-00029-1)...... 46.00 Jan. 1, 2006 500-End............. (869-060-00030-5)...... 62.00 Jan. 1, 2006 11...................(869-060-00031-3)...... 41.00 Jan. 1, 2006 12 Parts: 1-199............... (869-060-00032-1)...... 34.00 Jan. 1, 2006 200-219............. (869-060-00033-0)...... 37.00 Jan. 1, 2006 220-299............. (869-060-00034-8)...... 61.00 Jan. 1, 2006 300-499............. (869-060-00035-6)...... 47.00 Jan. 1, 2006 500-599............. (869-060-00036-4)...... 39.00 Jan. 1, 2006 600-899............. (869-056-00037-5)...... 56.00 Jan. 1, 2005 900-End............. (869-060-00038-1)...... 50.00 Jan. 1, 2006 13...................(869-060-00039-9)...... 55.00 Jan. 1, 2006 14 Parts: 1-59................ (869-060-00040-2)...... 63.00 Jan. 1, 2006 60-139.............. (869-060-00041-1)...... 61.00 Jan. 1, 2006 140-199............. (869-060-00042-9)...... 30.00 Jan. 1, 2006 200-1199............ (869-060-00043-7)...... 50.00 Jan. 1, 2006 1200-End............ (869-060-00044-5)...... 45.00 Jan. 1, 2006 15 Parts: 0-299............... (869-060-00045-3)...... 40.00 Jan. 1, 2006 300-799............. (869-060-00046-1)...... 60.00 Jan. 1, 2006 800-End............. (869-060-00047-0)...... 42.00 Jan. 1, 2006 16 Parts: 0-999............... (869-060-00048-8)...... 50.00 Jan. 1, 2006 1000-End............ (869-060-00049-6)...... 60.00 Jan. 1, 2006 17 Parts: 1-199............... (869-056-00051-1)...... 50.00 Apr. 1, 2005 200-239............. (869-056-00052-9)...... 58.00 Apr. 1, 2005 240-End............. (869-056-00053-7)...... 62.00 Apr. 1, 2005 18 Parts: 1-399............... (869-056-00054-5)...... 62.00 Apr. 1, 2005 400-End............. (869-056-00055-3)...... 26.00 \6\Apr. 1, 2005 19 Parts: 1-140............... (869-056-00056-1)...... 61.00 Apr. 1, 2005 141-199............. (869-056-00057-0)...... 58.00 Apr. 1, 2005 200-End............. (869-056-00058-8)...... 31.00 Apr. 1, 2005 20 Parts: 1-399............... (869-056-00059-6)...... 50.00 Apr. 1, 2005 400-499............. (869-056-00060-0)...... 64.00 Apr. 1, 2005 500-End............. (869-056-00061-8)...... 63.00 Apr. 1, 2005 21 Parts: 1-99................ (869-056-00062-6)...... 42.00 Apr. 1, 2005 100-169............. (869-056-00063-4)...... 49.00 Apr. 1, 2005 170-199............. (869-056-00064-2)...... 50.00 Apr. 1, 2005 200-299............. (869-056-00065-1)...... 17.00 Apr. 1, 2005 300-499............. (869-056-00066-9)...... 31.00 Apr. 1, 2005 500-599............. (869-056-00067-7)...... 47.00 Apr. 1, 2005 600-799............. (869-056-00068-5)...... 15.00 Apr. 1, 2005 800-1299............ (869-056-00069-3)...... 58.00 Apr. 1, 2005 1300-End............ (869-056-00070-7)...... 24.00 Apr. 1, 2005 22 Parts: 1-299............... (869-056-00071-5)...... 63.00 Apr. 1, 2005 300-End............. (869-056-00072-3)...... 45.00 Apr. 1, 2005 23...................(869-056-00073-1)...... 45.00 Apr. 1, 2005 24 Parts: 0-199............... (869-056-00074-0)...... 60.00 Apr. 1, 2005 200-499............. (869-056-00074-0)...... 50.00 Apr. 1, 2005 500-699............. (869-056-00076-6)...... 30.00 Apr. 1, 2005 700-1699............ (869-056-00077-4)...... 61.00 Apr. 1, 2005 1700-End............ (869-056-00078-2)...... 30.00 Apr. 1, 2005 25...................(869-056-00079-1)...... 63.00 Apr. 1, 2005 26 Parts: Secs. 1.0-1-1.60.... (869-056-00080-4)...... 49.00 Apr. 1, 2005 Secs. 1.61-1.169.... (869-056-00081-2)...... 63.00 Apr. 1, 2005 Secs. 1.170-1.300... (869-056-00082-1)...... 60.00 Apr. 1, 2005 Secs. 1.301-1.400... (869-056-00083-9)...... 46.00 Apr. 1, 2005 Secs. 1.401-1.440... (869-056-00084-7)...... 62.00 Apr. 1, 2005 Secs. 1.441-1.500... (869-056-00085-5)...... 57.00 Apr. 1, 2005 Secs. 1.501-1.640... (869-056-00086-3)...... 49.00 Apr. 1, 2005 Secs. 1.641-1.850... (869-056-00087-1)...... 60.00 Apr. 1, 2005 Secs. 1.851-1.907... (869-056-00088-0)...... 61.00 Apr. 1, 2005 Secs. 1.908-1.1000.. (869-056-00089-8)...... 60.00 Apr. 1, 2005 Secs. 1.1001-1.1400. (869-056-00090-1)...... 61.00 Apr. 1, 2005 Secs. 1.1401-1.1550. (869-056-00091-0)...... 55.00 Apr. 1, 2005 Secs. 1.1551-End.... (869-056-00092-8)...... 55.00 Apr. 1, 2005 2-29................ (869-056-00093-6)...... 60.00 Apr. 1, 2005 30-39............... (869-056-00094-4)...... 41.00 Apr. 1, 2005 40-49............... (869-056-00095-2)...... 28.00 Apr. 1, 2005 50-299.............. (869-056-00096-1)...... 41.00 Apr. 1, 2005 [[Page vii]] 300-499............. (869-056-00097-9)...... 61.00 Apr. 1, 2005 500-599............. (869-056-00098-7)...... 12.00 \5\Apr. 1, 2005 600-End............. (869-056-00099-5)...... 17.00 Apr. 1, 2005 27 Parts: 1-199............... (869-056-00100-2)...... 64.00 Apr. 1, 2005 200-End............. (869-056-00101-1)...... 21.00 Apr. 1, 2005 28 Parts:............ 0-42................ (869-056-00102-9)...... 61.00 July 1, 2005 43-End.............. (869-056-00103-7)...... 60.00 July 1, 2005 29 Parts: 0-99................ (869-056-00104-5)...... 50.00 July 1, 2005 100-499............. (869-056-00105-3)...... 23.00 July 1, 2005 500-899............. (869-056-00106-1)...... 61.00 July 1, 2005 900-1899............ (869-056-00107-0)...... 36.00 \7\July 1, 2005 1900-1910 (869-056-00108-8)...... 61.00 July 1, 2005 (Secs. 1900 to 1910.999). 1910 (869-056-00109-6)...... 58.00 July 1, 2005 (Secs. 1910.1000 to end). 1911-1925........... (869-056-00110-0)...... 30.00 July 1, 2005 1926................ (869-056-00111-8)...... 50.00 July 1, 2005 1927-End............ (869-056-00112-6)...... 62.00 July 1, 2005 30 Parts: 1-199............... (869-056-00113-4)...... 57.00 July 1, 2005 200-699............. (869-056-00114-2)...... 50.00 July 1, 2005 700-End............. (869-056-00115-1)...... 58.00 July 1, 2005 31 Parts: 0-199............... (869-056-00116-9)...... 41.00 July 1, 2005 200-499............. (869-056-00117-7)...... 33.00 July 1, 2005 500-End............. (869-056-00118-5)...... 33.00 July 1, 2005 32 Parts: 1-39, Vol. I..................................15.00....\2\ July 1, 1984 1-39, Vol. II.................................19.00....\2\ July 1, 1984 1-39, Vol. III................................18.00....\2\ July 1, 1984 1-190............... (869-056-00119-3)...... 61.00 July 1, 2005 191-399............. (869-056-00120-7)...... 63.00 July 1, 2005 400-629............. (869-056-00121-5)...... 50.00 July 1, 2005 630-699............. (869-056-00122-3)...... 37.00 July 1, 2005 700-799............. (869-056-00123-1)...... 46.00 July 1, 2005 800-End............. (869-056-00124-0)...... 47.00 July 1, 2005 33 Parts: 1-124............... (869-056-00125-8)...... 57.00 July 1, 2005 125-199............. (869-056-00126-6)...... 61.00 July 1, 2005 200-End............. (869-056-00127-4)...... 57.00 July 1, 2005 34 Parts: 1-299............... (869-056-00128-2)...... 50.00 July 1, 2005 300-399............. (869-056-00129-1)...... 40.00 \7\July 1, 2005 400-End & 35........ (869-056-00130-4)...... 61.00 July 1, 2005 36 Parts: 1-199............... (869-056-00131-2)...... 37.00 July 1, 2005 200-299............. (869-056-00132-1)...... 37.00 July 1, 2005 300-End............. (869-056-00133-9)...... 61.00 July 1, 2005 37...................(869-056-00134-7)...... 58.00 July 1, 2005 38 Parts: 0-17................ (869-056-00135-5)...... 60.00 July 1, 2005 18-End.............. (869-056-00136-3)...... 62.00 July 1, 2005 39...................(869-056-00139-1)...... 42.00 July 1, 2005 40 Parts: 1-49................ (869-056-00138-0)...... 60.00 July 1, 2005 50-51............... (869-056-00139-8)...... 45.00 July 1, 2005 52 (52.01-52.1018).. (869-056-00140-1)...... 60.00 July 1, 2005 52 (52.1019-End).... (869-056-00141-0)...... 61.00 July 1, 2005 53-59............... (869-056-00142-8)...... 31.00 July 1, 2005 60 (60.1-End)....... (869-056-00143-6)...... 58.00 July 1, 2005 60 (Apps)........... (869-056-00144-4)...... 57.00 July 1, 2005 61-62............... (869-056-00145-2)...... 45.00 July 1, 2005 63 (63.1-63.599).... (869-056-00146-1)...... 58.00 July 1, 2005 63 (63.600-63.1199). (869-056-00147-9)...... 50.00 July 1, 2005 63 (63.1200-63.1439) (869-056-00148-7)...... 50.00 July 1, 2005 63 (63.1440-63.6175) (869-056-00149-5)...... 32.00 July 1, 2005 63 (63.6580-63.8830) (869-056-00150-9)...... 32.00 July 1, 2005 63 (63.8980-End).... (869-056-00151-7)...... 35.00 \7\July 1, 2005 64-71............... (869-056-00152-5)...... 29.00 July 1, 2005 72-80............... (869-056-00153-5)...... 62.00 July 1, 2005 81-85............... (869-056-00154-1)...... 60.00 July 1, 2005 86 (86.1-86.599-99). (869-056-00155-0)...... 58.00 July 1, 2005 86 (86.600-1-End)... (869-056-00156-8)...... 50.00 July 1, 2005 87-99............... (869-056-00157-6)...... 60.00 July 1, 2005 100-135............. (869-056-00158-4)...... 45.00 July 1, 2005 136-149............. (869-056-00159-2)...... 61.00 July 1, 2005 150-189............. (869-056-00160-6)...... 50.00 July 1, 2005 190-259............. (869-056-00161-4)...... 39.00 July 1, 2005 260-265............. (869-056-00162-2)...... 50.00 July 1, 2005 266-299............. (869-056-00163-1)...... 50.00 July 1, 2005 300-399............. (869-056-00164-9)...... 42.00 July 1, 2005 400-424............. (869-056-00165-7)...... 56.00 \8\July 1, 2005 425-699............. (869-056-00166-5)...... 61.00 July 1, 2005 700-789............. (869-056-00167-3)...... 61.00 July 1, 2005 790-End............. (869-056-00168-1)...... 61.00 July 1, 2005 41 Chapters: 1, 1-1 to 1-10................................13.00....\3\ July 1, 1984 1, 1-11 to Appendix, 2 (2 Reserved)...........13.00....\3\ July 1, 1984 3-6...........................................14.00....\3\ July 1, 1984 7..............................................6.00....\3\ July 1, 1984 8..............................................4.50....\3\ July 1, 1984 9.............................................13.00....\3\ July 1, 1984 10-17..........................................9.50....\3\ July 1, 1984 18, Vol. I, Parts 1-5.........................13.00....\3\ July 1, 1984 18, Vol. II, Parts 6-19.......................13.00....\3\ July 1, 1984 18, Vol. III, Parts 20-52.....................13.00....\3\ July 1, 1984 19-100........................................13.00....\3\ July 1, 1984 1-100............... (869-056-00169-0)...... 24.00 July 1, 2005 101................. (869-056-00170-3)...... 21.00 July 1, 2005 102-200............. (869-056-00171-1)...... 56.00 July 1, 2005 201-End............. (869-056-00172-0)...... 24.00 July 1, 2005 42 Parts: 1-399............... (869-056-00173-8)...... 61.00 Oct. 1, 2005 400-429............. (869-056-00174-6)...... 63.00 Oct. 1, 2005 430-End............. (869-056-00175-4)...... 64.00 Oct. 1, 2005 43 Parts: 1-999............... (869-056-00176-2)...... 56.00 Oct. 1, 2005 1000-end............ (869-056-00177-1)...... 62.00 Oct. 1, 2005 44...................(869-056-00178-9)...... 50.00 Oct. 1, 2005 45 Parts: 1-199............... (869-056-00179-7)...... 60.00 Oct. 1, 2005 200-499............. (869-056-00180-1)...... 34.00 Oct. 1, 2005 500-1199............ (869-056-00171-9)...... 56.00 Oct. 1, 2005 1200-End............ (869-056-00182-7)...... 61.00 Oct. 1, 2005 46 Parts: 1-40................ (869-056-00183-5)...... 46.00 Oct. 1, 2005 41-69............... (869-056-00184-3)...... 39.00 \9\Oct. 1, 2005 70-89............... (869-056-00185-1)...... 14.00 \9\Oct. 1, 2005 90-139.............. (869-056-00186-0)...... 44.00 Oct. 1, 2005 140-155............. (869-056-00187-8)...... 25.00 Oct. 1, 2005 156-165............. (869-056-00188-6)...... 34.00 \9\Oct. 1, 2005 166-199............. (869-056-00189-4)...... 46.00 Oct. 1, 2005 200-499............. (869-056-00190-8)...... 40.00 Oct. 1, 2005 500-End............. (869-056-00191-6)...... 25.00 Oct. 1, 2005 47 Parts: 0-19................ (869-056-00192-4)...... 61.00 Oct. 1, 2005 20-39............... (869-056-00193-2)...... 46.00 Oct. 1, 2005 40-69............... (869-056-00194-1)...... 40.00 Oct. 1, 2005 70-79............... (869-056-00195-9)...... 61.00 Oct. 1, 2005 80-End.............. (869-056-00196-7)...... 61.00 Oct. 1, 2005 48 Chapters: 1 (Parts 1-51)...... (869-056-00197-5)...... 63.00 Oct. 1, 2005 1 (Parts 52-99)..... (869-056-00198-3)...... 49.00 Oct. 1, 2005 2 (Parts 201-299)... (869-056-00199-1)...... 50.00 Oct. 1, 2005 3-6................. (869-056-00200-9)...... 34.00 Oct. 1, 2005 7-14................ (869-056-00201-7)...... 56.00 Oct. 1, 2005 15-28............... (869-056-00202-5)...... 47.00 Oct. 1, 2005 [[Page viii]] 29-End.............. (869-056-00203-3)...... 47.00 Oct. 1, 2005 49 Parts: 1-99................ (869-056-00204-1)...... 60.00 Oct. 1, 2005 100-185............. (869-056-00205-0)...... 63.00 Oct. 1, 2005 186-199............. (869-056-00206-8)...... 23.00 Oct. 1, 2005 200-299............. (869-056-00207-6)...... 32.00 Oct. 1, 2005 300-399............. (869-056-00208-4)...... 32.00 Oct. 1, 2005 400-599............. (869-056-00209-2)...... 64.00 Oct. 1, 2005 600-999............. (869-056-00210-6)...... 19.00 Oct. 1, 2005 1000-1199........... (869-056-00211-4)...... 28.00 Oct. 1, 2005 1200-End............ (869-056-00212-2)...... 34.00 Oct. 1, 2005 50 Parts: 1-16................ (869-056-00213-1)...... 11.00 Oct. 1, 2005 17.1-17.95(b)....... (869-056-00214-9)...... 32.00 Oct. 1, 2005 17.95(c)-end........ (869-056-00215-7)...... 32.00 Oct. 1, 2005 17.96-17.99(h)...... (869-056-00215-7)...... 61.00 Oct. 1, 2005 17.99(i)-end and (869-056-00217-3)...... 47.00 Oct. 1, 2005 17.100-end. 18-199.............. (869-056-00218-1)...... 50.00 Oct. 1, 2005 200-599............. (869-056-00218-1)...... 45.00 Oct. 1, 2005 600-End............. (869-056-00219-0)...... 62.00 Oct. 1, 2005 CFR Index and (869-060-00050-0)...... 62.00 Jan. 1, 2006 Findings Aids. Complete 2006 CFR set........................1,398.0........ 2006 0 Microfiche CFR Edition: Subscription (mailed as issued)............332.00......... 2006 Individual copies............................4.00......... 2006 Complete set (one-time mailing)............325.00......... 2005 Complete set (one-time mailing)............325.00......... 2004 \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, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. \5\No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2005. The CFR volume issued as of April 1, 2000 should be retained. \6\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. \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 October 1, 2004, through October 1, 2005. The CFR volume issued as of October 1, 2004 should be retained.

usgpo

2024-10-08T14:08:35.753356

FR

FR-2006-05-01/FR-2006-05-01-FrontMatter

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Contents] [Pages I-VII] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] ___________________________________________________________ FEDERAL REGISTER Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents Monday May 1, 2006 Pages 25483-25738 [[Page i]] 9 [[Page ii]] The FEDERAL REGISTER (ISSN 0097-6326) is published daily, Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. 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It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202-512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday- Friday, except official holidays. 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SUBSCRIPTIONS AND COPIES ---------------------------------------------------------------- PUBLIC Subscriptions: Paper or fiche 202-512-1800 Assistance with public subscriptions 202-512-1806 General online information 202-512-1530; 1- 888-293-6498 Single copies/back copies: Paper or fiche 202-512-1800 Assistance with public single copies 1-866-512-1800 (Toll-Free) FEDERAL AGENCIES Subscriptions: Paper or fiche 202-741-6005 Assistance with Federal agency subscriptions 202-741-6005 ------------------------------------------------------------------------ ------------------------------------------------------------------------ FEDERAL REGISTER WORKSHOP THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT FOR: Any person who uses the Federal Register and Code of Federal Regulations. WHO: Sponsored by the Office of the Federal Register. WHAT: Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register system and the public's role in the development of regulations. 2. The relationship between the Federal Register and Code of Federal Regulations. 3. The important elements of typical Federal Register documents. 4. An introduction to the finding aids of the FR/CFR system. WHY: To provide the public with access to information necessary to research Federal agency regulations which directly affect them. There will be no discussion of specific agency regulations. __________________ WHEN: Tuesday, May 9, 2006 9:00 a.m.-Noon WHERE: Office of the Federal Register Conference Room, Suite 700 800 North Capitol Street, NW. Washington, DC 20002 RESERVATIONS: (202) 741-6008 ------------------------------------------------------------------------ CONTENTS Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents [[Page iii]] Agricultural Marketing Service RULES Milk marketing orders: Northeast et al., 25495-25502 NOTICES Persian (Tahiti) limes; grade standards, 25561-25562 Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 25560-25561 Air Force Department NOTICES Global Positioning System: Navstar GPS Space Segment / Navigation User L1C Interfaces; implementation; comment request, 25571-25572 Animal and Plant Health Inspection Service RULES Plant-related quarantine, foreign: Citrus from Peru, 25487-25495 Army Department See Engineers Corps Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 25590-25591 Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: Durable medical equipment, prosthetics, orthotics, and supplies and other issues; competitive acquisition, 25654-25704 NOTICES State Children's Health Insurance Program: Allotments and grants to States-- Unexpended FY 2003 appropriation fund distribution; additional FY 2006 funding allotments; provisions for States to use funds for medicaid expenditures, 25651-25652 Coast Guard PROPOSED RULES Regattas and marine parades: Pamlico River, Washington, NC, 25523-25525 Thunder over the Boardwalk Airshow, Atlantic City, NJ, 25526-25528 NOTICES Organization, functions, and authority delegations: Sector Upper Mississippi River; implementation, 25598-25599 Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commission of Fine Arts NOTICES Meetings, 25570 Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 25570-25571 Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 25599 Meetings: Commercial Operations of Customs and Border Protection and Related Functions Departmental Advisory Committee, 25599-25600 Defense Department See Air Force Department See Engineers Corps RULES Federal Acquisition Regulation (FAR): Fast payment procedures Correction, 25507-25508 Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25574-25577 Grants and cooperative agreements; availability, etc.: Elementary and secondary education-- Enhanced Assessment Instruments, 25577-25580 Teacher Incentive Fund, 25580-25584 Energy Department See Energy Information Administration NOTICES Meetings: Environmental Management Site-Specific Advisory Board-- Paducah Gaseous Diffusion Plant, KY, 25584 Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25584-25587 Engineers Corps RULES Navigation regulations: Bonneville Lock and Dam, OR and WA; lockage operations and restricted areas changes, 25502-25504 NOTICES Environmental statements; availability, etc.: Libby and Hungry Horse Dams, MT; Upper Columbia alternative flood control and fish operations, 25572-25573 [[Page iv]] Environmental statements; notice of intent: Little Rock, AR; Pine Mountain Dam & Lake Project, 25573-25574 Environmental Protection Agency RULES Air programs: Fuel and fuel additives-- Highway diesel and nonroad diesel regulations; technical amendments, 25706-25726 Great Lakes Legacy Act of 2002; implementation, 25504-25507 PROPOSED RULES Air pollutants, hazardous; national emission standards: Site remediation, 25531-25544 Air programs: Fuel and fuel additives-- Highway diesel and nonroad diesel regulations; technical amendments, 25727-25731 NOTICES Air programs: Ambient air monitoring reference and equivalent methods-- Nitrogen dioxide, carbon monoxide, sulfur dioxide, and ozone concentrations; new reference and equivalent methods, 25587-25589 Meetings: Environmental Policy and Technology National Advisory Council, 25589 Senior Executive Service Performance Review Board; membership, 25589 Executive Office of the President See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States Export-Import Bank NOTICES Meetings; Sunshine Act, 25590 Federal Aviation Administration PROPOSED RULES Airworthiness directives: McDonnell Douglas, 25510-25512 NOTICES Environmental statements; notice of intent: Port Columbus International Airport, OH, 25628-25629 Meetings: RTCA, Inc., 25629-25630 Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 25600-25601 Disaster and emergency areas: Arkansas, 25601-25602 Illinois, 25602 Kansas, 25602 Missouri, 25602-25603 Oklahoma, 25603-25604 Tennessee, 25604 Texas, 25604-25605 Federal Highway Administration PROPOSED RULES Size and weight enforcement and regulations, 25516-25523 NOTICES Highway planning and construction; licenses, permits, approvals, etc.: South Carolina; various highway projects, 25630-25631 Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 25590 Federal Open Market Committee: Domestic policy directives, 25590 Federal Trade Commission PROPOSED RULES Telemarketing sales rule: National Do Not Call Registry; access fees, 25512-25516 Fine Arts Commission See Commission of Fine Arts Fish and Wildlife Service PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Makhnati Island area; subsistence management jurisdiction, 25528- 25531 Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25591-25593 Meetings: Vaccines and Related Biological Products Advisory Committee, 25593- 25594 Reports and guidance documents; availability, etc.: Prominent and conspicuous mark of manufacturers on single-use devices, 25594-25595 Forest Service PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Makhnati Island area; subsistence management jurisdiction, 25528- 25531 NOTICES Meetings: Resource Advisory Committees-- Hood/Willamette, 25562 General Services Administration RULES Federal Acquisition Regulation (FAR): Fast payment procedures Correction, 25507-25508 Grain Inspection, Packers and Stockyards Administration NOTICES Central filing systems; State certifications: Minnesota, 25562-25563 Meetings: Grain Inspection Advisory Committee, 25563 Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration [[Page v]] Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 25646-25647 Committees; establishment, renewal, termination, etc.: Information Reporting Program Advisory Committee, 25647-25648 Health Insurance Portability and Accountability Act of 1996; implementation Expatriation; individuals losing United States citizenship; quarterly listing, 25648-25649 Meetings: Taxpayer Advocacy Panels, 25649-25650 International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 25565-25567 Five year (sunset) reviews-- Advance notification, 25567 Initiation of reviews, 25568 International Trade Commission NOTICES Import investigations: Ferrovanadium and nitrided vanadium from-- Russia, 25609-25611 Justice Department See Justice Programs Office Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 25611-25612 Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25612 Land Management Bureau NOTICES Alaska Native claims selection: Chugach Alaska Corp., 25605 Twin Hills Native Corp., 25605 Coal leases, exploration licenses, etc.: Colorado, 25605-25606 Montana, 25606 Management and Budget Office NOTICES Meetings: Acquisition Advisory Panel, 25613-25614 Maritime Administration NOTICES Coastwise trade laws; administrative waivers: BLUEBIRD, 25631-25632 BLUE ICE, 25631 JOHN W, 25632 LEA SCOTIA, 25632-25633 SINGAWING, 25633 National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Fast payment procedures Correction, 25507-25508 National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone-- Pacific cod, 25508-25509 PROPOSED RULES Fishery conservation and management: West Coast States and West Pacific fisheries-- Hawaii Archipelago; bottomfish overfishing; public hearings, 25558-25559 Marine mammals: Incidental taking-- Monterey Bay National Marine Sanctuary, CA; California sea lions and Pacific harbor seals incidental to coastal fireworks displays, 25544-25558 NOTICES Fishery conservation and management: Magnuson-Stevens Act provisions-- Georges Bank Cod Hook Sector; partial approval of operations plan and agreement, 25569-25570 Meetings: Gulf of Mexico Fishery Management Council, 25570 National Park Service PROPOSED RULES Special regulations: Golden Gate National Recreation Area Dog Management Negotiated Rulemaking Advisory Committee Meeting, 25528 NOTICES Environmental statements; record of decision: Glacier Bay National Park and Preserve, AK, 25606-25607 Native American human remains, funerary objects; inventory, repatriation, etc.: American Museum of Natural History, New York, NY, 25607-25608 Sheboygan County Historical Museum, WI, 25608-25609 Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: DGI Biotechnologies, LLC, 25613 Office of Management and Budget See Management and Budget Office Office of United States Trade Representative See Trade Representative, Office of United States Personnel Management Office NOTICES Personnel management demonstration project: Commerce Department alternative personnel management system, 25615- 25616 [[Page vi]] Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Safety advisories-- Untested compressed gas cylinders; manufacture, marking, and sale, 25633-25640 Meetings: Pipeline safety-- Public safety advisory committees, 25640-25644 Presidential Documents PROCLAMATIONS Special observances: National Charter Schools Week (Proc. 8007), 25733-25736 EXECUTIVE ORDERS Government agencies and employees: Volunteer community service; responsibilities of Federal departments and agencies (EO 13401), 25737-25738 Sudan; blocking property of persons in connection with the conflict in the Dafur region (EO 13400), 25483-25486 Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25644-25646 Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 25563-25565 Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 25620-25621 Self-regulatory organizations; proposed rule changes: National Stock Exchange, 25621-25623 Applications, hearings, determinations, etc.: Frank Russell Investment Co., et al., 25616-25620 Small Business Administration NOTICES Loan programs: Lender risk rating system, 25624-25628 Applications, hearings, determinations, etc.: Horizon Ventures Fund II, L.P., 25623-25624 Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25595-25598 Trade Representative, Office of United States NOTICES Generalized System of Preferences: Swailand worker rights protection and Kazakhstan intellectual property protection; case reviews closed, 25614-25615 Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration PROPOSED RULES Individuals with disabilities: Transportation accessibility standards; modifications, 25544 Treasury Department See Internal Revenue Service ----------------------------------------------------------------------- Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 25654-25704 Part III Environmental Protection Agency, 25706-25731 Part IV Executive Office of the President, Presidential Documents, 25733-25738 ----------------------------------------------------------------------- Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 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. Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Contents [[Page vii]] 3 CFR Proclamations: 8007.................................................25735 Executive Orders: 12820 (Revoked by EO 13401)..........................25737 13067 (See EO 13400).................................25483 13400................................................25483 13401................................................25737 7 CFR 305..................................................25487 319..................................................25487 1001.................................................25495 1005.................................................25495 1006.................................................25495 1007.................................................25495 1030.................................................25495 1032.................................................25495 1033.................................................25495 1124.................................................25495 1126.................................................25475 1131.................................................25495 14 CFR Proposed Rules: 39...................................................25510 16 CFR Proposed Rules: 310..................................................25512 23 CFR Proposed Rules: 657..................................................25516 658..................................................25516 33 CFR 207..................................................25502 Proposed Rules: 100 (2 documents).............................25523, 25526 36 CFR Proposed Rules: Ch. I................................................25528 242..................................................25528 40 CFR Ch. I................................................25504 80...................................................25706 Proposed Rules: 63...................................................25531 80...................................................25727 42 CFR Proposed Rules: 411..................................................25654 414..................................................25654 424..................................................25654 48 CFR 52...................................................25507 49 CFR Proposed Rules: 27...................................................25544 37...................................................25544 38...................................................25544 50 CFR 679 (2 documents)....................................25508 Proposed Rules: 100..................................................25528 216..................................................25544 660..................................................25558

usgpo

2024-10-08T14:08:33.140213

FR

FR-2006-05-01/06-4121

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Presidential Documents] [Pages 25483-25486] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4121] Presidential Documents Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Presidential Documents ___________________________________________________________________ Title 3-- The President [[Page 25483]] Executive Order 13400 of April 26, 2006 Blocking Property of Persons in Connection With the Conflict in Sudan's Darfur Region By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.)(NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, find that an unusual and extraordinary threat to the national security and foreign policy of the United States is posed by the persistence of violence in Sudan's Darfur region, particularly against civilians and including sexual violence against women and girls, and by the deterioration of the security situation and its negative impact on humanitarian assistance efforts, as noted by the United Nations Security Council in Resolution 1591 of March 29, 2005, and, to deal with that threat, hereby expand the scope of the national emergency declared in Executive Order 13067 of November 3, 1997, with respect to the policies and actions of the Government of Sudan, and hereby order: Section 1. (a) Except to the extent that sections 203(b) (1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, after consultation with the Secretary of State: (A) to have constituted a threat to the peace process in Darfur; (B) to have constituted a threat to stability in Darfur and the region; (C) to be responsible for conduct related to the conflict in Darfur that violates international law; (D) to be responsible for heinous conduct with respect to human life or limb related to the conflict in Darfur; (E) to have directly or indirectly supplied, sold, or transferred arms or any related materiel, or any assistance, advice, or training related to military activities to: (1) the Government of Sudan; (2) the Sudan Liberation Movement/Army; (3) the Justice and Equality Movement; (4) the Janjaweed; or (5) any person (other than a person listed in subparagraph (E)(1) through (E)(4) above) operating in the states of North Darfur, South Darfur, or West Darfur that is a belligerent, a nongovernmental entity, or an individual; [[Page 25484]] (F) to be responsible for offensive military overflights in and over the Darfur region; (G) to have materially assisted, sponsored, or provided financial, materiel, or technological support for, or goods or services in support of, the activities described in paragraph (a)(ii)(A) through (F) of this section or any person listed in or designated pursuant to this order; or (H) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person listed in or designated pursuant to this order. (b) I hereby determine that, to the extent section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type of articles specified in such section by, to, or for the benefit of any person listed in or designated pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13067 and expanded in this order, and I hereby prohibit such donations as provided by paragraph (a) of this section. (c) The prohibitions of paragraph (a) of this section include, but are not limited to, (i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person listed in or designated pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term ``person'' means an individual or entity; (b) the term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) the term ``arms or any related materiel'' means arms or related materiel of all types, military aircraft, and equipment, but excludes: (i) supplies and technical assistance, including training, intended solely for use in authorized monitoring, verification, or peace support operations, including such operations led by regional organizations; (ii) supplies of non-lethal military equipment intended solely for humanitarian use, human rights monitoring use, or protective use, and related technical assistance, including training; (iii) supplies of protective clothing, including flak jackets and military helmets, for use by United Nations personnel, representatives of the media, and humanitarian and development workers and associated personnel, for their personal use only; (iv) assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement signed January 9, 2005, by the Government of Sudan and the People's Liberation Movement/Army; and (v) other movements of military equipment and supplies into the Darfur region by the United States or that are permitted by a rule or decision of the Secretary of State, after consultation with the Secretary of the Treasury. Sec. 4. For those persons listed in or designated pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order [[Page 25485]] would render these measures ineffectual. I therefore determine that, for these measures to be effective in addressing the national emergency declared in Executive Order 13067 and expanded by this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 5. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. The Secretary of the Treasury shall ensure compliance with those provisions of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department of the Treasury in relation to this order. Sec. 6. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency expanded by this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of the IEEPA (50 U.S.C. 1703(c)). Sec. 7. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant the inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order. Sec. 8. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. Sec. 9. This order is effective at 12:01 a.m. eastern daylight time on April 27, 2006. (Presidential Sig.)B THE WHITE HOUSE, April 26, 2006. Billing code 3195-01-P [[Page 25486]] [GRAPHIC] [TIFF OMITTED] TD01MY06.002 [FR Doc. 06-4121 Filed 4-28-06; 8:45 am] Billing code 4810-25-C

usgpo

2024-10-08T14:08:33.154627

FR

FR-2006-05-01/06-4065

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25487-25495] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4065] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Rules and Regulations [[Page 25487]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 305 and 319 [Docket No. 03-113-3] Citrus From Peru AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the fruits and vegetables regulations to allow the importation, under certain conditions, of fresh commercial citrus fruit (grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and tangelos) from approved areas of Peru into the United States. Based on the evidence in a recent pest risk analysis, we believe these articles can be safely imported from Peru, provided certain conditions are met. This action will provide for the importation of citrus from Peru into the United States while continuing to protect the United States against the introduction of plant pests. DATES: Effective Date: May 1, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Tony Roman, Import Specialist, Commodity Import Analysis and Operation Staff, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-8758. SUPPLEMENTARY INFORMATION: Background The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56 through 319.56-8, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests. The Government of Peru has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow the importation into the United States of grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and tangelos. To evaluate the risks associated with the importation of citrus from Peru, we prepared a draft pest risk analysis entitled ``Importation of Fresh Commercial Citrus Fruit: Grapefruit (Citrus x paradisi Macfad.); Lime (C. aurantiifolia [Christm.] Swingle); Mandarin Orange or Tangerine (C. reticulata Blanco); Sweet Orange (C. sinensis [L.] Osbeck); Tangelo (C. x tangelo J.W. Ingram & H.E. Moore) from Peru into the United States'' (October 2003). On January 12, 2004, we published a notice in the Federal Register (69 FR 1694-1695, Docket No. 03-113-1) in which we advised the public of the availability of the draft pest risk analysis. We solicited comments concerning the pest risk analysis for 60 days ending March 12, 2004, and received 14 comments by that date. The comments were from Members of Congress, foreign importers, foreign citrus producers, foreign and domestic exporters and distributors, State departments of agriculture, and an agricultural trade service. We considered the comments we received on the draft pest risk analysis in the development of our proposal and discussed the comments in our proposed rule. On September 30, 2005, we published in the Federal Register (70 FR 57206-57213, Docket No. 03-113-2) a proposed rule \1\ to allow the importation, under certain conditions, of fresh commercial citrus fruit (grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and tangelos) from approved areas of Peru into the United States. We solicited comments concerning our proposal for 60 days ending November 29, 2005. We received 24 comments by that date, from Members of Congress, importers, exporters, foreign citrus producers, domestic growers, and private citizens. Nineteen of the commenters fully supported the proposed rule. The issues raised by the remaining commenters are discussed below. --------------------------------------------------------------------------- \1\ To view the proposed rule and the comments we received, go to http://www.regulations.gov, click on the ``Advanced Search'' tab, and select ``Docket Search.'' In the Docket ID field, enter APHIS- 2005-0079, then click on ``Submit.'' Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. --------------------------------------------------------------------------- General Comments Two commenters noted that the pest risk analysis states that limes (C. aurantiifolia) are poor hosts or nonhosts of Mediterranean fruit fly (Medfly, Ceratitis capitata) and Anastrepha spp. fruit flies and that APHIS does not require mandatory cold treatment of commercial C. aurantiifolia fruit to mitigate for those pests. The commenters asked why, then, the proposed rule did not exempt limes from the cold treatment requirement. The commenters are correct; we had intended to exempt limes from the cold treatment requirement in the proposed rule, but inadvertently failed to do so. Therefore, in this final rule the cold treatment requirements in Sec. 319.56-2pp, paragraph (f), include an exception for limes (C. aurantiifolia). One commenter asked how APHIS could cite the effectiveness of fruit cutting with regard to Spanish clementines when APHIS discovered Spanish clementines infested with Medfly only a few years ago. The purpose of fruit cutting is not to serve as a mitigation measure, but rather, to monitor the effectiveness of cold treatment. When we revised our cold treatment schedules in 2002 by removing the lower temperature/longer duration applications (an action we took in response to the detection of Medfly in Spanish clementines), we also began requiring that all fruit cold treated for Medfly be cut and sampled at the port of first arrival in order to ensure that the treatment was effective. In the case of clementines from Spain and other fruit cold treated for Medfly, we believe fruit cutting has been an effective way of monitoring the efficacy of cold treatment. One commenter asked that we explain in the final rule that satsuma (Citrus reticulata Blanco var. satsuma) is also known as Citrus unshiu Marcow var. Satsuma and clementine (C. reticulata var. clementine or Citrus reticulata Blanco cultigroup Tangerine cv. `Clementine') is considered to belong to the tangerine group. The citrus taxonomy we used in the pest risk analysis and proposed rule is based on the Swingle system. While the taxonomy of citrus is not established, most researchers use the Swingle system, which recognizes 16 species of [[Page 25488]] citrus. We believe it is appropriate to employ the system authored by Swingle for purposes of classification because it is generally accepted in the scientific community. The Citrus Fruit Borer Several commenters took issue with our providing for inspection as the only mitigation measure of Ecdytolopha aurantiana, the citrus fruit borer. Two commenters stated that the citrus borer is a dangerous pest and poses a great risk to the U.S. citrus industry and requested additional mitigation measures be required for the borer. One of these commenters suggested that mitigation measures include certification that the fruit was grown in an area free of the citrus fruit borer, which the commenter claimed could be verified with a parapheromone that can be used in trapping, and/or treatment with an irradiation dose of 400 Gy. We continue to believe that E. aurantiana is very easy to detect in visual inspections based on its effects on the fruit. As stated in our pest risk analysis, ``Fruit attacked by E. aurantiana gradually develop a necrotic area around the entrance hole caused by the larva in the rind of the fruit, and then the fruit either drops prematurely or develops a bright orange color distinct from healthy fruit.'' Because these symptoms are easy to recognize and highly visible, the fruit would not be marketable and we expect it to be rejected during packing or during the subsequent inspection conducted in Peru for E. aurantiana. Two commenters expressed concern for inspection being the only mitigation measure for the citrus fruit borer because of the small number of consignments typically inspected. The commenters cited what they described as the unreliability of inspections now that port inspections are largely the responsibility of the Department of Homeland Security (DHS) as another factor. The commenters added that port inspections have suffered, citing a 2004 Government Accountability Office report, and took issue with our position regarding port inspections in our proposed rule. The commenters contended that vacancies of qualified personnel is greater than when the transfer of inspection duties to DHS took place and that attrition outpaces new hires. With more fresh produce being imported and fewer qualified inspectors, the commenters stated, the training program for new inspectors is not at the same level as the original APHIS training program. With respect to the amount of shipments being inspected, our proposal called for all consignments of Peruvian citrus to be inspected prior to exportation and accompanied by a phytosanitary certificate with a specific declaration stating that the consignment has been inspected and found free of E. aurantiana. The primary object of the inspection that will take place in the United States and be conducted by DHS port inspectors will be to monitor the effectiveness of cold treatment. With respect to staffing levels, there was an initial drop in the number of inspectors following the transfer of port inspection responsibilities from APHIS to DHS in June 2003: APHIS transferred 1,507 agriculture inspectors to DHS, but by October 2004, the number of inspectors had decreased to 1,452. However, the loss of those 55 inspectors was more than offset by February 2005, at which time 109 new agricultural specialists had completed New Officer Training and were working at ports of entry. In addition, DHS approved 14 training classes for new officers which began in the summer of 2004 and continued through January 2006. As of February 2006, DHS had 1,858 agriculture inspectors and plans to hire 248 new officers this year to offset any projected attrition. With respect to training, there was a need to provide pest- exclusion training to those Immigration and Naturalization Service, U.S. Border Patrol, and U.S. Customs Service personnel who were transferred to DHS' Bureau of Customs and Border Protection (CBP), just as the mission of CBP dictated the need to provide cross-training in other specialties to those APHIS personnel who were transferred to CBP. Planning and delivering training for all these personnel necessarily had to be accomplished over time, but all CBP inspection personnel have now been fully and satisfactorily trained in pest exclusion. One commenter stated that if there is ever evidence of pest transfer of E. aurantiana into the United States that can be linked to shipments of Peruvian citrus, APHIS must implement additional measures beyond what was in the proposed rule to prevent the further introduction of the pest into the United States. The commenter added that APHIS must suspend shipments of citrus from Peru until additional measures are implemented. As stated in the proposed rule, if a single E. aurantiana is found upon inspection, the shipment will be held until an investigation is completed and appropriate remedial actions have been implemented. If APHIS determines at any time that inspection does not appear to be an effective mitigation for E. aurantiana, APHIS will take additional measures, which may include suspending the importation of citrus from Peru and conducting an investigation into the cause of the deficiency. One commenter stated that there is an assumption that cold treatment will kill the citrus fruit borer, but that this conclusion is not supported in the pest risk analysis. We did not state, nor did we intend to imply, in our proposed rule or pest risk analysis that cold treatment would serve as a mitigation measure for the citrus fruit borer. To address the risk presented by the citrus fruit borer, we are requiring that all shipments be inspected prior to export and accompanied by a phytosanitary certificate with an additional declaration stating that the consignment has been inspected and found free of E. aurantiana. Economic Analysis Two commenters raised several concerns with some of the conclusions in the proposed rule's economic analysis. One of these commenters took issue with our conclusion that imports of citrus from Peru would not have a negative impact on the domestic citrus industry because of the small amount of citrus we are expecting to import. The commenter added that we must consider the cumulative effect of all of our import rules. The commenter also took issue with how much of the information used for the analysis was based on Florida's citrus industry. The commenter stated that while the percentage of California's citrus production is small compared to the country as a whole, it is almost entirely sold for fresh, unlike Florida where only 10 percent is sold for fresh. Therefore, the commenter stated, this rule would have a much greater impact on the California citrus industry than the Florida citrus industry. The commenter stated that the impacts on citrus sold for fresh in the United States needed more examination. One commenter also took issue with our statement in the proposed rule that clementines and mandarins are not produced in the United States in commercially significant quantities. The commenter cited statistics from a 2004 California Department of Food and Agriculture report that showed there are 15,000 acres of these varieties planted in California. Each acre is equal to about 20 metric tons of fruit; meaning that 300,000 metric tons of fresh mandarins are being produced. The commenter stated that gross revenue per acre is an [[Page 25489]] estimated $5,000 to $6,000, resulting in a minimum of a $75 million industry. Two commenters took issue with our statement that imports of Peruvian citrus would complement citrus production in the United States. One of these commenters noted that fresh shipments of navel oranges from Texas peak in September/October, from Florida in September/December, and from California in November to May. The second commenter stated that allowing citrus imports during the period of February through September presents a significant competitive challenge to domestic citrus production intended for fresh utilization that should not be minimized. We have addressed the commenters' concerns in the revised economic analysis that is presented under the heading ``Executive Order 12866 and Regulatory Flexibility Act'' in this final rule. One commenter stated that our definition of small producer is ambiguous. The commenter stated that a citrus producer with annual gross revenues of $750,000 is one who has 300 acres of citrus and breaks even. The commenter estimated that 90 percent of the California citrus industry consists of family farms. The Small Business Administration (SBA) determines the definitions of small businesses, not APHIS. SBA has established a size standard for most industries in the U.S. economy. As is the case with most agricultural production, a small citrus producer is defined as a business with gross annual revenue of $750,000 or less. Amendment to Treatment Regulations In our proposed provisions concerning the cold treatment of citrus from Peru, we stated that fruit would have to be cold treated in accordance with part 305 of the regulations. Therefore, in this final rule, we have amended the table in Sec. 305.2(h)(2)(i) to include the appropriate treatment schedule for citrus from Peru. In addition, as a housekeeping measure, we have removed the footnote that has appeared at the end of the table. That footnote, which noted the availability of irradiation as an alternative treatment against mango seed weevil and 11 species of fruit flies, was no longer entirely accurate due to the changes made in a recent final rule (71 FR 4451-4464, published January 27, 2006) that established a new minimum generic dose of irradiation for most plant pests of the class Insecta. The regulatory text that precedes the table accurately indicates that treatment by irradiation in accordance with Sec. 305.31 may be substituted for other approved treatments for any of the pests listed in Sec. 305.31(a), so it is not necessary to maintain the footnote after the table. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the changes discussed in this document. Note: In our September 2005 proposed rule, we proposed to add the conditions governing the importation of citrus from Peru as Sec. 319.56-2nn. In this final rule, those conditions are added as Sec. 319.56-2pp. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the Federal Register. Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. The shipping season for key limes and mandarins from Peru is in progress. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit during this year's shipping season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the Federal Register. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. We are amending the fruits and vegetables regulations to allow the importation, under certain conditions, of fresh commercial citrus fruit (grapefruit, limes, mandarin oranges or tangerines, sweet oranges, and tangelos) from approved areas of Peru into the United States. Based on the evidence in a recent pest risk analysis, we believe these articles can be safely imported from Peru, provided certain conditions are met. This action provides for the importation of citrus from Peru into the United States while continuing to protect the United States against the introduction of plant pests. Peru is not considered a major world producer of citrus, and its citrus industry is relatively small compared to neighboring countries like Brazil, Uruguay, and Argentina. As shown in table 1, oranges account for the greatest proportion of citrus production in Peru (270,673 metric tons), followed by lemons and limes (238,179 metric tons), tangerines, clementines, mandarins, and satsumas (131,787 metric tons), and grapefruit and pomelos (30,500 metric tons). Table 1.--Citrus Production in Peru (2000) ------------------------------------------------------------------------ Area Crop harvested Production (hectares) (metric tons) ------------------------------------------------------------------------ Oranges................................. 23,353 270,673 Lemons and limes........................ 23,363 238,179 Tangerines, clementines, mandarins, and 7,375 131,787 satsumas............................... Grapefruit and pomelos.................. 1,750 30,500 ------------------------------------------------------------------------ Source: World Resources Institute (2002), cited in the pest risk analysis. [[Page 25490]] Peruvian officials have identified five areas or zones from which citrus would, or potentially could be, exported to the United States. Table 2 indicates the area planted to citrus in each of the five zones. Export citrus is produced in zones I to IV (Piura, Lambayeque, Lima and Ica); however, Peru has also identified the potential for exports from the jungle region in zone V (Junin). Zone I (Piura) accounts for 41 percent of the land area in citrus production. Table 2.--Area in Citrus Production in Peru, by Zone ------------------------------------------------------------------------ Area planted Zone to citrus (hectares) ------------------------------------------------------------------------ I Piura................................................. 13,005 II Lambayeque........................................... 4,592 III Lima................................................ 3,251 IV Ica.................................................. 1,728 V Junin................................................. 8,822 ------------------------------------------------------------------------ Source: Carbonell Torres (2002), cited in the pest risk analysis. Peru exported 11,339 metric tons of citrus in 2003 (table 3). Five exporters in four packinghouses account for 98 percent of the total exports. Table 3.--Current Citrus Exports From Peru ------------------------------------------------------------------------ Volume Destination exported (metric tons) ------------------------------------------------------------------------ Belgium................................................. 412 Canada.................................................. 1,032 Colombia................................................ 158 Ecuador................................................. 363 Hong Kong............................................... 144 Ireland................................................. 154 Netherlands............................................. 3,712 Singapore............................................... 20 Spain................................................... 282 United Kingdom.......................................... 3,907 Venezuela............................................... 1,139 Others.................................................. 16 --------------- Total............................................... 11,339 ------------------------------------------------------------------------ Source: Carbonell Torres (2002), cited in the pest risk analysis. The United States produced 11.4 million metric tons of citrus fruit in 2004-2005, valued at $2.39 billion. Citrus is produced in Florida, California, Arizona, and Texas. Florida accounted for 67 percent of U.S. citrus production in 2004-2005, while California accounted for 29 percent, Texas for 3 percent, and Arizona for 1 percent. Florida and California each accounted for 47 percent of the value of production, while Texas and Arizona accounted for 4 percent and 2 percent, respectively. In Florida, 89 percent of the citrus produced is utilized for processing. However, a much larger percentage of the citrus produced in California (78 percent), Arizona (62 percent), and Texas (52 percent) is utilized for fresh production. Thus, whereas Florida accounts for 88 percent of the 7.7 million metric tons of citrus processed in the United States, California accounts for 70 percent of the 3.7 million metric tons of U.S. fresh citrus production. Table 4.--Citrus Production in the United States: Acreage, Production, Utilization, and Value of Total Citrus by State [2004-2005] ---------------------------------------------------------------------------------------------------------------- Utilization of production Value of Bearing Production (1,000 metric tons) production State acreage (1,000 metric -------------------------------- (1,000 (acres) tons) Fresh Processed dollars)1 ---------------------------------------------------------------------------------------------------------------- Arizona......................... 26,500 127 79 48 $38,276 California...................... 243,800 3,309 2,591 718 1,131,851 Florida......................... 641,400 7,588 836 6,752 1,130,444 Texas........................... 27,300 339 177 162 88,684 United States................... 939,000 11,363 3,683 7,680 2,389,255 ---------------------------------------------------------------------------------------------------------------- Source: National Agricultural Statistics Service (NASS), United States Department of Agriculture (USDA) (September 2005) (http://www.nass.usda.gov). 1 Packinghouse-door equivalents. Oranges accounted for the major proportion of the individual citrus crops produced in the United States (table 5). In 2004-2005, 9.1 million metric tons of oranges were produced, valued at $1.5 billion. Grapefruit was valued at $398 million, lemons at $351 million, tangerines at $130 million, tangelos at $8 million, and temples at $3 million. NASS does not cite similar statistics on a by-crop basis for clementines and mandarins specifically. However, according to California Citrus Mutual, 15,000 acres of these varieties are planted in California, representing an approximately $75 million industry.\2\ --------------------------------------------------------------------------- \2\ California Citrus Mutual Perspective, October 4, 2004. Table 5.--Citrus Production in the United States: Acreage, Production, Utilization, and Value by Crop [2004-2005] ---------------------------------------------------------------------------------------------------------------- Utilization of production Value of Bearing Production (1,000 metric tons) production Crop acreage (1,000 metric -------------------------------- (1,000 (acres) tons) Fresh Processed dollars) 1 ---------------------------------------------------------------------------------------------------------------- Oranges......................... 732,100 9,112 2,212 6,900 $1,498,063 Grapefruit...................... 103,500 1,008 619 389 397,909 Lemons.......................... 58,500 813 562 251 351,897 Tangelos........................ 6,400 70 22 48 8,004 Tangerines 2.................... 35,600 331 259 72 130,068 [[Page 25491]] Temples......................... 2,900 29 9 20 3,314 ---------------------------------------------------------------------------------------------------------------- Source: NASS, USDA (September 2005) (http://www.nass.usda.gov). 1 Packinghouse-door equivalents. 2 Published estimates include Florida only. Estimates include Fallglo, Sunburst, and Honey varieties only. In 2004, the United States imported 478,400 metric tons of citrus valued at $307.2 million (table 6). The major countries from which citrus fruit were imported included Mexico, Spain, South Africa, Australia, and Chile. Lemons and limes, mandarins, and oranges were the major products imported, and accounted for 48 percent, 32 percent, and 19 percent of the value of imports, respectively. Table 6.--U.S. Imports of Citrus Fruits [2004] ---------------------------------------------------------------------------------------------------------------- Value (U.S. Major countries from which citrus Commodity dollars in Quantity is imported, and percent share millions) (metric tons) import value 1 ---------------------------------------------------------------------------------------------------------------- Lemons and limes........................... $146.5 321,100 Mexico (88%), Chile (7.6%), Spain (2%). Mandarins.................................. 99.0 77,300 Spain (76.2%), South Africa (12.6%), Australia (6.4%), Mexico (2.2%), Morocco (1.4%). Oranges.................................... 58.8 65,700 South Africa (45.2%), Australia (42.8%), Mexico (9.1%), Dominican Republic (1.2%). Grapefruit................................. 1.6 13,800 Bahamas (68.6%), Mexico (26.0%), Canada (2.9%), Israel (2.4%). Other citrus fruit 2....................... 1.3 600 Jamaica (68.0%), Israel (25.1%), Italy (3.7%), Vietnam (1.2%), Morocco (1.2%). -------------------------------- Total citrus fruit..................... 307.2 478,400 Mexico (44.5%), Spain (25.5%), South Africa (12.9%), Australia(10.3%), and Chile (3.6%). ---------------------------------------------------------------------------------------------------------------- Source: World Trade Atlas (2005) (http://www.gtis.com). 1 Only countries accounting for more than 1 percent of the value of imports are included in table 6. 2 Includes various fresh and dried citrus fruits, such as kumquats, citrons, bergamots, and Tahitian, Persian, and other limes of the Citrus latifolia variety. Peruvian exporters estimated that exports of citrus to the United States would total 5,100 metric tons a year. Tangerines/mandarins and tangelos are expected to comprise 69 percent of these exports (table 7). The estimated volume of 5,100 metric tons of U.S. citrus imports from Peru would comprise a relatively minimal amount compared to current U.S. citrus imports of 478,400 metric tons and U.S. domestic citrus production of 11.4 million metric tons (table 8). Table 9 compares the volume of fresh citrus imports from Peru to the corresponding fresh citrus production in the United States on a by-crop basis, based on available data. Table 7.--Estimated Annual Volume of Peruvian Citrus Exports to the United States \1\ ------------------------------------------------------------------------ Number of 40- Commodity Metric tons foot shipping containers \2\ ------------------------------------------------------------------------ Tangerine/mandarin...................... 2,000 100 Tangelo................................. 1,500 75 Key lime................................ 600 30 Clementine.............................. 500 25 Washington navel orange................. 300 15 Grapefruit.............................. 200 10 ------------------------------- Total............................... 5,100 255 ------------------------------------------------------------------------ Sources: (Carbonell Torres, 2003, and Cargo Systems, 2001, cited in the pest risk analysis). \1\ Volumes were estimated for the year 2004. \2\ A conversion factor of 20 metric tons per 40-foot shipping container is used. [[Page 25492]] Table 8.--Comparison of Estimated U.S. Citrus Imports From Peru to Current U.S. Citrus Imports and U.S. Domestic Citrus Production ------------------------------------------------------------------------ Volume Source of citrus (metric tons) ------------------------------------------------------------------------ Total U.S. citrus production (fresh and processed)...... 11,363,000 Fresh citrus production in California............... 2,591,000 Fresh citrus production in Florida.................. 836,000 Fresh citrus production in Texas.................... 177,000 Fresh citrus production in Arizona.................. 79,000 --------------- Total U.S. fresh citrus production.............. 3,683,000 U.S. imports of citrus.................................. 478,400 Estimated U.S. fresh citrus imports from Peru........... 5,100 ------------------------------------------------------------------------ Table 9.--Comparison of Estimated Fresh Citrus Imports From Peru With Fresh Citrus Production in the United States, by Crop ------------------------------------------------------------------------ Peruvian U.S. fresh imports production Commodity (metric tons) (metric tons) (2004) (2004-2005) ------------------------------------------------------------------------ Tangerine/mandarin...................... 2,000 \1\ 259,000 Tangelo................................. 1,500 22,000 Key lime................................ 600 NA Clementine.............................. 500 \1\ NA Orange.................................. 300 2,212,000 Grapefruit.............................. 200 619,000 ------------------------------- Total............................... 5,100 3,683,000 ------------------------------------------------------------------------ \1\ U.S. production estimates are for tangerines only. For estimates of clementine and mandarin production in California, please see the above discussion of citrus production in the United States. NA = Not available from table 5. Table 10 shows available information regarding the shipping seasons for the Peruvian citrus crops that may be imported into the United States. Table 11 shows available information regarding the marketing seasons for citrus fruits produced in the United States. Qualitative comparison of this information shows that potential overlaps in marketing seasons will depend on the crop and the area where it is produced. For example, tangerines/mandarins and tangelos are expected to comprise 69 percent of the Peruvian fresh citrus imports. The tangelo imports are expected from July to September, and are therefore not expected to overlap with the marketing season for tangelos from Florida (October 15 to April 15). Similarly, Peruvian mandarin imports from March to May are not expected to overlap with tangerine shipments from Arizona (November 1 to February 1), although the imports may overlap with the marketing seasons for tangerines from California (November 1 to May 15) and Florida (October 1 to April 1). Information provided by U.S. citrus grower organizations further indicates that the shipping season for Peruvian citrus imports may overlap with the marketing season of certain U.S. produced citrus fruits. Thus, though the small quantities of Peruvian imports may not be likely to affect overall U.S. fresh citrus production significantly, certain groups of producers could potentially be negatively affected by the rule depending on the crop, the area where it is produced, and the extent to which its marketing period could overlap with Peruvian imports. However, the extent of these potential impacts cannot be determined with certainty at present. Table 10.--Peruvian Citrus Shipping Seasons [February to September] -------------------------------------------------------------------------------------------------------------------------------------------------------- Crop Feb Mar Apr May Jun Jul Aug Sep -------------------------------------------------------------------------------------------------------------------------------------------------------- Clementine.............................................. .......... .......... .......... X X X X X Key lime................................................ X X X .......... .......... .......... .......... .......... Mandarin................................................ .......... X X X .......... .......... .......... .......... Orange.................................................. .......... .......... .......... .......... X X X X Tangelo................................................. .......... .......... .......... .......... .......... X X X -------------------------------------------------------------------------------------------------------------------------------------------------------- Source: Carbonell Torres, 2002, cited in the pest risk analysis. [[Page 25493]] Table 11.--Marketing Seasons of U.S. Citrus Fruits, by Crop and State ------------------------------------------------------------------------ Crops and states Period ------------------------------------------------------------------------ Oranges: Arizona...................... November 1 to August 31. California Navels............ November 1 to June 15. California Valencias......... March 15 to December 20. Florida Early and Midseason.. October 1 to April 15. Florida Valencias............ February 1 to July 31. Texas........................ September 25 to May 15. Grapefruit: Arizona...................... November 1 to July 31. California................... November 1 to October 31. Florida...................... September 10 to July 31. Texas........................ October 1 to May 30. Lemons: Arizona...................... August 15 to March 1. California................... August 1 to July 31. Tangelos: Florida...................... October 15 to April 15. Tangerines: Arizona...................... November 1 to February 1. California................... November 1 to May 15. Florida...................... October 1 to April 1. Temples: Florida...................... December 1 to May 1. ------------------------------------------------------------------------ Source: NASS, USDA (September 2005) (http://www.nass.usda.gov). According to the 2002 Census of Agriculture, there were 17,727 citrus farms in the United States in 2002.\3\ As noted previously, the SBA defines a small citrus producer as one with annual gross revenues no greater than $750,000. NASS, USDA, reported that 3.8 percent of U.S. fruit and tree nut producers accounted for 95.1 percent of sales in 1982, 4.2 percent of fruit and tree nut producers accounted for 96.2 percent of sales in 1987, and 4.6 percent of fruit and tree nut producers accounted for 96.7 percent of sales in 1992. These data indicate that the majority of U.S. citrus producers are small entities. --------------------------------------------------------------------------- \3\ NASS, USDA, 2004, http://www.nass.usda.gov/census/census02. --------------------------------------------------------------------------- Qualitative comparison of the shipping seasons for the Peruvian citrus imports (table 10) and the marketing seasons for citrus fruits produced in the United States (table 11) shows that potential overlaps in marketing seasons will depend on the crop and the area where it is produced. Thus, certain groups of producers could potentially be negatively affected by the rule, depending on the crop, the area where it is produced, and the extent to which its marketing period could overlap with Peruvian imports. However, the extent of these potential impacts cannot be determined with certainty at present. Nevertheless, U.S. fresh citrus producers in general are not expected to be significantly impacted by the rule. The estimated volume of 5,100 metric tons of U.S. citrus imports from Peru would comprise a minimal amount compared to current U.S. citrus imports of 478,400 metric tons and U.S. domestic citrus production of 11.4 million metric tons (table 6). With regard to U.S. fresh citrus production specifically, it also comprises a minimal amount compared to fresh citrus production in Arizona (79,000 metric tons), Texas (177,000 metric tons), Florida (836,000 metric tons), California (2,591,000 metric tons), and total U.S. fresh citrus production (3,683,000 metric tons). This rule will likely benefit importers of citrus fruits. The number of importers that can be classified as small is not known. However, the rule will likely benefit, rather than adversely impact, small entities in these industries, which include: Fresh fruit and vegetable wholesalers with no more than 100 employees, North American Industry Classification System (NAICS) code 422480; wholesalers and other grocery stores with annual gross revenues no greater than $23 million, NAICS 445110; warehouse clubs and superstores with annual gross revenues no greater than $23 million, NAICS 452910; and fruit and vegetable markets with gross revenues no greater than $6 million, NAICS 445230. Consumers should also benefit through the increased availability of fresh citrus fruit throughout the year. Given the small fraction that Peruvian fresh citrus imports will comprise of total domestic fresh citrus supply, APHIS does not expect significant effects on the overall supply and price of fresh citrus fruits produced in the United States. Under the Plant Protection Act, the Secretary may prohibit or restrict the importation of plants and plant products if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of a plant pest or noxious weed. Thus, our determinations as to whether a new agricultural commodity can be safely imported are based on the findings of pest risk analysis, not on factors such as economic competitiveness. In addition, APHIS is bound under international trade agreements to remove barriers to trade in the event that such barriers are found by scientific analysis to be unnecessary. In this case, we have determined, based on the information presented in the pest risk analysis, that fresh citrus fruits imported under the conditions in this rule will not result in the introduction and dissemination of a plant pest or noxious weed into the United States. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows citrus to be imported into the United States from Peru. State and local laws and regulations regarding citrus imported under this rule will be preempted while the fruit is in foreign commerce. Fresh [[Page 25494]] citrus are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of citrus from Peru under the conditions specified in this rule will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov Web site.\4\ Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, room 1141, South Building, 14th Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on (202) 690-2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. --------------------------------------------------------------------------- \4\ Go to http://www.regulations.gov, click on the ``Advanced Search'' tab and select ``Docket Search.'' In the Docket ID field, enter APHIS-2005-0079, click on ``Submit,'' then click on the Docket ID link in the search results page. The environmental assessment and finding of no significant impact will appear in the resulting list of documents. --------------------------------------------------------------------------- Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget (OMB) under OMB control number 0579-0289. Government Paperwork Elimination Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. For information pertinent to GPEA compliance related to this rule, please contact Mrs. Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477. List of Subjects 7 CFR Part 305 Irradiation, Phytosanitary treatment, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements. 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. 0 Accordingly, 7 CFR parts 305 and 319 are amended as follows: PART 305--PHYTOSANITARY TREATMENTS 0 1. The authority citation for part 305 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 0 2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended by removing footnote 1 and by adding, under Peru, an entry for grapefruit, mandarins or tangerines, sweet oranges, and tangelos, in alphabetical order, to read as follows: Sec. 305.2 Approved treatments. * * * * * (h) * * * (2) * * * (i) * * * ---------------------------------------------------------------------------------------------------------------- Location Commodity Pest Treatment schedule ---------------------------------------------------------------------------------------------------------------- * * * * * * * Peru * * * * * * * Grapefruit, mandarins Anastrepha fraterculus, A. CT T107-a-1 or tangerines, sweet obliqua, A. serpentina, oranges, and and Ceratitis capitata. tangelos. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * PART 319--FOREIGN QUARANTINE NOTICES 0 3. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 0 4. A new Sec. 319.56-2pp is added to read as follows: Sec. 319.56-2pp Conditions governing the importation of citrus from Peru. Grapefruit (Citrus paradisi), limes (C. aurantiifolia), mandarins or tangerines (C. reticulata), sweet oranges (C. sinensis), and tangelos (Citrus tangelo) may be imported into the United States from Peru under the following conditions: [[Page 25495]] (a) The fruit must be accompanied by a specific written permit issued in accordance with Sec. 319.56-3. (b) The fruit may be imported in commercial shipments only. (c) Approved growing areas. The fruit must be grown in one of the following approved citrus-producing zones: Zone I, Piura; Zone II, Lambayeque; Zone III, Lima; Zone IV, Ica; and Zone V, Junin. (d) Grower registration and agreement. The production site where the fruit is grown must be registered for export with the national plant protection organization (NPPO) of Peru, and the producer must have signed an agreement with the NPPO of Peru whereby the producer agrees to participate in and follow the fruit fly management program established by the NPPO of Peru. (e) Management program for fruit flies; monitoring. The NPPO of Peru's fruit fly management program must be approved by APHIS, and must require that participating citrus producers allow APHIS inspectors access to production areas in order to monitor compliance with the fruit fly management program. The fruit fly management program must also provide for the following: (1) Trapping and control. In areas where citrus is produced for export to the United States, traps must be placed in fruit fly host plants at least 6 weeks prior to harvest at a rate mutually agreed upon by APHIS and the NPPO of Peru. If fruit fly trapping levels at a production site exceed the thresholds established by APHIS and the NPPO of Peru, exports from that production site will be suspended until APHIS and the NPPO of Peru conclude that fruit fly population levels have been reduced to an acceptable limit. Fruit fly traps are monitored weekly; therefore, reinstatements of production sites will be evaluated on a weekly basis. (2) Records. The NPPO of Peru or its designated representative must keep records that document the fruit fly trapping and control activities in areas that produce citrus for export to the United States. All trapping and control records kept by the NPPO of Peru or its designated representative must be made available to APHIS upon request. (f) Cold treatment. The fruit, except for limes (C. aurantiifolia), must be cold treated for Anastrepha fraterculus, A. obliqua, A. serpentina, and Ceratitis capitata (Mediterranean fruit fly) in accordance with part 305 of this chapter. (g) Phytosanitary inspection. Each consignment of fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Peru stating that the fruit has been inspected and found free of Ecdytolopha aurantiana. (h) Port of first arrival sampling. Citrus fruits imported from Peru are subject to inspection by an inspector at the port of first arrival into the United States in accordance with Sec. 319.56- 2d(b)(8). At the port of first arrival, an inspector will sample and cut citrus fruits from each shipment to detect pest infestation. If a single live fruit fly in any stage of development or a single E. aurantiana is found, the shipment will be held until an investigation is completed and appropriate remedial actions have been implemented. (Approved by the Office of Management and Budget under control number 0579-0289) Done in Washington, DC, this 26th day of April 2006. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 06-4065 Filed 4-28-06; 8:45 am] BILLING CODE 3410-34-P

usgpo

2024-10-08T14:08:33.178828

FR

FR-2006-05-01/06-4040

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25495-25502] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4040] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 [Docket no. AO-14-A75, et al.; DA-06-06] Milk in the Northeast and Other Marketing Areas; Order Amending Orders AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the current ten Federal milk marketing orders issued under the Agricultural Marketing Agreement Act of 1937 (AMAA) to reflect recent amendments to the AMAA. The Milk Regulatory Equity Act of 2005, which was signed into law on April 11, 2006, amended the AMAA to ensure regulatory equity between and among dairy farmers and handlers for sales of packaged fluid milk in Federal milk marketing order areas and into certain non-Federally regulated milk marketing areas from Federal milk marketing areas. ------------------------------------------------------------------------ 7 CFR parts Marketing area AO Nos. ------------------------------------------------------------------------ 1001........................ Northeast........... AO-14-A75. 1005........................ Appalachian......... AO-388-A19. 1006........................ Florida............. AO-356-A40. 1007........................ Southeast........... AO-366-A48. 1030........................ Upper Midwest....... AO-361-A41. 1032........................ Central............. AO-313-A50. 1033........................ Mideast............. AO-166-A74. 1124........................ Pacific Northwest... AO-368-A36. 1126........................ Southwest........... AO-231-A69. 1131........................ Arizona Las-Vegas... AO-271-A41. ------------------------------------------------------------------------ DATES: Effective Date: May 1, 2006. FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Associate Deputy Administrator for Order Formulation and Enforcement, USDA/AMS/Dairy Programs, Stop 0231-Room 2971-S, 1400 Independence Avenue, SW., Washington, DC 20250-0231, (202) 690-1366, e-mail address: [email protected]. SUPPLEMENTARY INFORMATION: This final rule implements the provisions of the Milk Regulatory Equity Act of 2005 (Pub. L. 109-215, 120 Stat. 328), that amends the Agricultural Marketing Agreement Act of 1937 (AMAA). In passing this amendment, the congressional intent is to ``* * * ensure regulatory equity between and among all dairy farmers and handlers for sales of packaged fluid milk in federally regulated milk marketing areas and into certain non-federally regulated milk marketing areas from federally regulated areas, and for other purposes.'' The Milk Regulatory Equity Act of 2005 provides for and accordingly, this final rule amends the current ten Federal milk marketing orders to: (1) Require fluid milk handlers located in Federal milk marketing order areas as described on the date of enactment, but [[Page 25496]] not regulated by any Federal milk marketing order, to pay Federal order minimum prices to the Federal order where the handler is physically located for sales of packaged fluid milk into non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for milk, excluding plants pooled on another Federal order, plants subject to minimum pricing under State regulations, exempt plants, and producer-handlers with less than three- million pounds of route distribution; (2) Partially or fully regulate any producer-handler that has total distribution of Class I products of own-farm production in excess of three-million pounds and distributes fluid milk in the Arizona-Las Vegas marketing order area; and (3) Remove the State of Nevada from the marketing area definition of any Federal order. This final rule amends provisions in each of the ten Federal milk marketing orders concerning pool plants and producer-handlers that appear in Sec. 1----.7 and Sec. 1----.10 of each order. Concerning these amendments, conforming changes also are made to order provisions in parts 1030, 1032, 1124 and 1131. Finally, in part 1131, Clark County, Nevada is removed from the definition of the Arizona-Las Vegas marketing area. The Milk Regulatory Equity Act of 2005 specifically amends section 608c(11) of the AMAA by removing the following: ``The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.'' This removal of the Clark County exemption results in handlers located in Clark County, Nevada, now being subject to Federal order minimum prices for their route sales in a Federal order marketing area. Since Clark County, Nevada, was in the Arizona-Las Vegas marketing area at the time of enactment, April 11, 2006, any handlers located in this area will be required to pay Federal order minimum prices to the Arizona-Las Vegas order for sales of packaged fluid milk into non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for milk, excluding plants pooled on another Federal order, plants subject to minimum pricing under State regulations, exempt plants, and producer-handlers with less than three- million pounds of route distribution. With regard to the records and facilities, the Milk Regulatory Equity Act of 2005 provides that notwithstanding any other provision of section 8c of the AMAA, or the amendments made by the 2005 Act, a milk handler (including a producer-handler or a producer operating as a handler) that is subject to regulation is required to comply with the requirements of 7 CFR 1000.27, or a successor regulation, relating to handler responsibility for records or facilities. The information collection and recordkeeping requirements contained in 7 CFR 1000.27, as well as the information collection requirements in each of the ten Federal milk marketing orders has been previously approved by the Office of Management and Budget under the provision of Title 44 U.S.C. chapter 35 and been assigned OMB Control No. 0581-0032. The Milk Regulatory Equity Act of 2005 (Act) further provides that the amendments made by that Act are to take effect on the first day of the first month beginning more than 15 days after the date of the enactment of this Act. The Act was signed into law on April 11, 2006, and therefore, the effective date of the amendments to the milk marketing orders is May 1, 2006. To accomplish the expedited implementation of the amendments, the Act provides that the Secretary of Agriculture shall include in the pool distributing plant provisions of each Federal milk marketing order a provision that a handler, subject to the Act, will be fully regulated by the order in which the handler's distributing plant is located. Lastly, the Act provides that the amendments shall not be subject to a referendum under section 8c(19) the AMAA (7 U.S.C. 608c(19)). This final rule is issued in conformance with the requirements Executive Order 12866. The amendments to the orders provided for herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have a retroactive effect. The amendments do not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. The AMAA, as amended (7 U.S.C. 604-674), provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the AMAA, any handler subject to an order may request modification or exemption from such order by filing with the Department a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with the law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The Act provides that the district court of the United States in any district in which the handlers is an habitant, or has a principal place of business, has jurisdiction in equity to review the Department's ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this final rule will not have a significant economic impact on a substantial number of small entities. For the purpose of the Regulatory Flexibility Act, a dairy farm is considered a ``small business'' if it has an annual gross revenue of less than $750,000, and a dairy products manufacture is a ``small business'' if it has fewer than 500 employees. For the purposes of determining which dairy farms are ``small businesses,'' the $750,000 per year criterion was used to establish a production guideline of 500,000 pounds per month. Although this guideline does not factor in additional monies that may be received by dairy producers, it should be an inclusive standard for most ``small'' dairy farmers. For purposes of determining a handler's size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500-employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. Producer-handlers are defined as dairy farmers that process only their own milk production. These entities must be dairy farmers as a pre-condition to operating processing plants as producer-handlers. The size of the dairy farm determines the production level of the operation and is the controlling factor in the capacity of the processing plant and possible sales volume associated with the producer-handler entity. Determining whether a producer-handler is considered a small or large business must depend on its capacity as a dairy farm where a producer- handler with annual gross revenue in excess of $750,000 is considered a large business. For the month of January 2006, there were 38,279 dairy farmers were pooled on the Federal order system. Of the total, 35,503, or 93 percent were considered small businesses. During the same month, 399 plants were regulated by or reported their milk receipts to their respective Market Administrator. Of the total, 204, or 51 percent were [[Page 25497]] considered small businesses. There are approximately 78 producer- handlers in the Federal milk order program. Of this number, fewer than 5 of these producer-handlers would be considered large enough to potentially be affected by this final rule. This final rule amends the current ten Federal milk marketing orders to: (1) Require fluid milk handlers located in Federal milk marketing order areas as described on the date of enactment, but not regulated by any Federal milk marketing order, to pay Federal order minimum prices to the Federal order where the handler is physically located for sales of packaged fluid milk into non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for milk, excluding plants pooled on another Federal order, plants subject to minimum pricing under State regulations, exempt plants, and producer-handlers with less than three- million pounds of route distribution; (2) Partially or fully regulate any producer-handler that has total distribution of Class I products of own-farm production in excess of three-million pounds and distributes fluid milk in the Arizona-Las Vegas marketing order area; and (3) Remove the State of Nevada from the marketing area definition of any Federal order. These provisions assure that dairy farmers and handlers receive identical treatment regardless of size of their business. The established criteria are applied in an identical fashion to both large and small businesses and will not have any different impact on those businesses producing fluid milk products. Therefore, the final rule will not have a significant economic impact on a substantial number of small entities. A review of reporting requirements was completed under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). It was determined that this final rule would have no impact on reporting, record keeping, or other compliance requirements because they would remain identical to the current requirements. No new forms are proposed and no additional reporting requirements are necessary. This final rule does not require additional information collection that needs clearance by the Office of Management and Budget (OMB) beyond currently approved information collection. The primary sources of data used to complete the forms are routinely used in most business transactions. The forms require only a minimal amount of information which can be supplied without data processing equipment or a trained statistical staff. Thus, the information collection and reporting burden is relatively small. Requiring the same reports for all handlers does not significantly disadvantage any handler that is smaller than the industry average. Further, given the provisions of the Milk Regulatory Equity Act of 2005, it is found, upon good cause, that further public procedure is unnecessary and impracticable and it is necessary and in the public interest to make this final rule effective May 1, 2006. Accordingly, pursuant to the provisions of the Milk Regulatory Equity Act of 2005, the ten Federal milk marketing orders are amended as specified herein and this final rule becomes effective on May 1, 2006. List of Subjects in 7 CFR Part 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 Milk marketing orders. Order Relative to Handling 0 It is therefore ordered, that on and after the effective date hereof, the handling of milk in each of the aforesaid marketing areas shall be in conformity to and in compliance with the terms and conditions of the orders, as hereby amended. 0 For the reasons set forth in the preamble and under the authority set for in Public Law 109-215, 120 Stat. 328, 7 CFR parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 are amended as follows: 0 1. The authority citation for 7 CFR parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 is revised to read as follows: Authority: 7 U.S.C. 601-674, 7253; Pub. L. 109-215, 120 Stat. 328. PART 1001--MILK IN THE NORTHEAST MARKETING AREA 0 2. Add Sec. 1001.7(d) to read as follows: Sec. 1001.7 Pool plant. * * * * * (d) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1001.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1001.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1001.10 with less than three million pounds during the month of route dispositions and/or transfers of packaged fluid milk products to other plants. (2) [Reserved]. * * * * * 0 3. Add Sec. 1001.10(f) to read as follows: Sec. 1001.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1005--MILK IN THE APPALACHIAN MARKETING AREA 0 4. Section 1005.7 is amended by revising introductory text, redesignating paragraph (g) to (h) and adding new paragraph (g) to read as follows: [[Page 25498]] Sec. 1005.7 Pool plant. Pool plant means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (g) of this section but excluding a plant specified in paragraph (h) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section: * * * * * (g) Any distributing plant other than a plant qualified as a pool plant pursuant to Sec. 1005.7(a) or paragraph (b) of this section or Sec. ----.7(b) of any other Federal milk order or Sec. 1005.7(e) or Sec. 1000.8(a) or Sec. 1000.8(e); located within the marketing area as described on April 11, 2006, in Sec. 1005.2, from which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non- Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusion: (1) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (2) A producer-handler described in Sec. 1005.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. * * * * * 0 5. Add Sec. 1005.10(e) to read as follows: Sec. 1005.10 Producer-handler. * * * * * (e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1006--MILK IN THE FLORIDA MARKETING AREA 0 6. Section 1006.7 is amended by revising introductory text and adding paragraph (h) to read as follows: Sec. 1006.7 Pool plant. Pool plant means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (h) of this section, but excluding a plant specified in paragraph (g) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section: * * * * * (h) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1006.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1006.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1006.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. (2) [Reserved]. 0 7. Add Sec. 1006.10(e) to read as follows: Sec. 1006.10 Producer-handler. * * * * * (e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1007--MILK IN THE SOUTHEAST MARKETING AREA 0 8. Section 1007.7 is amended by revising introductory text and adding paragraph (h) to read as follows: Sec. 1007.7 Pool plant. Pool plant means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (h) of this section, but excluding a plant specified in paragraph (g) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section: * * * * * (h) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1007.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that [[Page 25499]] require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1007.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1007.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. 0 9. Add Sec. 1007.10(e) to read as follows: Sec. 1007.10 Producer-handler. * * * * * (e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA 0 10. In Sec. 1030.7 revise paragraphs (c)(1)(i) and (c)(2) and add paragraph (d) to read as follows: Sec. 1030.7 Pool plant. * * * * * (c) * * * (1) * * * (i) Pool plants described in Sec. 1030.7(a), (b), (d), and (e); * * * * * (2) The operator of a supply plant located within the States of Illinois, Iowa, Minnesota, North Dakota, South Dakota, Wisconsin and the Upper Peninsula of Michigan may include as qualifying shipments under this paragraph milk delivered directly from producers' farms pursuant to Sec. Sec. 1000.9(c) or 1030.13(c) to plants described in paragraphs (a), (b), (d) and (e) of this section. Handlers may not use shipments pursuant to Sec. 1000.9(c) or Sec. 1030.13(c) to qualify plants located outside the area described above. * * * * * (d) Any distributing plant, located within the marketing area as described on April 11, 2006 in Sec. 1030.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1030.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1030.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. (2) [Reserved] * * * * * 0 11. Add Sec. 1030.10(f) to read as follows: Sec. 1030.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). 0 12. Revise Sec. 1030.13(d)(3) to read as follows: Sec. 1030.13 Producer milk. * * * * * (d) * * * (3) The quantity of milk diverted to nonpool plants by the operator of a pool plant described in Sec. 1030.7(a), (b) or (d) may not exceed 90 percent of the Grade A milk received from dairy farmers (except dairy farmers described in Sec. 1030.12(b)) including milk diverted pursuant to Sec. 1030.13; and * * * * * 0 13. Revise Sec. 1030.55(a) and (b) to read as follows; Sec. 1030.55 Transportation credits and assembly credits. (a) Each handler operating a pool distributing plant described in Sec. 1030.7(a), (b), (d), or (e) that receives bulk milk from another pool plant shall receive a transportation credit for such milk computed as follows: * * * * * (b) Each handler operating a pool distributing plant described in Sec. 1030.7(a), (b), (d), or (e) that receives milk from dairy farmers, each handler that transfers or diverts bulk milk from a pool plant to a pool distributing plant, and each handler described in Sec. 1000.9(c) that delivers producer milk to a pool distributing plant shall receive an assembly credit on the portion of such milk eligible for the credit pursuant to paragraph (c) of this section. The credit shall be computed by [[Page 25500]] multiplying the hundredweight of milk eligible for the credit by $0.08. * * * * * PART 1032--MILK IN THE CENTRAL MARKETING AREA 0 14. Section 1032.7 is amended by revising introductory text and adding paragraph (i) to read as follows: Sec. 1032.7 Pool plant. Pool plant means a plant, unit of plants, or system of plants as specified in paragraphs (a) through (f) of this section, or a plant specified in paragraph (i) of this section, but excluding a plant specified in paragraph (h) of this section. The pooling standards described in paragraphs (c) and (d) and (f) of this section are subject to modification pursuant to paragraph (g) of this section: * * * * * (i) Any distributing plant, located within the marketing area as described on April 11, 2006 in Sec. 1032.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1032.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1032.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. (2) [Reserved] * * * * * 0 15. Add Sec. 1032.10(f) to read as follows: Sec. 1032.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or 1000.76(a). 0 16. Revise Sec. 1032.13(d)(2) and (3) to read as follows: Sec. 1032.13 Producer milk. * * * * * (d) * * * (2) Of the quantity of producer milk received during the month (including diversions, but excluding the quantity of producer milk received from a handler described in Sec. 1000.9(c)) the handler diverts to nonpool plants not more than 80 percent during the months of August through February, and not more than 85 percent during the months of March through July, provided that not less than 20 percent of such receipts in the months of August through February and 15 percent of the remaining month's receipts are delivered to plants described in Sec. 1032.7(a), (b) or (i); (3) Receipts used in determining qualifying percentages shall be milk transferred to or diverted to or physically received by a plant described in Sec. 1032.7(a), (b) or (i) less any transfer or diversion of bulk fluid milk products from such plants; * * * * * PART 1033--MILK IN THE MIDEAST MARKETING AREA 0 17. Section 1033.7 is amended by revising introductory text and adding paragraph (j) to read as follows: Sec. 1033.7 Pool plant. Pool plant means a plant, unit of plants, or system of plants as specified in paragraphs (a) through (f) of this section, or a plant specified in paragraph (j) of this section, but excluding a plant specified in paragraph (h) of this section. The pooling standards described in paragraphs (c) through (f) of this section are subject to modification pursuant to paragraph (g) of this section: * * * * * (j) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1033.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1033.7(a) or (b); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1033.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. (2) [Reserved] 0 18. Add Sec. 1033.10(f) to read as follows: Sec. 1033.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or [[Page 25501]] transfer of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer- handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA 0 19. In Sec. 1124.7 revise paragraph (d) introductory text and (d)(1) and add paragraph (e) to read as follows: Sec. 1124.7 Pool plant. * * * * * (d) A manufacturing plant located within the marketing area and operated by a cooperative association, or its wholly owned subsidiary, if, during the month, or the immediately preceding 12-month period ending with the current month, 20 percent or more of the producer milk of members of the association (and any producer milk of nonmembers and members of another cooperative association which may be marketed by the cooperative association) is physically received in the form of bulk fluid milk products (excluding concentrated milk transferred to a distributing plant for an agreed-upon use other that Class I) at plants specified in paragraph (a), (b), or (e) of this section either directly from farms or by transfer from supply plants operated by the cooperative association, or its wholly owned subsidiary, and from plants of the cooperative association, or its wholly owned subsidiary, for which pool plant status has been requested under this paragraph subject to the following conditions: (1) The plant does not qualify as a pool plant under paragraph (a), (b), (c), or (e) of this section or under comparable provisions of another Federal order; and * * * * * (e) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1124.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1124.7(a) or (b); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1124.10 with less than three million pounds during the month of route dispositions and/or transfers of packaged fluid milk products to other plants. (2) [Reserved] * * * * * 0 20. Add Sec. 1124.10(f) to read as follows: Sec. 1124.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1126--MILK IN THE SOUTHWEST MARKETING AREA 0 21. Section 1126.7 is amended by revising introductory text and adding paragraph (h) to read as follows: Sec. 1126.7 Pool plant. Pool plant means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (h) of this section, but excluding a plant specified in paragraph (g) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section: * * * * * (h) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1126.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1126.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1126.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants. (2) [Reserved] 0 22. Add Sec. 1126.10(f) to read as follows: Sec. 1126.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund [[Page 25502]] provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 of this chapter or Sec. 1000.76(a). PART 1131--MILK IN THE ARIZONA-LAS VEGAS MARKETING AREA 0 23. Revise Sec. 1131.2 to read as follows: Sec. 1131.2 Arizona-Las Vegas marketing areas. The marketing area means all territory within the bounds of the following states and political subdivisions, including all piers, docks and wharves connected therewith and all craft moored thereat, and all territory occupied by government (municipal, State or Federal) reservations, installations, institutions, or other similar establishments if any part thereof is within any of the listed states or political subdivisions: Arizona All of the State of Arizona. 0 24. In Sec. 1131.7 revise paragraphs (d) introductory text and (d)(1) and add paragraph (h) to read as follows: * * * * * Sec. 1131.7 Pool plant. * * * * * (d) A plant located within the marketing area and operated by a cooperative association if, during the month, or the immediately preceding 12-month period ending with the current month, 35 percent or more of the producer milk of members of the association (and any producer milk of nonmembers and members of another cooperative association which may be marketed by the cooperative association) is physically received in the form of bulk fluid milk products (excluding concentrated milk transferred to a distributing plant for an agreed- upon use other that Class I) at plants specified in paragraph (a), (b), or (h) of this section either directly from farms or by transfer from supply plants operated by the cooperative association and from plants of the cooperative association for which pool plant status has been requested under this paragraph subject to the following conditions: (1) The plant does not qualify as a pool plant under paragraph (a), (b), (c), or (h) of this section or under comparable provisions of another Federal order; and * * * * * (h) Any distributing plant, located within the marketing area as described on April 11, 2006, in Sec. 1131.2; (1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions: (i) The plant is described in Sec. 1131.7(a), (b), or (e); (ii) The plant is subject to the pricing provisions of a State- operated milk pricing plan which provides for the payment of minimum class prices for raw milk; (iii) The plant is described in Sec. 1000.8(a) or (e); or (iv) A producer-handler described in Sec. 1131.10 with less than three million pounds during the month of route dispositions and/or transfers of packaged fluid milk products to other plants. (2) [Reserved]. * * * * * 0 25. Add Sec. 1131.10(f) to read as follows: Sec. 1131.10 Producer-handler. * * * * * (f) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in Sec. 1131.2 shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to Sec. 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in Sec. 1131.2 of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in Sec. 1131.7 or Sec. 1000.76(a). Dated: April 25, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06-4040 Filed 4-27-06; 8:45 am] BILLING CODE 3410-02-P

usgpo

2024-10-08T14:08:33.214049

FR

FR-2006-05-01/06-4064

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25502-25504] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4064] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Corps of Engineers, Department of the Army 33 CFR Part 207 RIN 0710-AA63 Navigation Regulations AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Corps is amending the regulations for lockage operations at Bonneville Lock and Dam and amending the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fishermen and the boat ramp. DATES: The effective date is May 31, 2006. ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-NWD, 441 G Street, NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. Ken Hall, Program Manager, CECW- NWD at (202) 761-4717, or Brian Schmidtke, (503) 808-4333 for Bonneville Lock and Dam or Ms. Ann [[Page 25503]] Glassley at (509) 527-7115 for Little Goose Lock and Dam. SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 4, 7, and 28 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps amends the regulations in 33 CFR Part 207.718. The proposed rule was published in the October 24, 2005, issue of the Federal Register (70 FR 61402), and no comments were received in response to that notice. The Corps amends the regulations at 33 CFR 207.718 (b), (d)(3), (e), (f)(1), (j) and (w)(7). Paragraph (b) changes the description of the limits of the approach channels at Bonneville Lock and Dam. Paragraph (d)(3) deletes the Bonneville Lock and Dam specific exception referring to vessels entering under an amber light. This provides consistent entering and exiting signals for the entire Columbia/Snake lock and dam system. Paragraph (e) had several changes. The amended paragraph deletes the Bonneville specific exception on useable chamber size. The modified paragraph adds text detailing the Bonneville Lock and Dam staff gauges, sill elevations, and how to compute depth over the sill, since Bonneville's staff gauges are different from all other Columbia/Snake lock and dams that directly read depth over the sill. The amended paragraph replaces a sentence referring to vessel draft so it refers to depth over the sill and not staff gauge readings. This change makes the sentence correct for all Columbia/Snake locks including Bonneville. The revised paragraph corrects the minimum depth over the sill at Bonneville Lock and Dam at 19 feet. The amended paragraph deletes three sentences concerning rearrangement of tows specifically at Bonneville Lock and Dam, and it deletes one sentence concerning inundation of the downstream guide wall at Bonneville Lock and Dam. Paragraph (f)(1) corrects grammar by changing the last word from ``sections'' to ``section.'' Paragraph (j) includes grammatical changes and corrects and details the location of the downstream mooring facility at Bonneville Lock and Dam. This new paragraph also deletes reference to vessels being allowed to lay-to against the upstream guide wall at Bonneville Lock and Dam. Paragraph (w)(7) revises the upstream restricted area of Little Goose Lock and Dam to allow less interference between fisherman and the boat ramp on the north river bank as more small craft portaging is expected coinciding with the Lewis and Clark bicentennial. The regulation governing the navigation locks and approach channels, Columbia and Snake Rivers, Washington and Oregon, 33 CFR 207.718 was adopted on January 23, 1978 (43 FR 3115). The last amendment to 33 CFR 207.718 January 26, 2000 (65 FR 4125). This rule is not a major rule for the purposes of Executive Order 12866. As required by the Regulatory Flexibility Act, the Corps of Engineers certifies that this rule would not have a significant impact on small business entities. List of Subjects in 33 CFR Part 207 Navigation (water), Vessels, Water Transportation, Danger Zones. Dated: April 24, 2006. Gerald W. Barnes, Chief, Operations, Directorate of Civil Works. 0 For the reasons stated above, the Corps amends 33 CFR part 207 as follows: PART 207--NAVIGATION REGULATIONS 0 1. The authority citation for part 207 continues to read as follows: Authority: 40 Stat. 266 (33 U.S.C. 1). 0 2. Amend Sec. 207.718 by revising paragraphs (b), (d)(3), (e), (f)(1), (j) and (w)(7) to read as follows. Sec. 207.718 Navigation locks and approach channels, Columbia and Snake Rivers, Oreg. and Wash. * * * * * (b) Lockage control. The Lock Master shall be charged with immediate control and management of the lock, and of the area set aside as the lock area, including the lock approach channels. Upstream and downstream approach channels extend to the end of the wing or the guide wall, whichever is longer. At Bonneville lock the upstream approach channel extends to the mooring tie offs at Fort Rains and the downstream approach channel extends to the downstream tip of Robins Island. The Lock Master shall demand compliance with all laws, rules and regulations for the use of the lock and lock area and is authorized to issue necessary orders and directions, both to employees of the Government or to other persons within the limits of the lock or lock area, whether navigating the lock or not. Use of lock facilities is contingent upon compliance with regulations, Lock Master instructions and the safety of people and property. * * * * * (d) * * * (3) Entering and exit signals. Signal lights are located outside each lock gate. When the green (go) light is on, all vessels will enter in the sequence prescribed by the Lock Master. When the red (stop) light is on, the lock is not ready for entrance and vessels shall stand clear. In addition to the above visual signals, the Lock Master will signal that the lock is ready for entrance by sounding one long blast on the lock air horn. The Lock Master will signal that the lock is ready for exit by lighting the green exit light and sounding one short blast on the air horn. * * * * * (e) Permissible dimensions of vessels. Nominal overall dimensions of vessels allowed in the lock chamber are 84 feet wide and 650 feet long. Depth of water in the lock depends upon river levels which may vary from day to day. Staff gauges showing the minimum water level depth over gate sills are located inside the lock chamber near each lock gate and outside the lock chamber near the end of both upstream and downstream guide walls, except at Bonneville where the staff gauges show water levels in feet above MSL and are located on the southern guide walls at the upstream and downstream miter gates. Bonneville's upstream sill elevation is 51 feet MSL and the downstream sill elevation is -12 feet MSL. Depth over sill at Bonneville is determined by subtracting the sill elevation from the gauge reading. Vessels shall not enter the navigation lock unless the vessel draft is at least one foot less than the water depth over the sill. Information concerning allowable draft for vessel passage through the locks may be obtained from the Lock Master. Minimum lock chamber water level depth is 15 feet except at Ice Harbor where it is 14 feet and at Bonneville where it is 19 feet. When the river flow at Lower Granite exceeds 330,000 cubic feet per second the normal minimum 15-foot depth may be decreased to as little as eight feet. * * * * * (f) * * * (1) When a recreational vessel lockage schedule is in effect, at the appointed time for lockage of recreation craft, recreation craft shall take precedence; however, commercial vessels may be locked through with recreation craft if safety and space permit. At other than the appointed time, the lockage of commercial and tow vessels shall take precedence and recreational craft may (only) lock through with commercial vessels only as provided in paragraph (h) of this section. * * * * * [[Page 25504]] (j) Waiting for lockage. Vessels waiting for lockage shall wait in the clear outside of the lock approach channel, or contingent upon permission by the Lock Master, may at their own risk, lie inside the approach channel at a place specified by the Lock Master. At Bonneville, vessels may at their own risk, lay-to at the downstream moorage facility on the north shore downstream from the north guide wall provided a 100-foot-wide open channel is maintained. * * * * * (w) * * * (7) At Little Goose Lock and Dam. The waters restricted to all vessels, except Government vessels, are described as all waters commencing at the upstream of the navigation lock guidewall and running in a direction of 60[deg]37' true for a distance of 676 yards; thence 345[deg]26' true for a distance of 494 yards; thence 262[deg]37'47'' true to the dam embankment shoreline. The downstream limits commence 512 yards downstream and at right angles to the axis of the dam on the south shore; thence parallel to the axis of the dam to the north shore. Signs designate the restricted areas. * * * * * [FR Doc. 06-4064 Filed 4-28-06; 8:45 am] BILLING CODE 3710-92-P

usgpo

2024-10-08T14:08:33.226632

FR

FR-2006-05-01/06-4079

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25504-25507] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4079] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [FRL-8163-8] Implementation of the Great Lakes Legacy Act of 2002 AGENCY: Environmental Protection Agency (EPA). ACTION: Final Rule; Notice of Implementation Policy. ----------------------------------------------------------------------- SUMMARY: This action is intended to outline EPA's process for identification, evaluation, selection, and implementation of projects for funding under the Great Lakes Legacy Act of 2002 (also referred as GLLA or the Legacy Act). The Legacy Act authorizes the appropriation of $50 million annually for fiscal years 2004-2008 for contaminated sediment remediation projects and provides EPA with a unique approach for addressing contaminated sediment problems in Great Lakes Areas of Concern. The Act also authorizes smaller amounts of funding for other activities; this action pertains only to sediment remediation project selection and implementation. This action provides information to those interested in submitting cost-share, sediment remediation projects to EPA for funding under the Legacy Act. DATES: Effective on May 1, 2006. FOR FURTHER INFORMATION CONTACT: Scott Ireland, Technical Assistance and Analysis Branch, Environmental Protection Agency, Great Lakes National Program Office 77 West Jackson Blvd. G-17J, Chicago, IL 60604- 3590, telephone number (312) 886-8121; fax number (312) 353-2018, http://www.epa.gov/greatlakes. SUPPLEMENTARY INFORMATION: I. General Information Affected Entities: Federal agencies and public and private non- Federal sponsors eligible to have cost-shared projects approved under the Great Lakes Legacy Act of 2002. II. Background Contaminated sediments have been a problem in the Great Lakes for several decades. It has been reported that polluted sediment is the largest major source of contaminants entering the food chain from Great Lakes Rivers and harbors. This includes most of the current 41 Areas of Concern (AOCs) designated by the United States and Canada, the Parties to the Great Lakes Water Quality Agreement. Over the past several years, Great Lakes stakeholders have moved forward in the pursuit of sediment remediation through a variety of mechanisms (enforcement, voluntary partnerships, etc.). From 1997-2004, approximately 3.7 million cubic yards of contaminated sediment were remediated from the U.S. Great Lakes Basin. Roughly 76 million cubic yards of contaminated sediment remain. Congress passed the Great Lakes Legacy Act of 2002 on November 12, 2002 and President George W. Bush signed the Legacy Act into law on November 27, 2002 (Pub. L. 107-303). The Legacy Act authorizes the appropriation of $50 million annually for fiscal years 2004-2008 for contaminated sediment remediation projects and provides EPA with a unique approach for addressing contaminated sediment problems in Great Lakes AOCs. The Act also authorizes smaller amounts of funding for other activities; this action pertains only to sediment remediation project selection and implementation. In order to be an eligible project under the Legacy Act, a project must be carried out in an AOC located wholly or partially in the United States and the project must: 1. Monitor or evaluate contaminated sediment; 2. Implement a plan to remediate contaminated sediment; or 3. Prevent further or renewed contamination of sediment. The Legacy Act program is implemented through Project Agreements, which are binding cost-sharing agreements between the Great Lakes National Program Office (GLNPO) and a cooperating agency or entity. Project selection decisions will be made in consultation with the USEPA Office of Water. Legacy Act authorizing language places only limited restrictions on the types of entities (non-Federal sponsors) that may potentially enter into a Project Agreement with GLNPO. This provides the potential for entering into agreements with public and private entities, including not-for-profit organizations. It is the ultimate goal of GLNPO to work cooperatively with all qualifying potential non-Federal sponsors that have submitted project proposals under the Legacy Act in order to develop projects that are technically sound, beneficial to the environment, supported by the local community, and able to be completed in an expeditious manner. It is important to maintain the necessary flexibility in evaluating project proposals to achieve this goal. In situations where other sources of funding are available (e.g., Water Resources Development Act--WRDA) or other mechanisms to complete the project are available (e.g., Superfund or other enforcement or regulatory programs), GLNPO will work with these existing programs, where appropriate, to add value in a way that maximizes the overall benefit to the environment. In cases where enforcement or regulatory actions are pending, or underway, GLNPO will work and coordinate with the applicable enforcement or regulatory program on a case-by-case basis to determine the proper role, if any, for the Legacy Act to provide a value-added component to the project. In some cases, identifying a role for the Legacy Act may not be possible, if a proposed action is more appropriately accomplished by another program or agency. III. Project Selection The Legacy Act specifically directs the Administrator to give priority to projects that: 1. Constitute remedial action for contaminated sediment; 2. Have been identified in a Remedial Action Plan (RAP) and are ready to be implemented; 3. Use an innovative approach, technology, or technique that may provide greater environmental benefits, [[Page 25505]] or equivalent environmental benefits at a reduced cost; or 4. Include remediation to be commenced not later than 1 year after the date of receipt of funds for the project. EPA will use a scoring system to evaluate how well applications meet program priorities. In addition to the priorities listed above, the Agency will score applicants based on criteria that place greater weight on projects meeting Category 1 requirements (see Section V, Step 2: Project Evaluation Process) in order to allocate limited resources and facilitate coordination with requirements of other Agency programs. A Category 2 application would receive fewer points than a Category 1, and so on for Categories 3 and 4. The Agency will also award additional points to applications that exceed the minimum non-Federal cost-share requirements for their category (see Section IV below) and those that will result in the delisting of an AOC. IV. Cost Share Requirement The Legacy Act requires a minimum of a 35% non-Federal cost share for all projects carried out under the Legacy Act. The Legacy Act also requires a 100% non-Federal share for operation and maintenance of a project. The non-Federal cost share of a project may include the value of in-kind services. Additionally, the Legacy Act provides that the non-Federal cost share ``may include monies paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or judicial consent decree.'' The Legacy Act also states that the non-Federal cost share ``may not include any funds paid pursuant to, or the value of any in-kind service performed under, a unilateral administrative order or court order.'' EPA believes project sponsors have substantial non-Federal cost- share responsibilities and has set the non-Federal cost-share rate minimums accordingly, by project category (see Section V, Step 2: Project Evaluation Process). The underlying principle that guides our decision-making is that GLNPO will require at least a 35% non-Federal cost share in those cases where no responsible parties are clearly identified (the action could not be required of any responsible party). In other cases, where Agency regulatory and/or enforcement programs determine that the non-Federal sponsor may have some clear responsibility, GLNPO will require a substantially higher contribution (minimum of 40-50%). However, for all potential projects, GLNPO will coordinate and work with other applicable programs (Federal, State, tribal, and local), including regulatory programs, to ensure that the GLLA is not providing funding in a situation where other programs are more appropriate. EPA's approach to non-Federal cost share with regard to the Legacy Act projects is as follows. The non-Federal cost share does not include costs incurred prior to initiation of a Legacy Act project. Costs incurred after project initiation but within the context of a consent decree in place at the time of project initiation can be included in the non-Federal cost share. V. Project Identification, Evaluation and Selection GLNPO has a three stage process in place for the identification, evaluation, and selection of projects for Great Lakes Legacy Act funding. This process aims to merge the statutory priorities identified in the Legacy Act along with considerations of fiscal responsibility and technical merit. The process includes: Step 1: Project Identification Step 2: Project Evaluation Step 3: Project Selection and Funding Step 1: Project Identification: Projects are identified through the release of a Request for Projects (RFP). The first RFP was released in January 2004 to solicit projects to be considered for funding under the Legacy Act. This RFP closed on March 31, 2004 (http://www.epa.gov/glla/rule/rfp.html). GLNPO will issue a new RFP incorporating this action within 90 days following publication of this action in the Federal Register (this new RFP will then replace the initial RFP at the web address above). However, GLNPO remains open to the receipt of additional proposals at any time. The potential non-Federal project sponsors are responsible for submitting a project proposal using the guidelines provided in the RFP. Step 2: Project Evaluation Process: Upon receipt of a project proposal, the proposal undergoes a two- stage evaluation process consisting of a Stage 1: ``Minimum Requirements Check'' (Stage 1 Minimum Requirements Check http://www.epa.gov/glla/rule/min_req.html) and a Stage 2: ``Strength of Proposal'' (Stage 2 Strength of Proposal http://www.epa.gov/glla/rule/str_pro.html). In Stage 1, projects are evaluated against several minimum requirements that reflect statutory requirements of the GLLA, including: 1. Project scope as identified under the Legacy Act (e.g., monitors or evaluates contaminated sediments, remediates contaminated sediments, or prevents further contamination of contaminated sediments), 2. Location of the project within a U.S. AOC, 3. Identification of a cumulative 35% minimum cost share from (a) non-Federal project sponsor(s), and 4. Completion or commencement of a site assessment and an evaluation of remedial alternatives (applies only to remediation projects). All projects that successfully meet the statutory requirements of the Legacy Act pass the Stage 1 review and are then subject to a more complete Stage 2 evaluation process. The Stage 2 review process is a thorough technical evaluation process that includes representatives from U.S. EPA enforcement and regulatory programs, the U.S. Army Corps of Engineers, the National Oceanic and Atmospheric Administration, and the U.S. Fish and Wildlife Service. These representatives form the Technical Review Committee (TRC) for each project. This multi- disciplinary, multi-agency review team provides for broad technical and enforcement/regulatory input into the review process. The TRC evaluates each project for: 1. ``Strength of Proposal'' (see http://www.epa.gov/glla/rule/str_pro.html), and 2. Overlap with on-going enforcement or regulatory actions or other Federal activities (Water Resources Development Act (WRDA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), etc.), and State, local or tribal efforts. All sediment remediation proposals are first subjected to a comprehensive written review by the TRC. GLNPO consolidates comments from the TRC and provides them to the applicant. The applicants are then required to provide a formal, oral presentation and a revised written proposal that addresses each of the TRC's comments. The major functions of the TRC are first, to identify any technical deficiencies in the proposed project, and then to highlight any potential issues regarding ongoing or planned enforcement or regulatory activities at the site. The technical deficiencies identified by the TRC can range from relatively minor comments regarding the need for small modifications to the project design or changes to the long-term sampling plan, to more major issues regarding the need for additional sediment characterization at the site or the viability of the proposed remedial strategy, that could potentially require [[Page 25506]] re-design of the remediation. Non-Federal sponsors for the projects are given an opportunity to respond to any deficiencies noted by the TRC during the Stage 2 review process. Based on the extent of the deficiencies identified and the speed of the applicant in addressing the deficiencies, the Stage 2 process could last from several weeks to several years. To aid in the Stage 2 evaluation process, projects are assigned to one or up to four categories, with input from applicable regulatory and enforcement programs, including coordination with the Office of Enforcement and Compliance Assurance (OECA) staff to determine if enforcement or regulatory actions are pending or underway at each proposed project site. In those cases where a project includes more than one category, GLNPO will determine the appropriate category and the applicable cost share for each component of the project, and pro- rate the overall cost share requirement proportional to the project costs from each category. For all project categories, GLNPO will seek to evaluate the extent to which proposed projects address the restoration of beneficial uses, per the Great Lakes Water Quality Agreement. Category 1: Formal enforcement/regulatory evaluation completed, no action is anticipated by any governmental body against any entity. No restrictions on GLLA implementation. GLNPO will require a non-Federal cost share minimum of 35 percent. Category 2: No enforcement, regulatory or CERCLA response actions are pending. GLNPO will coordinate with enforcement/regulatory programs to verify that no actions are pending or planned for the site. In cases where the non-Federal sponsor is a nonliable public entity, the non- Federal cost would typically be 35%. Additionally, it is possible that through consultation with Superfund, projects may be identified that although Superfund has the potential to conduct the project, it is more appropriate to use the Legacy Act. For projects in this situation, GLNPO will require a non-Federal cost share of greater than 35%. Category 3: A decision document under Superfund, or a settlement agreement under another applicable state or Federal authority, has been signed. GLNPO will not provide any funding for implementation of the decision document or settlement agreement. Instead, GLNPO may use GLLA funding for the portions of these sites not addressed by the Superfund decision document or settlement agreement where enforcement or regulatory actions are not anticipated. GLLA may be used to provide betterments or enhancements to the required elements of the decision document to address the U.S. Government's commitment under the Great Lakes Water Quality Agreement. For Category 3 projects, the non-Federal sponsor at these sites will be required to contribute at least 40%. Category 4: Enforcement, regulatory or CERCLA response actions pending but no settlement has been reached. If Legacy Act funds are used for a project where enforcement, regulatory or CERCLA response actions are pending but no settlement has been reached, GLNPO will work and coordinate with the applicable enforcement or regulatory program to determine the appropriate project delineation and cost distribution between the Legacy Act and the other program. The appropriate GLLA share for conducting a project that meets the combined objectives of the enforcement program and the Great Lakes Water Quality Agreement will be determined through discussions with the applicable enforcement authority. The non-Federal sponsor at these sites will be required to contribute at least 50%. GLNPO utilizes TRC input to work with the applicant to modify proposed projects and ensure that the proposed project meets the technical requirements for implementation. Once this step is complete, GLNPO compiles information from the Stage 2 review for presentation to the Great Lakes National Program Manager in the project selection and funding process. As part of this compilation process, GLNPO completes a Great Lakes Legacy Act Scoring Sheet (Attachment A; http://www.epa.gov/glla/rule/scor_sheet.html) for each project. The scoring sheet represents a summary of: 1. ``Strength of Proposal'' (see http://www.epa.gov/glla/rule/str_pro.html); 2. Success in addressing statutory priorities of the Legacy Act (i.e., identified in a RAP and ready to be implemented, includes sediment remediation to be commenced within one year, and use of an innovative approach, technology, or technique); 3. Other relevant policy factors (e.g., including presence of Potentially Responsible Party (PRP), project category, eligibility for other cleanup programs, the ability to delist an AOC at the end of the project, and the non-Federal contribution). The Step 2 evaluation process assigns a score based on relevant factors that allows the decision-maker to identify projects that are technically sound and represent the best use of program resources. Step 3: Project Selection and Funding: In Step 3, every six (6) months, or at other appropriate intervals, but never less frequently than once each year, GLNPO prepares a project ranking based on scores computed on a Great Lakes Legacy Act Scoring Sheet (Attachment A) for all pending projects. GLNPO then provides this ranking, along with a Proposal Scoring and Summary Information sheet (http://www.epa.gov/glla/rule/scor_summ_sheet.html) and a ``Minimum Requirements Check'' (http://www.epa.gov/glla/rule/min_req.html), a ``Strength of Proposal'' (http://www.epa.gov/glla/rule/str_pro.html), and a Great Lakes Legacy Act Scoring Sheet to the Great Lakes National Program Manager who, in consultation with the USEPA Office of Water, and taking into account available GLLA funding, selects projects for which formal Project Agreement (PA) negotiations will be initiated. Given the complications that can occur when planning and implementing a sediment remediation project, GLNPO continually evaluates each proposed project. A project's ranking may evolve or change through several ranking cycles as an applicant addresses EPA concerns with its application or other project circumstances change. Once a project has been selected for potential funding, GLNPO and the Office of Regional Counsel (ORC) begin Project Agreement discussions with the non-Federal sponsor of the project. The PA is a legal agreement between GLNPO and the non-Federal sponsor that memorializes each entity's legal and financial responsibilities and requirements. GLNPO, ORC and Headquarters staff, as required, will coordinate closely during PA development to ensure that legal, financial, and technical requirements are clearly identified. If complications arise during the PA discussions that result in delays in signing the agreement, the project may be reevaluated to determine the potential impact of the delays on project schedule; and therefore, these complications may also impact project priority. The signing of a PA represents an Agency decision to fund a Legacy Act project. It is important to note that no official funding decision is made prior to PA signing, and, therefore, Legacy Act funds remain available for all potential projects until a PA is signed. Projects will be periodically evaluated and compared until a PA is signed. Once a PA is signed, the implementation phase of the project can begin, including, but not limited to, [[Page 25507]] issuing a work order with an EPA contractor or entering into an Interagency Agreement with the Corps of Engineers. It is GLNPO's goal to work with the non-Federal sponsors, other Federal agencies, other EPA program offices, state and local governments, and the public to implement the Legacy Act in order to clean up contaminated sediment sites throughout the Great Lakes, and ultimately begin delisting AOCs, under provisions of the Great Lakes Water Quality Agreement. Project management and oversight will be performed by GLNPO, in consultation with the USEPA Office of Water. Each project will have a GLNPO project manager who will convene a project management team consisting of representatives from the non-Federal sponsor, the EPA contractor, and appropriate project personnel and other involved stakeholders. The project agreement will not relieve any third party from any liability that may arise under CERCLA, RCRA, TSCA, or other Federal environmental statutes. VI. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to OMB review. Because this action is not subject to notice and comment requirements pursuant to 5 U.S.C. 553(a)(2) and 553(b)(A), it is not subject to the Regulatory Flexibility Act (5 U.S.C. section 601 et seq.) or sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments. This action does not have Tribal implications, as specified in Executive Order 13175 (63 FR 67249, November 9, 2000). This action will not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is not subject to Executive Order 13211, ``Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before certain actions may take affect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. Since this final action contains legally binding requirements, it is subject to the Congressional Review Act, and EPA will submit this action in its report to Congress under the Act. Attachment A--Great Lakes Legacy Act Scoring Sheet Project : Project Title: Score the project for each evaluation criterion listed below, with higher scores representing a more favorable rating. Provide narrative rationale (4-5 sentences) for total score in the space provided. 1. Measurable environmental results/risk reduction is expected upon project completion, potential for delisting Areas of Concern, soundness of approach, reasonableness of costs, and probability of success. (0 = Low, 35 = High) Score ---------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- 2. Project identified in Remedial Action Plan (RAP). (0 = Low, 5 = High) Score ---------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- 3. Project will use an innovative approach, technology, or technique that may provide equivalent environmental benefits at a reduced cost or greater environmental benefit. (0 = Low, 5 = High) Score ---------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- 4. Probability (based on best professional judgment) that remediation will occur not later than 1 year after the date of the receipt of funds for the project. (0 = Low, 5 = High) Score ---------- ------ ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- 5. The non-Federal sponsor will exceed the minimum non-Federal cost-share requirements for its respective project category (exceeds category target by 10% = 4 points, 20% = 8 points, 30% = 12 points, and greater than 40% = 15 points; EPA will interpolate between these values if percentages differ from the above numbers). Score ---------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- 6. Project category (Category 1 = 35 points, Category 2 = 25 points, Category 3 = 15 points, and Category 4 = 5 points). Points will be apportioned for multiple-category projects. Score ---------------- TOTAL SCORE ---------------- Provide Narrative Discussion ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- ----------------------------------------------------------------------- Dated: April 25, 2006. Stephen L. Johnson, Administrator. [FR Doc. 06-4079 Filed 4-28-06; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T14:08:33.271250

FR

FR-2006-05-01/06-4068

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25507-25508] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4068] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 [FAC 2005-09; Corrections; Docket FAR-2006--0020] Federal Acquisition Regulation; Corrections AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Corrections. ----------------------------------------------------------------------- SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are issuing corrections to FAR Case 2004-031, Fast Payment Procedures (Item IX), which was published in the Federal Register at 71 FR 20308 and 20309, April 19, 2006. DATES: Effective Date: May 19, 2006. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501-4755, for information pertaining to [[Page 25508]] status or publication schedules. Please cite FAC 2005-09; Corrections. Corrections In the final rule document appearing in the issue of April 19, 2006: 1. On page 20308, third column, first paragraph under ``Background,'' revise the second sentence to read ``No comments were submitted and the rule is being converted to a final rule without change from the proposed rule.'' 52.213-1 [Corrected] 0 2a. On page 20309, first column, at 52.213-1 revise the date of the clause to read ``(MAY 2006)''; 0 2b. In the second column, in paragraph (e) revise the paragraph heading to read ``FAST PAY container identification.'' Dated: April 25, 2006. Laurieann Duarte, Supervisor, Regulatory Secretariat. [FR Doc. 06-4068 Filed 4-28-06; 8:45 am] BILLING CODE 6820-EP-S

usgpo

2024-10-08T14:08:33.297967

FR

FR-2006-05-01/06-4082

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Page 25508] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4082] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045-6045-01; I.D. 042606A] Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. ----------------------------------------------------------------------- SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2006 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI under Sec. 679.20(d)(1)(iii) on April 7, 2006 (71 FR 18684, April 12, 2006). NMFS has determined that as of May 1, 2006, approximately 254 metric tons of Pacific cod remain in the 2006 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook- and-line gear in the BSAI. Therefore, in accordance with Sec. Sec. 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully use the 2006 TAC of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and- line gear in the BSAI. The opening is effective 1200 hrs, A.l.t., May 1, 2006, through 2400 hrs, A.l.t., December 31, 2006. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 14, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by Sec. 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2006. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-4082 Filed 4-26-06; 3:44 pm] BILLING CODE 3510-22-S

usgpo

2024-10-08T14:08:33.328674

FR

FR-2006-05-01/06-4083

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Rules and Regulations] [Pages 25508-25509] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4083] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045-6045-01; I.D. 042606B] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2006 B season total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective May 1, 2006, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP [[Page 25509]] appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 B season allowance of the Pacific cod TAC specified for vessels using jig gear in the BSAI is 696 metric tons (mt) as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and the adjustment of the Pacific cod TACs in the BSAI on March 14, 2006 (71 FR 13777, March 17, 2006), for the period 1200 hrs, A.l.t., April 30, 2006, through 1200 hrs, A.l.t., August 31, 2006. See Sec. 679.20(c)(3)(iii), Sec. 679.20(c)(5), and Sec. 679.20(a)(7)(i)(A). The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 400 mt of the B season apportionment of Pacific cod allocated to those vessels under Sec. 679.20(a)(7)(i)(A) and Sec. 679.20(a)(7)(iii)(A)(3). Therefore, in accordance with Sec. 679.20(a)(7)(ii)(C)(1), NMFS apportions 400 mt of Pacific cod from the B season jig gear apportionment to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) are revised as follows: 296 mt to the B season apportionment for vessels using jig gear and 2,936 mt to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified for jig vessels to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook- and-line gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 14, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by Sec. 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2006. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-4083 Filed 4-26-06; 3:44 pm] BILLING CODE 3510-22-S

usgpo

2024-10-08T14:08:33.342836

FR

FR-2006-05-01/E6-6497

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25510-25512] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6497] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules [[Page 25510]] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24585; Directorate Identifier 2004-NM-275-AD] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9- 15, and -15F Airplanes; Model DC-9-21 Airplanes; Model DC-9-30 Series Airplanes; Model DC-9-41 Airplanes; and Model DC-9-51 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain McDonnell Douglas Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. The existing AD currently requires a one-time inspection at a certain disconnect panel in the left forward cargo compartment to find contamination of electrical connectors and to determine if a dripshield is installed over the disconnect panel, and corrective actions if necessary. This proposed AD would revise the applicability of the existing AD to remove certain airplanes and add others. This proposed AD results from a report of electrical arcing that resulted in a fire. We are proposing this AD to prevent contamination of certain electrical connectors, which could cause electrical arcing and consequent fire on the airplane. DATES: We must receive comments on this proposed AD by June 15, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC 20590. Fax: (202) 493-2251. Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Elvin K. Wheeler, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5344; fax (562) 627-5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number ``Docket No. FAA-2006-24585; Directorate Identifier 2004-NM-275-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or may can visit http://dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion On January 22, 2003, we issued AD 2003-03-08, amendment 39-13032 (68 FR 4900, January 31, 2003), for certain McDonnell Douglas Model DC- 9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. That AD requires a one-time inspection at a certain disconnect panel in the left forward cargo compartment to find contamination of electrical connectors and to determine if a dripshield is installed over the disconnect panel, and corrective actions if necessary. That AD resulted from a report of electrical arcing that resulted in a fire. We issued that AD to prevent contamination of certain electrical connectors, which could cause electrical arcing that could result in a fire on the airplane. Actions Since Existing AD Was Issued Since we issued AD, we have reviewed Revision 2 of Boeing Alert Service Bulletin DC9-24A190, dated October 12, 2004 (Revision 1 of the service bulletin was referred to in AD 2003-03-08 as the appropriate source of service information for the required actions). The one-time general visual inspection and corrective actions specified in Revision 2 are identical to those in Revision 1. The effectivity of Revision 2 has been changed to include 369 additional airplanes (254 U.S.- registered airplanes) that were inadvertently omitted from Revision 1 and to remove 25 airplanes (19 U.S.-registered airplanes) that have been removed from service due to an accident, dismantling, or scrapping. Accomplishing the actions specified in the service information is intended to [[Page 25511]] adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to develop on other airplanes of the same type design. For this reason, we are proposing this AD, which would supersede AD 2003-03-08 and would retain the requirements of the existing AD. This proposed AD would also revise the applicability of the existing AD to remove certain airplanes and add others. For the added airplanes, this proposed AD would require accomplishing the actions specified in Boeing Alert Service Bulletin DC9-24A190, Revision 2, dated October 12, 2004, described previously. Differences Between the Proposed AD and Service Bulletin McDonnell Douglas Model DC-9-15F airplanes are not specifically identified by model name in paragraph 1.A., ``Effectivity,'' of Boeing Alert Service Bulletin DC9-24A190, Revision 2. However, those airplanes are identified by manufacturer's fuselage numbers in the effectivity listing. Therefore, we have listed those airplanes in the applicability of this proposed AD. In addition, paragraph 1.A., ``Effectivity,'' of Boeing Alert Service Bulletin DC9-24A190, Revision 2, specifies Model ``DC-9-33'' airplanes. There is no such model on the FAA Type Certificate Data Sheet No. A6WE, dated November 1, 2001. Therefore, the applicability of this proposed AD does not refer to that model designation. We have coordinated the differences above with the airplane manufacturer. Changes to Existing AD This proposed AD would retain all requirements of AD 2003-03-08. Since AD 2003-03-08 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: Revised Paragraph Identifiers ------------------------------------------------------------------------ Corresponding requirement in Requirement in AD 2003-03-08 this proposed AD ------------------------------------------------------------------------ Paragraph (a)........................... Paragraph (f). Paragraph (b)........................... Paragraph (g). ------------------------------------------------------------------------ After AD 2003-03-08 was issued, we reviewed the figures we have used over the past several years to calculate AD costs to operators. To account for various inflationary costs in the airline industry, we find it necessary to increase the labor rate used in these calculations from $65 per work hour to $80 per work hour. Also, the number of affected U.S.-registered airplanes that need to comply with the inspection required by AD 2003-03-08 was increased from 51 airplanes to 170 airplanes. The cost impact information, below, reflects this increase in the specified hourly labor rate. Costs of Compliance There are about 649 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Estimated Costs ---------------------------------------------------------------------------------------------------------------- Number of U.S.- Action Work hours Average labor Cost per registered Fleet cost rate per hour airplane airplanes ---------------------------------------------------------------------------------------------------------------- Inspection (required by AD 2003- 1 $80 $80 170 $13,600 03-08)......................... Inspection (new proposed action) 1 80 80 254 20,320 ---------------------------------------------------------------------------------------------------------------- Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 39-13032 (68 FR 4900, January 31, 2003) and adding [[Page 25512]] the following new airworthiness directive (AD): McDonnell Douglas: Docket No. FAA-2006-24585; Directorate Identifier 2004-NM-275-AD. Comments Due Date (a) The FAA must receive comments on this AD action by June 15, 2006. Affected ADs (b) This AD supersedes AD 2003-03-08. Applicability (c) This AD applies to the McDonnell Douglas airplanes identified in Table 1 of this AD, certificated in any category, as identified in Boeing Alert Service Bulletin DC9-24A190, Revision 2, dated October 12, 2004. Table 1.--Affected Airplanes ------------------------------------------------------------------------ Model ------------------------------------------------------------------------- (1) DC-9-14, DC-9-15, and -15F airplanes. (2) DC-9-21 airplanes. (3) DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, and DC-9-34F airplanes. (4) DC-9-41 airplanes. (5) DC-9-51 airplanes. ------------------------------------------------------------------------ Unsafe Condition (d) This AD results from a report of electrical arcing that resulted in a fire. We are issuing this AD to prevent contamination of certain electrical connectors, which could cause electrical arcing and consequent fire on the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2003-03-08 One-Time Inspection and Corrective Actions (f) For airplanes equipped with forward lavatories, as listed Boeing Alert Service Bulletin DC9-24A190, Revision 01, dated November 21, 2001: Within 18 months after March 7, 2003 (the effective date AD 2003-03-08), perform a one-time general visual inspection of the disconnect panel at station Y=237.000 in the left forward cargo compartment to find evidence of contamination (e.g., staining or corrosion) of electrical connectors by blue water, and to determine if a dripshield is installed over the disconnect panel. Do this inspection according to the Accomplishment Instructions of Boeing Alert Service Bulletin DC9-24A190, Revision 01, excluding Evaluation Form, dated November 21, 2001. (1) If no evidence of contamination of electrical connectors is found, and a dripshield is installed, no further action is required by this AD. (2) If any evidence of contamination of any electrical connector is found: Before further flight, remove each affected connector, and install a new or serviceable connector according to the service bulletin. (3) If no dripshield is installed over the disconnect panel: Before further flight, install a dripshield according to the service bulletin. Previously Accomplished Inspections and Corrective Actions (g) Inspections and corrective actions accomplished before March 7, 2003, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC9-24A190, dated July 31, 2001, are considered acceptable for compliance with the corresponding action specified in paragraph (f) of this AD. New Requirements of this AD One-Time Inspection and Corrective Actions (h) For airplanes other than those identified in paragraph (f) of this AD: Within 18 months after the effective date of this AD, do the one-time general visual inspection and applicable corrective actions specified in paragraph (f) of this AD, in accordance with Boeing Alert Service Bulletin DC9-24A190, Revision 2, dated October 12, 2004. The applicable corrective actions must be done before further flight. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with Sec. 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Issued in Renton, Washington, on April 20, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-6497 Filed 4-28-06; 8:45 am] BILLING CODE 4910-13-P

usgpo

2024-10-08T14:08:33.364679

FR

FR-2006-05-01/E6-6507

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25512-25516] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6507] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Part 310 RIN 3084-0098 Telemarketing Sales Rule Fees AGENCY: Federal Trade Commission. ACTION: Notice of proposed rulemaking; request for public comment. ----------------------------------------------------------------------- SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'') is issuing a Notice of Proposed Rulemaking (``NPRM'') to amend the Telemarketing Sales Rule (``TSR'') to revise the fees charged to entities accessing the National Do Not Call Registry, and invites written comments on the issues raised by the proposed changes. DATES: Written comments must be received on or before June 1, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ``TSR Fee Rule, Project No. P034305,'' to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex D), 600 Pennsylvania Avenue, NW., Washington, DC 20580. The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Moreover, because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed below. Comments containing confidential material, however, must be filed in paper form, must be clearly labeled ``Confidential,'' and must comply with Commission Rule 4.9(c).\1\ --------------------------------------------------------------------------- \1\ The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). --------------------------------------------------------------------------- Comments filed in electronic form should be submitted by clicking on the following weblink: https://secure.commentworks.com/ftc-dncfees2006 and following the instructions on the web-based form. To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the https://secure.commentworks.com/ftc-dncfees2006 weblink. If this notice appears at http://www.regulations.gov, you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC Web site at http://www.ftc.gov/opa/2006/04/dncfees2006.htm to read the Notice of Proposed Rulemaking and the news release describing this proposed Rule. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC [[Page 25513]] Web site, to the extent practicable, at http://www.ftc.gov/os/publiccomments.htm. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: John A. Krebs, (202) 326-3747, Division of Planning & Information, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background On December 18, 2002, the Commission issued final amendments to the Telemarketing Sales Rule, which, inter alia, established the National Do Not Call Registry, permitting consumers to register, via either a toll-free telephone number or the Internet, their preference not to receive certain telemarketing calls (``Amended TSR'').\2\ Under the Amended TSR, most telemarketers are required to refrain from calling consumers who have placed their numbers on the registry.\3\ Telemarketers must periodically access the registry to remove from their telemarketing lists the telephone numbers of those consumers who have registered.\4\ --------------------------------------------------------------------------- \2\ 68 FR 4580 (Jan. 29, 2003). \3\ 16 CFR 310.4(b)(1)(iii)(B). \4\ 16 CFR 310.4(b)(3)(iv). The Commission recently amended the TSR to requires telemarketers to access the National Registry at least once every 31 days, effective January 1, 2005. See 69 FR 16368 (Mar. 29, 2004). --------------------------------------------------------------------------- Shortly after issuance of the Amended TSR, Congress passed The Do- Not-Call Implementation Act (``the Implementation Act'').\5\ The Implementation Act gave the Commission the specific authority to ``promulgate regulations establishing fees sufficient to implement and enforce the provisions relating to the `do-not-call' registry of the [TSR] * * * No amounts shall be collected as fees pursuant to this section for such fiscal years except to the extent provided in advance in appropriations Acts. Such amounts shall be available * * * to offset the costs of activities and services related to the implementation and enforcement of the [TSR], and other activities resulting from such implementation and enforcement.'' \6\ --------------------------------------------------------------------------- \5\ Pub. L. 108-10, 117 Stat. 557 (2003). \6\ Id. --------------------------------------------------------------------------- On July 29, 2003, pursuant to the Implementation Act and the Consolidated Appropriations Resolution, 2003,\7\ the Commission issued a Final Rule further amending the TSR to impose fees on entities accessing the National Do Not Call Registry (``the Original Fee Rule'').\8\ Those fees were based on the FTC's best estimate of the number of entities that would be required to pay for access to the National Registry, and the need to raise $18.1 million in Fiscal Year 2003 to cover the costs associated with the implementation and enforcement of the ``do-not-call'' provisions of the Amended TSR. The Commission determined that the fee structure would be based on the number of different area codes of data that an entity wished to access annually. The Original Fee Rule established an annual fee of $25 for each area code of data requested from the National Registry, with the first five area codes of data provided at no cost.\9\ The maximum annual fee was capped at $7,375 for entities accessing 300 area codes of data or more.\10\ On July 30, 2004, pursuant to the Implementation Act and the Consolidated Appropriations Act, 2004,\11\ the Commission issued a revised Final Rule further amending the TSR and increasing fees on entities accessing the National Do Not Call Registry (``the 2004 Fee Rule'').\12\ Those fees were based on the FTC's experience through June 1, 2004, its best estimate of the number of entities that would be required to pay for access to the National Registry, and the need to raise $18 million in Fiscal Year 2004 to cover the costs associated with the implementation and enforcement of the ``do-not- call'' provisions of the Amended TSR. The Commission determined that the fee structure would continue to be based on the number of different area codes of data that an entity wished to access annually. The 2004 Fee Rule established an annual fee of $40 for each area code of data requested from the National Registry, with the first five area codes of data provided at no cost.\13\ The maximum annual fee was capped at $11,000 for entities accessing 280 area codes of data or more.\14\ --------------------------------------------------------------------------- \7\ Pub. L. 108-7, 117 Stat. 11 (2003). \8\ 68 FR 45134 (July 31, 2003). \9\ Once an entity requested access to area codes of data in the National Registry, it could access those area codes as often as it deemed appropriate for one year (defined as its ``annual period''). If, during the course of its annual period, an entity needed to access data from more area codes than those initially selected, it would be required to pay for access to those additional area codes. For purposes of these additional payments, the annual period was divided into two semi-annual periods of six-months each. Obtaining additional data from the registry during the first semi-annual, six month period required a payment of $25 for each new area code. During the second semi-annual, six-month period, the charge for obtaining data from each new area code requested during that six- month period was $15. These payments would provide the entity access to those additional area codes of data for the remainder of its annual period. \10\ 68 FR at 45141. \11\ Pub. L. 108-199, 118 Stat. 3 (2004). \12\ 69 FR 45580 (July 30, 2004). \13\ Id. at 45584. The 2004 Fee Rule had the same fee structure as the Original Fee Rule. However, fees were increased from $25 to $40 per area code for the annual period and from $15 to $20 per area code for the second six-month period. \14\ Id. --------------------------------------------------------------------------- On July 27, 2005, pursuant to the Implementation Act and the Consolidated Appropriations Act, 2005,\15\ the Commission issued a revised Final Rule further amending the TSR and increasing fees on entities accessing the National Do Not Call Registry (``the 2005 Fee Rule'').\16\ These fees were based on the FTC's experience through June 1, 2005, its best estimate of the number of entities that would be required to pay for access to the National Registry, and the need to raise $21.9 million in Fiscal Year 2005 to cover the costs associated with the implementation and enforcement of the ``do-not-call'' provisions of the Amended TSR. The Commission again determined that the fee structure would be based on the number of different area codes of data that an entity wished to access annually. The 2005 Fee Rule established an annual fee of $56 for each area code of data requested from the National Registry, with the first five area codes of data provided at no cost.\17\ The maximum annual fee was capped at $15,400 for entities accessing 280 area codes of data or more.\18\ --------------------------------------------------------------------------- \15\ Pub. L. 108-447, 118 Stat. 2809 (2004). \16\ 70 FR 43273 (July 27, 2005). \17\ Id. at 43275. The 2005 Fee Rule had the same fee structure as the 2004 Fee Rule, except that the fees were increased from $40 to $56 per area code for the annual period and from $20 to $28 per area code for the second six-month period. \18\ Id. --------------------------------------------------------------------------- In the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (``the 2006 Appropriations Act''),\19\ Congress directed the FTC to collect offsetting fees in the amount of $23 million in Fiscal Year 2006 to implement and enforce the TSR.\20\ Pursuant to the 2006 Appropriations Act and the Implementation Act, as well as the Telemarketing Fraud and Abuse Prevention Act (``the Telemarketing Act''),\21\ the FTC is issuing this NPRM to amend the fees charged to entities [[Page 25514]] accessing the National Do Not Call Registry. --------------------------------------------------------------------------- \19\ Pub. L. 109-108, 119 Stat. 2290 (2005). \20\ Id. at 2330. \21\ 15 U.S.C. 6101-08. --------------------------------------------------------------------------- II. Calculation of Proposed Revised Fees In the Original Fee Rule, the Commission estimated that 10,000 entities would be required to pay for access to the National Do Not Call Registry. The Commission based its estimate on the ``best information available to the agency'' at that time.\22\ It noted that this estimate was based on ``a number of significant assumptions,'' about which the Commission had sought additional information during the comment period. The Commission noted, however, that it received virtually no comments providing information supporting or challenging these assumptions.\23\ As a result, the Commission anticipated ``that these fees may need to be reexamined periodically and adjusted, in future rulemaking proceedings, to reflect actual experience with operating the registry.'' \24\ --------------------------------------------------------------------------- \22\ 68 FR at 45140. \23\ Id. \24\ Id. at 45142. --------------------------------------------------------------------------- In the 2004 Fee Rule, the Commission reported that ``[a]s of June 1, 2004, more than 65,000 entities had accessed the national registry. More than 57,000 of those entities had accessed five or fewer area codes of data at no charge, and 1,100 `exempt' entities also accessed the registry at no charge. Thus, more than 7,100 entities have paid for access to the registry, with over 1,200 entities paying for access to the entire registry.'' 25 The Commission based its calculation of revised fees on this experience, with the expectation that the number of entities accessing the registry in Fiscal Year 2004 would be substantially the same as in Fiscal Year 2003. As in the Original Fee Rule, the Commission based its estimate on the best information available at the time, with the continuing intent to periodically reexamine and adjust the fees to reflect actual experience with operating the registry. --------------------------------------------------------------------------- \25\ 69 FR at 45584. --------------------------------------------------------------------------- In the 2005 Fee Rule, the Commission reported that from March 1, 2004 through February 28, 2005,26 ``more than 60,800 entities have accessed all or part of the information in the registry. Approximately 1,300 of these entities are `exempt' and therefore have accessed the registry at no charge. An additional 52,700 entities have accessed five or fewer area codes of data, also at no charge. As a result, approximately 6,700 entities have paid for access to the registry, with slightly less than 1,100 entities paying for access to the entire registry.'' 27 --------------------------------------------------------------------------- \26\ The Commission noted that ``[a]s of June 1, 2005, there [had] been no significant or material changes in the number of entities that have accessed the registry since the Commission issued 2005 Fee Rule NPR.'' 70 FR at 43279. \27\ 79 FR at 43279 n. 81. --------------------------------------------------------------------------- From March 1, 2005 to February 28, 2006, slightly less than 66,200 entities have accessed all or part of the information in the registry. Approximately 1,300 of these entities are ``exempt'' and therefore have accessed the registry at no charge.28 An additional 58,300 entities have accessed five or fewer area codes of data, also at no charge. As a result, approximately 6,500 entities have paid for access to the registry, with slightly less than 1,000 entities paying for access to the entire registry. --------------------------------------------------------------------------- \28\ The 2005 Fee Rule, the 2004 Fee Rule, and the Original Fee Rule stated that ``there shall be no charge to any person engaging in or causing others to engage in outbound telephone calls to consumers and who is accessing the National Do Not Call Registry without being required to under this Rule, 47 CFR 64.1200, or any other federal law.'' 16 CFR 310.8(c). Such ``exempt'' organizations include entities that engage in outbound telephone calls to consumers to induce charitable contributions, for political fund raising, or to conduct surveys. They also include entities engaged solely in calls to persons with whom they have an established business relationship or from whom they have obtained express written agreement to call, pursuant to 16 CFR 310.4(b)(1)(iii)(B)(i) or (ii), and who do not access the National Registry for any other purpose. See 70 FR at 43275; 69 FR at 45585-6; and 68 FR at 45144. --------------------------------------------------------------------------- As previously stated, the 2006 Appropriations Act directs the Commission to collect offsetting fees in Fiscal Year 2006 to implement and enforce the Amended TSR.29 The Commission is proposing a revised Fee Rule to raise $23 million of fees to offset costs it expects to incur in this Fiscal Year for the following purposes related to implementing and enforcing the Amended TSR. First, funds are required to operate the National Registry. This includes items such as handling consumer registration and complaints, telemarketer access to the registry, state access to the registry, and the management and operation of law enforcement access to appropriate information.30 Second, funds are required for law enforcement efforts, including identifying targets, coordinating domestic and international initiatives, challenging alleged violators, and consumer and business education efforts, which are critical to securing compliance with the Amended TSR. These law enforcement efforts are a significant component of the total costs, given the large number of ongoing investigations currently being conducted by the agency, and the substantial effort necessary to complete such investigations. Third, funds are required to cover ongoing agency infrastructure and administration costs associated with the operation and enforcement of the registry, including information technology structural supports and distributed mission overhead support costs for staff and non-personnel expenses such as office space, utilities, and supplies. --------------------------------------------------------------------------- \29\ 2004 $23.1 See 119 Stat. at 2330. This $23.1 million includes collections of $5.1 million from the Fiscal Year 2003 Original Fee Rule that were actually collected in Fiscal Year 2004 and $18 million to be raised from this year's Amended Fee Rule. \30\ From March 2005 to February 2006, approximately 51 million phone numbers were added to the National Registry, with a total since inception of approximately 121 million registrations. Since inception, the registry has also handled many requests from organizations wishing to access the registry (e.g. telemarketers, states, and law enforcers), including hundreds of thousands of subscription requests, and millions of area code access requests (including downloads and interactive search requests). --------------------------------------------------------------------------- The Commission proposes to revise the fees charged for access to the National Registry based on the assumption that approximately the same number of entities will access similar amounts of data from the National Registry during their next annual period.31 Based on that assumption, and the continued allowance for free access to ``exempt'' organizations and for the first five area codes of data, the proposed revised fee would be $62 per area code. The maximum amount that would be charged to any single entity would be $17,050, which would be charged to any entity accessing 280 area codes of data or more. The fee charged to entities requesting access to additional area codes of data during the second six months of their annual period would be $31. --------------------------------------------------------------------------- \31\ Telemarketers were first able to access the National Registry on September 2, 2003. As a result, the first year of operation did will not conclude until August 31, 2004 and the second year of operation did not end until August 31, 2005. Similarly, the third year of operation will not end until August 31, 2006. The Commission realizes that a small number of additional entities may access the National Registry for the first time prior to September 1, 20062004, and should be considered in calculating the revised fees. In this regard, the Commission will adjust the assumptions to reflect the actual number of entities that have accessed the registry, and make the appropriate changes to the fees, at the time of issuance of the Final Rule. --------------------------------------------------------------------------- The Commission proposes to continue allowing all entities accessing the National Registry to obtain the first five area codes of data for free.32 The [[Page 25515]] Commission allowed such free access in the Original Fee Rule, the 2004 Fee Rule, and the 2005 Fee Rule, ``to limit the burden placed on small businesses that only require access to a small portion of the national registry.'' 33 The Commission noted that such a fee structure was consistent with the mandate of the Regulatory Flexibility Act,34 which requires that to the extent, if any, a rule is expected to have a significant economic impact on a substantial number of small entities, agencies should consider regulatory alternatives to minimize such impact. As stated in the prior fee rules, ``the Commission continues to believe that providing access to five area codes of data for free is an appropriate compromise between the goals of equitably and adequately funding the national registry, on one hand, and providing appropriate relief for small businesses, on the other.'' 35 In addition, requiring over 58,000 entities to pay a small fee for access to five or fewer area codes from the National Registry would place a significant burden on the registry, requiring the expenditure of even more resources to handle properly that additional traffic. Nonetheless, the Commission continues to seek comment on this issue. --------------------------------------------------------------------------- \32\ If all entities accessing the National Registry were charged for the first five area codes of data, the cost per area code would be reduced to $38$32, while the maximum amount charged to access the entire National Registry would be $10,640$8960. These hypothetical fee rates are based on the assumption that the same number of entities would pay to access the same number of area codes they currently access for free. \33\ See 68 FR at 45140; 69 FR at 45582; and 70 FR at 43275. \34\ 5 U.S.C. 601. \35\ See 68 FR at 45141; 69 FR at 45584; and 70 FR at 43275-6. --------------------------------------------------------------------------- The Commission also proposes to continue allowing ``exempt'' organizations, as discussed in footnote 28, above, to obtain free access to the National Registry. The Commission believes that any exempt entity, voluntarily accessing the National Registry to avoid calling consumers who do not wish to receive telemarketing calls, should not be charged for such access. Charging such entities access fees, when they are under no legal obligation to comply with the ``do- not-call'' requirements of the TSR, may make them less likely to obtain access to the National Registry in the future, resulting in an increase in unwanted calls to consumers. As with free access to five or fewer area codes, the Commission seeks comment on this issue as well. III. Invitation to Comment All persons are hereby given notice of the opportunity to submit written data, views, facts, and arguments addressing the issues raised by this NPRM. Written comments must be received on or before June 1, 2006. All comments should be filed as prescribed in the ADDRESSES section above. IV. Communications by Outside Parties to Commissioners or Their Advisors Written communications and summaries or transcripts of oral communications respecting the merits of this proceeding from any outside party to any Commissioner or Commissioner's advisor will be placed on the public record. See 16 CFR 1.26(b)(5). V. Paperwork Reduction Act Pursuant to the Paperwork Reduction Act,\36\ the Office of Management and Budget (``OMB'') approved the information collection requirements in the TSR and assigned OMB Control Number 3084-0097.\37\ The proposed rule amendment, as discussed above, provides for an increase in the fees that are charged for accessing the National Do Not Call Registry. Therefore, the proposed rule amendment does not create any new recordkeeping, reporting, or third-party disclosure requirements that would be subject to review and approval by OMB pursuant to the Paperwork Reduction Act. --------------------------------------------------------------------------- \36\ 44 U.S.C. 3501-3520. \37\ Commission staff is currently seeking an extension of the clearance for the information collection requirements associated with the TSR. See 71 FR 3302 (January 20, 2006). --------------------------------------------------------------------------- VI. Regulatory Flexibility Act The Regulatory Flexibility Act \38\ requires an agency either to provide an Initial Regulatory Flexibility Analysis (``IRFA'') with a proposed rule, or certify that the proposed rule will not have a significant economic impact on a substantial number of small entities. The FTC does not expect that the rule concerning revised fees will have the threshold impact on small entities. As discussed in Section II, above, this NPRM specifically proposes charging no fee for access to one to five area codes of data included in the registry. As a result, the Commission anticipates that many small businesses will be able to access the National Registry without having to pay any annual fee. Thus, it is unlikely that there will be a significant burden on small businesses resulting from the adoption of the proposed revised fees. Nonetheless, the Commission has determined that it is appropriate to publish an IRFA in order to inquire into the impact of this proposed rule on small entities. Therefore, the Commission has prepared the following analysis. --------------------------------------------------------------------------- \38\ 5 U.S.C. 604(a). --------------------------------------------------------------------------- A. Reasons for the Proposed Rule As outlined in Section II, above, the Commission is proposing to amend the fees charged to entities accessing the National Registry in order to raise sufficient amounts to offset the current year costs to implement and enforce the Amended TSR. B. Statement of Objectives and Legal Basis The objective of the current proposed rule is to collect sufficient fees from entities that must access the National Do Not Call Registry. The legal authority for this NPRM is the 2006 Appropriations Act, the Implementation Act, and the Telemarketing Act. C. Description of Small Entities to Which the Rule Will Apply The Small Business Administration has determined that ``telemarketing bureaus'' with $6.5 million or less in annual receipts qualify as small businesses.\39\ Similar standards, i.e., $6.5 million or less in annual receipts, apply for many retail businesses which may be ``sellers'' and subject to the proposed revised fee provisions outlined in this NPRM. In addition, there may be other types of businesses, other than retail establishments, that would be ``sellers'' subject to the proposed rule. --------------------------------------------------------------------------- \39\ See 13 CFR 121.201. --------------------------------------------------------------------------- As described in Section II, above, over 58,000 entities have accessed five or fewer area codes of data from the National Registry at no charge. While not all of these entities may qualify as small businesses, and some small businesses may be required to purchase access to more than five area codes of data, the Commission believes that this is the best estimate of the number of small entities that would be subject to the proposed revised fee rule. The Commission invites comment on this issue, including information about the number and type of small business entities that may be subject to the revised fees. D. Projected Reporting, Recordkeeping and Other Compliance Requirements The information collection activities at issue in this NPRM consist principally of the requirement that firms, regardless of size, that access the National Registry submit minimal identifying and payment information, which is necessary for the agency to collect the required fees. The cost impact of that requirement and the labor or professional expertise required for compliance with that requirement were discussed in section V of the 2004 Fee [[Page 25516]] Rule Notice of Proposed Rule Making. 69 FR 23701, 23704 (April 30, 2004). As for compliance requirements, small and large entities subject to the revised fee rule will pay the same rates to obtain access to the National Do Not Call Registry in order to reconcile their calling lists with the phone numbers maintained in the National Registry. As noted earlier, however, compliance costs for small entities are not anticipated to have a significant impact on small entities, to the extent the Commission believes that compliance costs for those entities will be largely minimized by their ability to obtain data for up to five area codes at no charge. E. Duplication With Other Federal Rules None. F. Discussion of Significant Alternatives The Commission recognizes that alternatives to the proposed revised fee are possible. For example, instead of a fee based on the number of area codes that a telemarketer accesses from the National Registry, access could be provided on the basis of a flat fee regardless of the number of area codes accessed. The Commission believes, however, that these alternatives would likely impose greater costs on small businesses, to the extent they are more likely to access fewer area codes than larger entities. Another alternative the Commission has considered entails providing small businesses with free access to the National Registry.\40\ This alternative would require entities seeking an exemption from the fees to submit information regarding their annual revenues, to determine whether they meet the statutory threshold to be classified a small business and exempt from the fees. The Commission continues to believe, however, ``an alternative approach that would provide small business with exemptive relief more directly tied to size status would not balance the private and public interests at stake any more equitably or reasonably than the approach currently proposed by the Commission.'' \41\ The Commission also continues to believe that ``such a system would present greater administrative, technical, and legal costs and complexities than the Commission's current proposal which does not require any proof or verification of that status.'' \42\ --------------------------------------------------------------------------- \40\ See 69 FR at 45583; see also 68 FR 16238, 16243 n.53 (April 3, 2003). \41\ See 68 FR at 16243 n.53. \42\ Id. --------------------------------------------------------------------------- Accordingly, the Commission believes its current proposal is likely to be the least burdensome for small businesses, while achieving the goal of covering the necessary costs to implement and enforce the Amended TSR. Despite these conclusions, the Commission welcomes comment on any significant alternatives that would further minimize the impact on small entities, consistent with the objectives of the Telemarketing Act, the 2006 Appropriations Act, and the Implementation Act. List of Subjects in 16 CFR Part 310 Telemarketing, Trade practices. VII. Proposed Rule Accordingly, for the reasons stated in the preamble, the Federal Trade Commission proposes to amend part 310 of title 16 of the Code of Federal Regulations as follows: PART 310--TELEMARKETING SALES RULE 1. The authority citation for part 310 continues to read as follows: Authority: 15 U.S.C. 6101-6108. 2. Revise Sec. 310.8(c) and (d) to read as follows: Sec. 310.8 Fee for access to the National Do Not Call Registry. * * * * * (c) The annual fee, which must be paid by any person prior to obtaining access to the National Do Not Call Registry, is $62 per area code of data accessed, up to a maximum of $17,050; provided, however, that there shall be no charge for the first five area codes of data accessed by any person, and provided further, that there shall be no charge to any person engaging in or causing others to engage in outbound telephone calls to consumers and who is accessing the National Do Not Call Registry without being required under this Rule, 47 CFR 64.1200, or any other federal law. Any person accessing the National Do Not Call Registry may not participate in any arrangement to share the cost of accessing the registry, including any arrangement with any telemarketer or service provider to divide the costs to access the registry among various clients of that telemarketer or service provider. (d) After a person, either directly or through another person, pays the fees set forth in Sec. 310.8(c), the person will be provided a unique account number which will allow that person to access the registry data for the selected area codes at any time for twelve months following the first day of the month in which the person paid the fee (``the annual period''). To obtain access to additional area codes of data during the first six months of the annual period, the person must first pay $62 for each additional area code of data not initially selected. To obtain access to additional area codes of data during the second six months of the annual period, the person must first pay $31 for each additional area code of data not initially selected. The payment of the additional fee will permit the person to access the additional area codes of data for the remainder of the annual period. * * * * * By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6-6507 Filed 4-28-06; 8:45 am] BILLING CODE 6750-01-P

usgpo

2024-10-08T14:08:33.385227

FR

FR-2006-05-01/E6-6422

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25516-25523] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6422] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Parts 657 and 658 [FHWA Docket No. FHWA-2006-24134] RIN 2125-AF17 Size and Weight Enforcement and Regulations AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed rulemaking (NPRM); request for comments. ----------------------------------------------------------------------- SUMMARY: This action updates the regulations governing the enforcement of commercial vehicle size and weight to incorporate provisions enacted in the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: a Legacy for Users (SAFETEA-LU); the Energy Policy Act of 2005; and, the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006. This action would further add various definitions; correct obsolete references, definitions, and footnotes; eliminate redundant provisions; amend numerical route changes to the National Highway designations; and incorporate statutorily mandated weight and length limit provisions. DATES: Comments must be received on or before June 30, 2006. Late-filed comments will be considered to the extent practicable. ADDRESSES: Mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590, or submit electronically at http:// [[Page 25517]] dmses.dot.gov/submit, or fax comments to (202) 493-2251. Alternatively, comments may be submitted to the Federal eRulemaking portal at http://www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comment must include a self-addressed, stamped postcard or you may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments in any one of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or you may visit http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. William Mahorney, Office of Freight Management and Operations, (202) 366-6817, or Mr. Raymond Cuprill, Office of the Chief Counsel (202) 366-0791, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing You may submit or retrieve comments online through the Document Management System (DMS) at: http://dmses.dot.gov/submit. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. Alternatively, internet users may access all comments received by the U.S. DOT Docket Facility by using the universal resource locator (URL) http://dms.dot.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register's home page at: http://www.archives.gov or the Government Printing Office's Web page at http://www.gpoaccess.gov/nara. Background The Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144), the Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat. 544), and the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006 (Pub. L. 109-115, 119 Stat. 2396) amended several areas of the size and weight regulations in the areas of auxiliary power units, custom harvesters, over-the-road buses, and drive-away saddlemount vehicle combinations. Additionally, the transfer of motor carrier safety functions to the Federal Motor Carrier Safety Administration (FMCSA) established by the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748) affected the internal organizational structure of the FHWA. Although the responsibility for commercial motor vehicle size and weight limitation remained in the FHWA, the references in the regulations to the old FHWA's Office of Motor Carriers (OMC) and its officials are obsolete. This action will update these references to reflect the changes in the agency's organizational structure. Section-by-Section Discussion of the Proposals Section 657.1 Purpose Section 657.1 indicates that the purpose of the regulations is to prescribe requirements for administering a program of vehicle size and weight enforcement on ``Federal-aid (FA) highways.'' This term refers to the Federal-aid primary (FAP), Federal-aid secondary (FAS), and Federal-aid urban (FAU) systems, as indicated in the current definition of ``Enforcing or Enforcement'' in 23 CFR 657.3 and as provided in 23 U.S.C. 141. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat. 1914) eliminated these old highway system categories and replaced them with the National Highway System (NHS) as the Federal-aid highway system for the purpose of apportioning Federal highway funds. It left unchanged the requirement in 23 U.S.C. 141 that States enforce their size and weight laws on the FAP, FAS, and FAU. Section 4006(c) of the ISTEA did preserve the Secretary's authority to designate FAP routes as part of the National Network but limited it to FAP routes in existence as of June 1, 1991. The requirements of 23 U.S.C. 141 were reflected in 23 CFR 657.15(c)(1) by requiring States to certify that their size and weight laws are being enforced on those highways which, prior to October 1, 1991, were designated as part of the FAP, FAS, and FAU. This date was selected because it is the start of the States' yearly enforcement period. Therefore, the FHWA proposes to amend 23 CFR 657.1 to replace the reference to ``Federal-aid (FA) highways'' with ``highways which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal-aid primary, Federal-aid secondary, or Federal-aid urban systems.'' The October 1, 1991, date is the same as that adopted in connection with the certification in 23 CFR 657.15(c)(1). Section 657.3 Definitions The FHWA proposes to amend the definition of ``Enforcing or Enforcement'' to delete the old references to ``Federal-aid (FA) highways'' and to replace this reference with ``highways which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal-aid primary, Federal-aid secondary, or Federal-aid urban systems'' for the reasons noted above. Prior to a final rule published June 13, 1994 (59 FR 30392, 30416), section 657.15(b) required States to identify and analyze enforcement efforts in ``urban areas'' not subject to State size and weight enforcement. The FHWA recognized such areas as those with a population of 5,000 or more. Since the intent of section 658.15(b) was to ensure adequate enforcement in larger cities, the 1994 final rule changed the requirement to ``urbanized areas,'' meaning those with a population of 50,000 or more. However, the 1994 rule failed to define ``urbanized areas.'' In order to clarify the intent of the change, this notice proposes to adopt a definition of ``urbanized areas'' in 23 CFR 657.3 as areas with a population of 50,000 or more, as defined in 23 U.S.C. 101. Section 657.11 Evaluation of Operations Prior to creation of the FMCSA, the responsibility for the enforcement of vehicle size and weight laws and regulations was a function of the Office of Motor Carriers within the FHWA. Evaluation or operations reports were forwarded through the Regional Director of Motor Carriers. After the creation of the FMCSA, various driver and vehicle safety inspection functions were transferred from the FHWA's Office of Motor Carriers to the FMCSA in a final rule published on October 19, 1999 (64 FR 56270). Not transferred, but remaining within FHWA, was enforcement of commercial motor vehicle size and weight laws and regulations. The FHWA proposes to [[Page 25518]] remove outdated references to the Office of Motor Carriers and the Regional Director of Motor Carriers in paragraphs (a) and (b). The proposed changes reflect changes to the agency's organizational structure, but do not change the intent or requirements of the section. Section 657.15 Certification Content The FHWA proposes to add a period after the citation, ``* * * 49 U.S.C. 31112'' in 23 CFR 657.15(b) so that the word ``Urbanized'' is the start of a new sentence. It also proposes to delete the last sentence in 23 CFR 657.15(e) because it is out of date. The requirement that laws and regulations pertaining to special permits and penalties be specifically identified and analyzed in accordance with section 123 of the Surface Transportation Assistance Act of 1978 (Pub. L. 95-599, 92 Stat. 2689) has been eliminated by section 3003 of the Federal Elimination and Sunset Act of 1995 (Pub. L. 104-66, 109 Stat. 1914). Therefore, the FHWA proposes to eliminate the requirement to collect this data, since it not only serves no purpose, but also is duplicative of other requirements for this information. The States would still be required to report on penalties and permits because policies and practices in regard to each would still be included as part of the State enforcement plans required pursuant to 23 CFR 657.9(b)(1)(ii) and (iii). The FHWA is further proposing to eliminate a burdensome regulatory requirement found in section 657.15(f)(3)(iii) related to the reporting of overwidth movements for divisible loads. The requirement for States to report the number of permits issued for overwidth movement of a divisible load is no longer necessary and therefore the FHWA proposes that it be eliminated. Section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104-66, 109 Stat. 707) eliminated this reporting requirement. In addition, the number of divisible overwidth permits issued by States has never been considered in determining whether a State is adequately enforcing its size and weight laws. The States have retained the authority to allow overwidth vehicles on the National Network by requiring a permit, and may issue any number of such permits on any basis that is deemed appropriate. Consequently, eliminating the need to report on the number of divisible overwidth permits issued would relieve States of an unnecessary and burdensome reporting requirement. This requirement would be deleted from section 657.15(f)(3)(iii). Section 657.17 Certification Submittal References to the Office of Motor Carriers in 657.17(a) and (b) would be replaced in this proposed rule by references to the FHWA. In addition, the references in 657.17(b) to the ``Office of Motor Carriers'' and ``Associate Administrator for Motor Carriers'' would be eliminated, because those positions no longer exist. Section 657.19 Effect of Failure To Certify or To Enforce State Laws Adequately The FHWA proposes to amend this section to replace the outdated reference to ``Federal-aid highways.'' The requirements in this section apply not to current Federal-aid highways (which comprise the National Highway System (NHS)), but to highways which, prior to October 1, 1991, were designated as part of the Federal-aid primary (FAP), Federal-aid secondary, (FAS) and Federal-aid urban (FAU) systems. The second Federal-aid reference is correct because it refers to Federal-aid funds for the NHS that would be withheld if a State failed to adequately enforce its size and weight limits on highways that, prior to October 1, 1991, were designated as the FAP, FAS, and FAU systems. Part 658 Section 658.5 Definitions The current definition for ``Commercial motor vehicle'' was issued in a final rule published March 12, 2004 (69 FR 11994) and excluded RVs during the relatively small amounts of time when they are operated for a commercial purpose, such as being driven from a manufacturer to a dealer. However, the definition as currently written is flawed because it would exclude them only when ``operated'' as RVs, i.e., when used for a private recreational purpose. As a result, RVs operated for a commercial purpose remained CMVs subject to Federal width limits. The FHWA is proposing to amend the definition to clarify those movements that include transportation to/from the manufacturer for customer delivery, sale, or display purposes are not subject to the provisions of this part. The FHWA believes that the rare occasions and limited periods of time in which a recreational vehicle is operated to/from the manufacturer does not change the characteristic of a vehicle enough to merit inclusion in the regulation. The FHWA invites comments on the possible safety effects of this proposed change. The definition of ``nondivisible'' load or vehicle'' provides criteria to determine whether or not a load is nondivisible. This definition is important, because with few exceptions, a State may not issue an overweight permit for a divisible load. This notice proposes to expand these criteria to include vehicles loaded with salt, sand, chemicals or a combination of these materials, to be used in spreading the materials on any winter roads, and when operating as emergency response vehicles. These vehicles may be equipped with, or without, a plow or blade in front. These vehicles would necessarily use the Interstate System while performing its duties in order to access other roads. Although these vehicles transport divisible loads and could be loaded to less than capacity in order to comply with Federal Interstate weight limits, it would be counterproductive to their mission to require them to return to their depots for reloading more often. This would render them less effective in responding to emergency road conditions. In addition, the vehicles would be overweight for only a portion of their movement, since the load would be reduced as the material was deployed. The FHWA has recognized the importance of treating snow or ice- covered highways quickly and efficiently. The proposed revision to the definition of ``non-divisible load or vehicle'' will facilitate the ability of States to meet emergency snow and ice conditions through the issuance of special overweight permits for emergency response vehicles. This proposed change would not extend to vehicles transporting sand, salt, and/or chemicals for other purposes than those specified above. The FHWA believes that this proposed change would be a reasonable action, balancing the safety of the motoring public during harsh winter weather against the effects of a temporarily overweight snow and ice removal vehicle. FHWA invites public comment on this proposed change to the regulations. Section 4141 of SAFETEA-LU amended section 31111(a) of title 49, United States Code, to include a definition of ``Drive-away Saddlemount with Fullmount Vehicle Transporter Combination'' and to impose a vehicle length limitation of not less than or more than 97 feet on a drive-away saddlemount with fullmount vehicle transporter combinations. The SAFETEA-LU section 4141 defines the term ``Drive-away Saddlemount with Fullmount Vehicle Transporter Combination'' to mean ``a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to [[Page 25519]] the frame or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it.'' House committee staff that drafted the amendment alerted the FHWA that the lack of reference in the definition to the fullmount vehicle was intended to expand the term to include saddlemount combinations with or without fullmount. The FHWA believes that this is a reasonable interpretation of the SAFETEA-LU provision. As a result, the FHWA proposes to add the definition of ``Drive-away Saddlemount Vehicle Transporter Combination'' to its regulations, omitting the term fullmount, and amend its regulations at 23 CFR part 658 to extend the 97 foot length limitation to all drive-away saddlemount vehicle combinations that are specifically designed to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the forward vehicle of the truck or truck tractor in front of it. Section 347 of the Consolidated Appropriations Resolution, 2003 (Pub. L. 108-7, 117 Stat. 419) included ``over-the-road bus(es)'' in the temporary exemption already provided for transit vehicles that allows them to exceed established Federal Interstate axle weights during Interstate operations. Section 658.5, however, does not contain a definition of ``over-the-road bus.'' The FHWA therefore proposes incorporating the previously established definition of ``over-the-road bus'' found in section 12181(5) of title 42, United States Code into Sec. 658.5. Section 658.13 Length Section 4112 of SAFETEA-LU explicitly adds special rules for certain property-carrying units operating in Nebraska. Specifically, truck-tractors pulling trailers or semitrailers, used to transport custom harvester equipment during harvest months, may be allowed to operate on Nebraska highways at a length of up to 81 feet, 6 inches. The FHWA therefore proposes to amend Sec. 658.13 to reflect this statutory change. Section 4141 of SAFETEA-LU amended 49 U.S.C. 31111(a) and (b) by inserting a definition of ``Drive-away Saddlemount with Fullmount Vehicle Transporter Combination'' and preempted the States from prescribing or enforcing a regulation that ``imposes a vehicle length limitation of not less than or more than 97 feet'' on these vehicle combinations. As discussed above, the FHWA is proposing to amend the specialized equipment provision Sec. 658.13(e)(1)(iii) to incorporate this statutory length limit that is now applicable to drive-away saddlemount vehicle transporter combinations. Section 658.15 Width Section 658.15(c)(2) currently exempts recreational vehicles from width limitations. Because, as discussed above, the FHWA is proposing to amend 23 CFR 658.5 to eliminate any Federal role in regulating the width of RVs as commercial motor vehicles, the agency is also proposing to eliminate this paragraph. Section 658.17 Weight Section 347 of the Consolidated Appropriations Resolution, 2003 (Pub. L. 108-7, 117 Stat. 419) included over-the-road buses in the temporary exemption for transit vehicles. The definition of over-the- road bus used is that found in section 12181(5) of title 42, United States Code. Section 1309 of SAFETEA-LU extended the temporary exemption until October 1, 2009. Subsequently, the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006 (Pub. L. 109-115, 199 Stat. 2396) provided that a covered State, or any political subdivision in such State, may not enforce a single axle weight limitation of less than 24,000 pounds, including enforcement tolerances, on any transit or over-the-road bus. A ``covered state'' means a State that has enforced, in the period beginning October 6, 1992, and ending on November 30, 2005, a single axle weight limitation of 20,000 pounds or greater but less than 24,000 pounds. As a result, the FHWA proposes to amend the regulations in order to reflect the new, 24,000-pound axle weight provision mandated by Congress. The Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat. 594) amended 23 U.S.C. 127(a) to allow an increase in the Federal weight limits by up to 400 pounds to account for idle reduction systems or auxiliary power units installed in any heavy-duty vehicle. The intent of this provision is to promote the use of technologies that reduce fuel consumption and emissions that result from engine idling. To qualify for this exception, drivers must present proof by demonstration and/or certification from the manufacturer, that the idle reduction technology is functional at all times, does not exceed 400 pounds gross weight (including fuel), and that the unit cannot be used for any other purpose. The FHWA is therefore proposing regulations to implement the standards for certification and weight tolerances of this new statutory provision. The FHWA encourages public comment on how the certification and demonstration required by this provision might best be carried out by State enforcement authorities or other sources. Section 658.23 LCV Freeze; Cargo-Carrying Unit Freeze As previously noted, prior to creation of the FMCSA, the responsibility for the enforcement of vehicle size and weight laws and regulations was a function delegated to the Office of Motor Carriers within the FHWA. After the creation of the FMCSA, various driver and vehicle safety inspection functions were transferred from the FHWA and the Office of Motor Carriers was eliminated. Consequently, the FHWA proposes to replace obsolete references to the Office of Motor Carriers with references to the FHWA. Appendix A to 23 CFR 658--National Network--Federally-Designated Routes Section 411(e)(1) of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424, 96 Stat. 2100) authorized the Secretary to designate Federal-Aid Primary (FAP) routes (including the Interstate System) where States must allow vehicles subject to Federal length and width requirements to operate. The resulting ``National Network'' is shown in appendix A to 23 CFR part 658. However, the explanatory column headings in appendix A currently contain an improper reference to the Federal-aid Primary highways. This heading is not only incorrect but also unnecessary. It is incorrect because the final rule implementing the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105 Stat. 1914) published June 13, 1991 (59 FR 30392) noted that, ``The ISTEA [in section 4006(c)] effectively replaced what had been known as the FAP system with the NHS (National Highway System).'' Thus, it is inappropriate to refer to the Federal-aid Primary Highway as it no longer exists. Further, the explanation is unnecessary because there is no need to indicate how the routes were derived since they are specifically listed. Therefore, the FHWA proposes to revise the explanatory heading of the columns in appendix A to read as follows: [The federally-designated routes on the National Network consist of the Interstate System, except as noted, and the following additional highways.] Similarly, the listing for 16 States (AR, CO, IN, KS, LA, MS, MT, NE, NV, OH, OK, SD, TX, UT, WA, and WY) in appendix A are followed by an explanatory statement that reads as follows: [[Page 25520]] No additional routes have been federally designated; STAA dimensioned commercial vehicles may legally operate on all Federal- aid Primary highways under State law. This statement is incorrect because there are no longer any highways designated as FAP, however highways on the National Network have not been specifically listed for these States so a general description is necessary. As noted earlier, the ISTEA preserved the Secretary's authority to designate National Network routes from FAP routes in existence as of June 1, 1991. Therefore, the FHWA proposes to revise the explanatory statement to read as follows: No additional routes have been federally designated; STAA dimensioned commercial vehicles may legally operate on all highways which, prior to June 1, 1991, were designated as Federal-aid Primary highways. The State of New Mexico has notified the FHWA of route number changes for routes on its portion of the National Network. These changes are numerical only and will not change the original network. The FHWA is therefore proposing to amend appendix A to reflect these route number changes. A portion of NM 550 has been re-designated NM 516, U.S. 80 has been re-designated NM 80, U.S. 64 now terminates at NM 516 Farmington, and U.S. 666 has been re-designated as NM 491. Appendix B to Part 658--Grandfathered Semitrailer Lengths Footnotes 1, 2, and 3 in appendix B to 23 CFR 658 refer to 23 CFR 658.13(h). However, section 658.13 was reorganized in a previous rulemaking action, at 67 FR 15110, March 29, 2002, and the provisions that formerly appeared in paragraph (h) are now found in paragraph (g). The footnotes will be corrected accordingly. Rulemaking Analyses and Notices All comments received before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket at the above address. Comments received after the comment closing date will be filed in the docket and will be considered to the extent practicable. In addition to late comments, the FHWA will also continue to file relevant information in the docket as it becomes available after the comment period closing date, and interested persons should continue to examine the docket for new material. A final rule may be published at any time after close of the comment period. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The FHWA has determined preliminarily that this action is not a significant regulatory action within the meaning of Executive Order 12866 and would not be significant within the meaning of the U.S. Department of Transportation's regulatory policies and procedures. This proposed rule will not adversely affect, in a material way, any sector of the economy. This proposed action changes out-dated references to offices within the FHWA and updates the current regulations to reflect changes made by the Congress in SAFETEA-LU and other recent legislation. Additionally, this proposed action would add various definitions; correct obsolete references, definitions, and footnotes; eliminate redundant provisions; amend numerical route changes to the National Highway designations; and incorporate a statutorily mandated weight limit provision. There will not be any additional costs incurred by any affected group as a result of this rule. In addition, these proposed changes will not interfere with any action taken or planned by another agency and will not materially alter the budgetary impact of any entitlements, grants, user fees or loan programs. Consequently, a regulatory evaluation is not required. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), we have evaluated the effects of this proposed action on small entities and have determined that the proposed action would not have a significant economic impact on a substantial number of small entities. The FHWA certifies that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 13132 (Federalism) This proposed action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and the FHWA has preliminarily determined that this proposed action would not warrant the preparation of a Federalism assessment. Any federalism implications arising from this proposed rule are attributable to SAFETEA-LU sections 4112 and 4141. The FHWA has determined that this proposed action would not affect the States' ability to discharge traditional State government functions. Executive Order 12372 (Intergovernmental Review) Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Accordingly, the FHWA solicits comments on this issue. Paperwork Reduction Act of 1995 Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this proposal does not contain collection of information requirements for the purposes of the PRA. Unfunded Mandates Reform Act of 1995 This proposed rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). This proposed rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $120.7 million or more in any one year. (2 U.S.C. 1532) Further, in compliance with the Unfunded Mandates Reform Act of 1995, the FHWA will evaluate any regulatory action that might be proposed in subsequent stages of the proceeding to assess the effects on State, local, and tribal governments and the private sector. Executive Order 12988 (Civil Justice Reform) This proposed action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this proposed action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this proposed action would not cause any environmental risk to health or safety that may disproportionately affect children. [[Page 25521]] Executive Order 12630 (Taking of Private Property) The FHWA has analyzed this proposed rule under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. The FHWA does not anticipate that this proposed action would affect a taking of private property or otherwise have taking implications under Executive Order 12630. National Environmental Policy Act The FHWA has analyzed this proposed action for the purposes of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321- 4347) and has determined that this proposed action will not have any effect on the quality of the environment. Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this action under Executive Order 13175, dated November 6, 2000, and believes that the proposed action would not have substantial direct effects on one or more Indian tribes; would not impose substantial compliance costs on Indian tribal governments; and will not preempt tribal law. Therefore, a tribal summary impact statement is not required. Executive Order 13211 (Energy Effects) We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution or use of energy. Therefore, a Statement of Energy Effects is not required. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory section listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this section with the Unified Agenda. List of Subjects in 23 CFR Parts 657 and 658 Grants Program--transportation, Highways and roads, Motor carriers. Issued on: April 21, 2006. Frederick G. Wright, Federal Highway Administration Executive Director. In consideration of the foregoing, the FHWA proposes to amend Chapter I of title 23, Code of Federal Regulations, by revising Parts 657 and 658, respectively, as set forth below. PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT 1. Revise the authority citation for part 657 to read as follows: Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689, 23 U.S.C. 127, 141 and 315; 49 U.S.C. 31111, 31113 and 31114; sec. 1023, Pub. L. 102-240, 105 Stat. 1914; and 49 CFR 1.48(b)(19), (b)(23), (c)(1) and (c)(19). 2. Revise Sec. 657.1 to read as follows: Sec. 657.1 Purpose. To prescribe requirements for administering a program of vehicle size and weight enforcement on highways which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal- aid Primary, Federal-aid Secondary, or Federal-aid Urban Systems, including the required annual certification by the State. 3. Revise Sec. 657.3 to read as follows: Sec. 657.3 Definitions. Unless otherwise specified in this part, the definitions in 23 U.S.C. 101(a) are applicable to this part. As used in this part: Enforcing or Enforcement means all actions by the State to obtain compliance with size and weight requirements by all vehicles operating on highways which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal-aid Primary, Federal-aid Secondary, or Federal-aid Urban Systems. Urbanized area means an area with a population of 50,000 or more. 4. Revise the first sentence of paragraph (a) and revise paragraph (b) of Sec. 657.11 to read as follows: Sec. 657.11 Evaluation of operations. (a) The State shall submit its enforcement plan or annual update to the FHWA Division Office by July 1 of each year. * * * (b) The FHWA shall review the State's operation under the accepted plan on a continuing basis and shall prepare an evaluation report annually. The State will be advised of the results of the evaluation and of any needed changes in the plan itself or in its implementation. Copies of the evaluation reports and subsequent modifications resulting from the evaluation shall be forwarded to the FHWA's Office of Operations. 5. Revise paragraphs (b), (e), and (f)(3)(iii) of Sec. 657.15 to read as follows: Sec. 657.15 Certification content. * * * * * (b) A statement by the Governor of the State, or an official designated by the Governor, that all State size and weight limits are being enforced on the Interstate System and those routes which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal-aid Primary, Urban, and Secondary Systems, and that the State is enforcing and complying with the provisions of 23 U.S.C. 127(d) and 49 U.S.C. 31112. Urbanized areas not subject to State jurisdiction shall be identified. The statement shall include an analysis of enforcement efforts in such areas. * * * * * (e) A copy of any State law or regulation pertaining to vehicle size and weights adopted since the State's last certification and an analysis of the changes made. (f) * * * (3) * * * (iii) Permits. The number of permits issued for overweight loads shall be reported. The reported numbers shall specify permits for divisible and nondivisible loads and whether issued on a trip or annual basis. 6. Revise Sec. 657.17 to read as follows: Sec. 657.17 Certification submittal. (a) The Governor, or an official designated by the Governor, shall submit the certification to the FHWA division office prior to January 1 of each year. (b) The FHWA division office shall forward the original certification to the FHWA's Office of Operations and one copy to the Office of Chief Counsel. Copies of appropriate evaluations and/or comments shall accompany any transmittal. 7. Revise Sec. 657.19 to read as follows: Sec. 657.19 Effect of failure to certify or to enforce State laws adequately. If a State fails to certify as required by this regulation or if the Secretary determines that a State is not adequately enforcing all State laws respecting maximum vehicle sizes and weights on highways which, prior to October 1, 1991, were designated as part of the Federal-aid Interstate, Federal-aid primary, Federal-aid secondary or Federal-aid urban systems, notwithstanding the State's certification, the Federal-aid funds for the National Highway System apportioned to the [[Page 25522]] State for the next fiscal year shall be reduced by an amount equal to 10 percent of the amount which would otherwise be apportioned to the State under 23 U.S.C. 104, and/or by the amount required pursuant to 23 U.S.C. 127. PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH AND WEIGHT LIMITATIONS 8. The authority citation for part 658 continues to read as follows: Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 31114; 49 CFR 1.48(b)(19) and (c)(19). 9. Amend Sec. 658.5 by revising the definition of ``commercial motor vehicle'' and paragraph (2) of the definition of ``nondivisible load or vehicle''; and adding definitions of ``drive-away saddlemount vehicle transporter combinations'' and ``over-the-road bus'' to read as follows: Sec. 658.5 Definitions. * * * * * Commercial motor vehicle. For purposes of this regulation, a motor vehicle designed or regularly used to carry freight, merchandise, or more than ten passengers, whether loaded or empty, including buses, but not including vehicles used for vanpools, or recreational vehicles. Drive-away saddlemount vehicle transporter combination. The term drive-away saddlemount vehicle transporter combination means a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the forward vehicle of the truck tractor in front of it. Such combinations may include up to one fullmount. * * * * * Nondivisible load or vehicle. (1) * * * (2) A State may treat as nondivisible loads or vehicles: Emergency response vehicles, including those loaded with salt, sand, chemicals or a combination thereof, with or without a plow or blade attached in front, and being used for the purpose of spreading the material on highways that are or may become slick or icy; casks designed for the transport of spent nuclear materials; and military vehicles transporting marked military equipment or materiel. Over-the-road bus. The term over-the-road bus means a bus characterized by an elevated passenger deck located over a baggage compartment, and typically operating on the Interstate System or roads previously designated as making up the Federal-aid Primary System. * * * * * 10. Amend Sec. 658.13 by revising paragraph (e)(1)(iii) and by adding paragraph (h) to read as follows: Sec. 658.13 Length. * * * * * (e) * * * (1) * * * (iii) Drive-away Saddlemount vehicle transporter combinations are considered to be specialized equipment. No State shall impose an overall length limit of less or more than 97 feet on such combinations. This provision applies to drive-away saddlemount combinations with up to three saddlemounted vehicles. Such combinations may include one fullmount. Saddlemount combinations must also comply with the applicable motor carrier safety regulations at 49 CFR 393.71. * * * * * (h) Truck-tractors, pulling 2 trailers or semitrailers, used to transport custom harvester equipment during harvest months within the State of Nebraska may not exceed 81 feet 6 inches. 11. Revise paragraph (c) of Sec. 658.15 to read as follows: Sec. 658.15 Width. * * * * * (c) Notwithstanding the provisions of this section or any other provision of law, a State may grant special use permits to motor vehicles, including manufactured housing, that exceed 102 inches in width. 12. In Sec. 658.17, revise paragraph (k) and add paragraph (n) to read as follows: Sec. 658.17 Weight. * * * * * (k) Any over-the-road bus, or any vehicle which is regularly and exclusively used as an intrastate public agency transit passenger bus, is excluded from the axle weight limits in paragraphs (c) through (e) of this section until October 1, 2009. Any State that has enforced, during the period beginning October 6, 1992 and November 30, 2005, a single axle weight limitation of 20,000 pounds or greater but less than 24,000 pounds may not enforce a single axle weight limit on these vehicles of less than 24,000 pounds. * * * * * (n) Any vehicle subject to this subpart that utilizes an auxiliary power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, may be allowed up to an additional 400 pounds total in gross, axle, and/or tandem axle weights. To be eligible for this exception, the operator of the vehicle must be able to prove, by demonstration and/or certification from the manufacturer, that the idle reduction technology is functional at all times, does not exceed 400 pounds gross weight (including fuel), and that the 400 pound weight increase is not used for any other purpose. Such certification must be available to law enforcement officers at all times. 13. Revise paragraphs (c) and (e) of Sec. 658.23 to read as follows: Sec. 658.23 LCV freeze; cargo-carrying unit freeze. * * * * * (c) For specific safety purposes and road construction, a State may make minor adjustments of a temporary and emergency nature to route designation and vehicle operating restrictions applicable to combinations subject to 23 U.S.C. 127(d) and 49 U.S.C. 31112 and in effect on June 1, 1991 (July 6, 1991, for Alaska). Adjustments which last 30 days or less may be made without notifying the FHWA. Minor adjustments which exceed 30 days require approval of the FHWA. When such adjustments are needed, a State must submit to the FHWA, by the end of the 30th day, a written description of the emergency, the date on which it began, and the date on which it is expected to conclude. If the adjustment involves route designations the State shall describe the new route on which vehicles otherwise subject to the freeze imposed by 23 U.S.C. 127(d) and 49 U.S.C. 31112 are allowed to operate. To the extent possible, the geometric and pavement design characteristics of the alternate route should be equivalent to those of the highway section which is temporarily unavailable. If the adjustment involves vehicle operating restrictions, the State shall list the restrictions that have been removed or modified. If the adjustment is approved, the FHWA will publish the notice of adjustment, with an expiration date, in the Federal Register. Requests for extension of time beyond the originally established conclusion date shall be subject to the same approval and publications process as the original request. If upon consultation with the FHWA a decision is reached that minor adjustments made by a State are not legitimately attributable to road or bridge construction or safety, the FHWA will inform the State, and the original conditions of the freeze may be reimposed immediately. Failure to do so may subject the State to a penalty pursuant to 23 U.S.C. 141. * * * * * [[Page 25523]] (e) States further restricting or prohibiting the operation of vehicles subject to 23 U.S.C. 127(d) and 49 U.S.C. 31112 after June 1, 1991, shall notify the FHWA within 30 days after the restriction is effective. The FHWA will publish the restriction in the Federal Register as an amendment to appendix C to this part. Failure to provide such notification may subject the State to a penalty pursuant to 23 U.S.C. 141. * * * * * Appendix A to Section 658--National Network--Federally Designated Routes 14. Amend appendix A to part 658 as follows: A. By removing the words ``[The federally-designated routes on the National Network consist of the Interstate System, except as noted, and the following additional highways.]'' and adding, in their place, the words ``[The federally-designated routes on the National Network consist of the Interstate System, except as noted, and the following additional highways.]'' in each place that they appear; B. By removing the explanatory phrase ``No additional routes have been federally designated; STAA-dimensioned commercial vehicles may legally operate on all Federal-aid Primary highways under State law'' for the States of Arkansas, Colorado, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, Nevada, Ohio, South Dakota, Texas, Utah, Washington, and Wyoming, and add, in its place, the words, ``No additional routes have been federally designated; STAA-dimensioned commercial vehicles may legally operate on all highways which, prior to June 1, 1991, were designated as Federal-aid primary highways.''; C. By revising the entries for ``New Mexico'' to read as follows: New Mexico ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- US 56................................ I-25 Springer................ OK State Line. US 60................................ AZ State Line................ I-25 Socorro. US 62................................ U.S. 285 Carlsbad............ TX State Line. US 64................................ AZ State Line................ NM 516 Farmington. US 70................................ AZ State Line................ I-10 Lordsburg. US 70................................ I-10 Las Cruces.............. U.S. 54 Tularosa. US 70................................ U.S. 285 Roswell............. U.S. 84 Clovis. NM 80................................ AZ State Line................ I-10 Road Forks. US 84................................ TX State Line Clovis......... CO State Line. US 87................................ U.S. 56 Clayton.............. TX State Line. US 160............................... AZ State Line (Four Corners). CO State Line. US 285............................... TX State Line s. of Carlsbad. CO State Line. NM 491............................... 1-40 Gallup.................. CO State Line. US 516............................... U.S. 64 Farmington........... U.S. 550 Aztec. US 550............................... NM 516 Aztec................. CO State Line. US 666............................... I-40 Gallup.................. CO State Line. ---------------------------------------------------------------------------------------------------------------- Appendix B to Part 658--Grandfathered Semitrailer Lengths 15. Amend appendix B to Part 658 in footnotes 1,2, and 3 by removing the reference ``23 CFR 658.13(h)'' and by adding in its place ``23 CFR 658.13(g)'' each place it appears. 29 [FR Doc. E6-6422 Filed 4-28-06; 8:45 am] BILLING CODE 4910-22-P

usgpo

2024-10-08T14:08:33.413597

FR

FR-2006-05-01/E6-6519

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25523-25525] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6519] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05-06-033] RIN 1625-AA08 Special Local Regulations for Marine Events; Pamlico River, Washington, NC AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish temporary special local regulations for the ``SBIP--Fountain Powerboats Kilo Run and Super Boat Grand Prix'', a marine event to be held August 4 and August 6, 2006, on the waters of the Pamlico River, near Washington, North Carolina. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Pamlico River during the event. DATES: Comments and related material must reach the Coast Guard on or before May 31, 2006. ADDRESSES: You may mail comments and related material to Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-deliver them to Room 119 at the same address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, fax them to (757) 398-6203, or e-mail them to [email protected]. The Inspections and Investigations Branch, Fifth Coast Guard District, maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the above address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Inspections and Investigations Branch, at (757) 398-6204. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD05-06- 033), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. [[Page 25524]] Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the Coast Guard at the address listed under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose On August 4 and August 6, 2006, Super Boat International Productions will sponsor the ``SBIP--Fountain Powerboats Kilo Run and Super Boat Grand Prix'', on the Pamlico River, near Washington, North Carolina. The event will consist of approximately 40 high-speed powerboats racing in heats along a 5-mile oval course on August 4 and 6, 2006. Preliminary speed trials along a straight one-kilometer course will be conducted on August 4, 2006. Approximately 20 boats will participate in the speed trials. Approximately 100 spectator vessels will gather nearby to view the speed trials and the race. If either the speed trials or races are postponed due to weather, they will be held the next day. During the speed trials and the races, vessel traffic will be temporarily restricted to provide for the safety of participants, spectators and transiting vessels. Discussion of Proposed Rule The Coast Guard proposes to establish temporary special local regulations on specified waters of the Pamlico River near Washington, North Carolina. The temporary special local regulations will be enforced from 6:30 a.m. to 12:30 p.m. on August 4, 2006, and from 10:30 a.m. to 4:30 p.m. on August 6, 2006. If either the speed trials or races are postponed due to weather, then the temporary special local regulations will be enforced during the same time period the next day. The effect of the temporary special local regulations will be to restrict general navigation in the regulated area during the speed trials and races. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. Non-participating vessels will be allowed to transit the regulated area between races, when the Coast Guard Patrol Commander determines it is safe to do so. These regulations are needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels. Regulatory Evaluation This proposed rule is not a ``significant regulatory action'' under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ``significant'' under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this proposed regulation will prevent traffic from transiting a portion of the Pamlico River near Washington, North Carolina during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect. Extensive advance notifications will be made to the maritime community via Local Notice to Mariners, marine information broadcasts, local radio stations and area newspapers, so mariners can adjust their plans accordingly. Vessel traffic may be able to transit the regulated area between races, when the Coast Guard Patrol Commander deems it is safe to do so. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit this section of the Pamlico River during the event. This proposed rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced for only a short period, from 6:30 a.m. to 12:30 p.m. on August 4, 2006 and from 10:30 a.m. to 4:30 p.m. on August 6, 2006. The regulated area will apply to a segment of the Pamlico River near the Washington, North Carolina waterfront. Marine traffic may be allowed to pass through the regulated area with the permission of the Coast Guard Patrol Commander. In the case where the Patrol Commander authorizes passage through the regulated area during the event, vessels will be required to proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. Before the enforcement period, we would issue maritime advisories so mariners can adjust their plans accordingly. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the Coast Guard at the address listed under ADDRESSES. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of [[Page 25525]] $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under that section. Under figure 2-1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis Check List'' and a ``Categorical Exclusion Determination'' are not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary Sec. 100.35T-05-033 to read as follows: Sec. 100.35T-05-033 Pamlico River, Washington, North Carolina. (a) Regulated area. The regulated area is established for the waters of the Pamlico River including Chocowinity Bay, from shoreline to shoreline, bounded on the south by a line running northeasterly from Camp Hardee at latitude 35[deg]28'23'' North, longitude 076[deg]59'23'' West, to Broad Creek Point at latitude 35[deg]29'04'' North, longitude 076[deg]58'44'' West, and bounded on the north by the Norfolk Southern Railroad Bridge. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector North Carolina. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector North Carolina with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the ``Fountain Super Boat Grand Prix'' under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector North Carolina. (c) Special local regulations. (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (ii) All persons and vessels shall comply with the instructions of the Official Patrol. (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (d) Enforcement period. This section will be enforced from 6:30 a.m. to 12:30 p.m. on August 4, 2006, and from 10:30 a.m. to 4:30 p.m. on August 6, 2006. If either the speed trials or the races are postponed due to weather, then the temporary special local regulations will be enforced during the same time period the next day. Dated: April 21, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6-6519 Filed 4-28-06; 8:45 am] BILLING CODE 4910-15-P

usgpo

2024-10-08T14:08:33.426112

FR

FR-2006-05-01/E6-6518

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25526-25528] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6518] [[Page 25526]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD05-06-037] RIN 1625-AA08 Special Local Regulations for Marine Events; Atlantic Ocean, Atlantic City, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish temporary special local regulations for ``Thunder over the Boardwalk Airshow'', an aerial demonstration to be held over the waters of the Atlantic Ocean adjacent to Atlantic City, New Jersey. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This proposed action would restrict vessel traffic in portions of the Atlantic Ocean adjacent to Atlantic City, New Jersey during the aerial demonstration. DATES: Comments and related material must reach the Coast Guard on or before May 31, 2006. ADDRESSES: You may mail comments and related material to Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-deliver them to Room 119 at the same address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, or fax them to (757) 398-6203. The Coast Guard Inspections and Investigations Branch, Fifth Coast Guard District, maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at the above address between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth Coast Guard District, Inspections and Investigations Branch, at (757) 398-6204. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD05-06- 037), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose On August 23, 2006, the Atlantic City Chamber of Commerce will sponsor the ``Thunder over the Boardwalk Airshow''. The event will consist of high performance jet aircraft performing low altitude aerial maneuvers over the waters of the Atlantic Ocean adjacent to Atlantic City, New Jersey. A fleet of spectator vessels is expected to gather nearby to view the aerial demonstration. Due to the need for vessel control during the event, vessel traffic will be temporarily restricted to provide for the safety of spectators and transiting vessels. Discussion of Proposed Rule The Coast Guard proposes to establish temporary special local regulations on specified waters of the Atlantic Ocean adjacent to Atlantic City, New Jersey. The regulated area includes a section of the Atlantic Ocean approximately 2.5 miles long, running from Pennsylvania Avenue to Columbia Avenue, and extending approximately 900 yards out from the shoreline. The temporary special local regulations will be enforced from 10:30 a.m. to 3 p.m. on August 23, 2006, and will restrict general navigation in the regulated area during the aerial demonstration. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area during the enforcement period. Regulatory Evaluation This proposed rule is not a ``significant regulatory action'' under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ``significant'' under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this proposed regulation prevents traffic from transiting a portion of the Atlantic Ocean adjacent to Atlantic City, New Jersey during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via marine information broadcasts and area newspapers so mariners can adjust their plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit this section of the Atlantic Ocean during the event. This proposed rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for only a short period, from 10:30 a.m. to 3 p.m. on August 23, 2006. Affected waterway users can pass safely around the regulated area. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see [[Page 25527]] ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the address listed under ADDRESSES. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(h), of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis Check List'' is not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary section, Sec. 100.35T-05-037 to read as follows: Sec. 100.35T-05-037 Atlantic Ocean, Atlantic City, NJ. (a) Regulated area. The regulated area is established for the waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, bounded by a line drawn between the following points: Southeasterly from a point along the shoreline at latitude 39[deg]21'31'' N, longitude 074[deg]25'04'' W, thence to latitude 39[deg]21'08'' N, longitude 074[deg]24'48'' W, thence southwesterly to latitude 39[deg]20'16'' N, longitude 074[deg]27'17'' W, thence northwesterly to a point along the shoreline at latitude 39[deg]20'44'' N, longitude 074[deg]27'31'' W, thence northeasterly along the shoreline to latitude 39[deg]21'31'' N, longitude 074[deg]25'04'' W. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or [[Page 25528]] petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Delaware Bay. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Delaware Bay with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by the Coast Guard Patrol Commander or any Official Patrol. (ii) Proceed as directed by the Coast Guard Patrol Commander or any Official Patrol. (d) Enforcement period. This section will be enforced from 10:30 a.m. to 3 p.m. on August 23, 2006. Dated: April 21, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6-6518 Filed 4-28-06; 8:45 am] BILLING CODE 4910-15-P

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FR-2006-05-01/E6-6486

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Page 25528] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6486] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Chapter 1 Negotiated Rulemaking Advisory Committee for Dog Management at Golden Gate National Recreation Area ACTION: Notice of third meeting. ----------------------------------------------------------------------- Notice is hereby given, in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1, section 10), of the third meeting of the Negotiated Rulemaking Advisory Committee for Dog Management at Golden Gate National Recreation Area. DATES: The Committee will meet on Monday, May 15, 2006 at the Officers's Club at 1 Fort Mason in upper Fort Mason, in San Francisco. The meeting will begin at 3 p.m. This, and any subsequent meetings, will be held to assist the National Park Service in potentially developing a special regulation for dogwalking at Golden Gate National Recreation Area. The proposed agenda for this meeting of the Committee may contain the following items; however, the Committee may modify its agenda during the course of its work. The Committee will provide for a public comment period during the meeting. 1. Agenda review 2. Approval of April 18 meeting summary 3. Updates since previous meeting 4. No Action Alternative for Dog Management Plan/Environmental Impact Statement (EIS) under National Environmental Policy Act (NEPA) 5. Data inventory 6. Information needs for Negotiated Rulemaking process 7. Decision-making criteria 8. Public comment 9. Adjourn To request a sign language interpreter for a meeting, please call the park TDD line (415) 556-2766, at least a week in advance of the meeting. FOR FURTHER INFORMATION CONTACT: Go to the NPS Planning, Environment and Public Comment (PEPC) Web site, http://www.parkplanning.nps.gov/goga and select Negotiated Rulemaking for Dog Management at GGNRA or call the Dog Management Information Line at 415-561-4728. SUPPLEMENTARY INFORMATION: The meetings are open to the public. The Committee was established pursuant to the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-570). The purpose of the Committee is to consider developing a special regulation for dogwalking at Golden Gate National Recreation Area. Interested persons may provide brief oral/written comments to the Committee during the Public Comment period of the meeting or file written comments with the GGNRA Superintendent. Dated: April 18, 2006. Loran Fraser, Chief, Office of Policy. [FR Doc. E6-6486 Filed 4-28-06; 8:45 am] BILLING CODE 4312-FN-P

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FR

FR-2006-05-01/06-4012

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25528-25531] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4012] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018-AU70 Subsistence Management Regulations for Public Lands in Alaska, Subpart A; Makhnati Island Area AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would revise the jurisdiction of the Federal Subsistence Management Program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, Alaska. This would then allow Federal subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in Federal Subsistence Management regulations. DATES: We must receive your written public comments on this proposed rule no later than June 15, 2006. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3888. SUPPLEMENTARY INFORMATION: Background In Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses * * *'' and that ``continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened * * *.'' As a result, Title VIII requires, among other things, that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a program to provide for rural Alaska residents a priority for the taking for subsistence uses of fish and wildlife resources on public lands in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, priority, and participation specified in Sections 803, 804, and 805 of ANILCA. The State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural priority in the State subsistence statute violated the Alaska Constitution. The Court's ruling in McDowell caused the State to delete the rural priority from the subsistence statute which therefore [[Page 25529]] negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, the Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. On June 29, 1990, the Departments published the Temporary Subsistence Management Regulations for Public Lands in Alaska in the Federal Register (55 FR 27114). Permanent regulations were jointly published on May 29, 1992 (57 FR 22940), and have been amended since then. As a result of this joint process between Interior and Agriculture, these regulations can be found in the Code of Federal Regulations (CFR) both in title 36, ``Parks, Forests, and Public Property,'' and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The regulations contain the following subparts: Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. Consistent with Subparts A, B, and C of these regulations, as revised May 7, 2002 (67 FR 30559), and December 27, 2005 (70 FR 76400), the Departments established a Federal Subsistence Board (Board) to administer the Federal Subsistence Management Program, as established by the Secretaries. The Board's composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, U.S. National Park Service; the Alaska State Director, U.S. Bureau of Land Management (BLM); the Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participated in the development of regulations for Subparts A, B, and C, and the annual Subpart D regulations. Jurisdictional Perspective Federal Subsistence Management Regulations (50 CFR 100.3 and 36 CFR 242.3) currently specify that ``The public lands described in paragraphs (b) and (c) of this section remain subject to change through rulemaking pending a Department of the Interior review of title and jurisdictional issues regarding certain submerged lands beneath navigable waters in Alaska.'' In April 2005, the Board requested a review by the U.S. Department of the Interior's, Office of the Solicitor to determine whether a Federal interest presently exists in certain areas of southeastern Alaska. The specific areas were originally identified by the Sitka Tribe of Alaska and presented before the Southeast Alaska Subsistence Regional Advisory Council, who forwarded a request for review to the Board. In November 2005, the Office of the Solicitor responded that the Makhnati Island area withdrawal in Executive Order 8877 (August 29, 1941) was not rescinded until after statehood, so the submerged land did not transfer to the State of statehood. Since this submerged land is not included in any other withdrawal, reservation, or administrative setaside, the marine submerged lands, including any filled lands owned by the United States, are under the administration of the BLM. Accordingly, the Solicitor's Office indicated that this area should be included within the jurisdiction of the Federal Subsistence Management Program. See 70 FR 76400 (December 27, 2005). The specific area encompasses approximately 610 acres of land and water adjacent to Japonski Island. Whiting Harbor and numerous small islands are included within the boundary of the withdrawal. The Board recommends the inclusion of this area in the Federal Subsistence Management Program. Therefore, we propose to amend the Federal Subsistence Management Regulations for Public Lands in Alaska to reflect Federal subsistence management jurisdiction in the area of Makhnati Island, near Sitka, Alaska. We propose to amend Section ----3(b), which includes those areas where marine waters are included, and where the regulations contained in 50 CFR 100 and 36 CFR 242 apply to both navigable and non-navigable waters. If additional marine submerged lands are determined in the future to be held by the United States, those additional lands would be the subject of future rulemakings. Because the Federal Subsistence Management Program relates to public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, we would propose to incorporate identical text into 36 CFR part 242 and 50 CFR part 100.W Conformance with Statutory and Regulatory Authorities National Environmental Policy Act Compliance A Draft Environmental Impact Statement (DEIS) for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. That document described in major issues associated with Federal subsistence management as identified through public meetings, written comments, and staff analysis, and examined the environmental consequences of four alternatives. Proposed regulations (Subparts A, B, and C) that would implement the preferred alternative were included in the DEIS as an appendix. The DEIS and the proposed administrative regulations presented a framework for an annual regulatory cycle regarding subsistence hunting and fishing regulations (Subpart D). The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. Based on the public comments received, the analysis contained in the FEIS, and the recommendations of the Federal Subsistence Board and the Department of the Interior's Subsistence Policy Group, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture--Forest Service, implemented Alternative IV as identified in the DEIS and FEIS (Record of Decision on Subsistence Management for Federal Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the selected alternative in the FEIS defined the administrative framework of an annual regulatory cycle for subsistence hunting and fishing regulations. The final rule for Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C, published May 29, 1992, implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. The following Federal Register documents pertain to this rulemaking: [[Page 25530]] Federal Register Documents Pertaining to Subsistence Management Regulations for Public Lands in Alaska, Subparts A and B ---------------------------------------------------------------------------------------------------------------- Federal Register citation Date of publication Category Details ---------------------------------------------------------------------------------------------------------------- 57 FR 22940........................ May 29, 1992.......... Final Rule............ ``Subsistence Management Regulations for Public Lands in Alaska; Final Rule'' was published in the Federal Register. 64 FR 1276......................... January 8, 1999....... Final Rule (amended).. Amended to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board's management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or an Alaska Native Corporation. Specified and clarified Secretaries' authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. 66 FR 31533........................ June 12, 2001......... Interim Rule.......... Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 67 FR 30559........................ May 7, 2002........... Final Rule............ In response to comments on an interim rule, amended the operating regulations. Also corrected some inadvertent errors and oversights of previous rules. 68 FR 7703......................... February 18, 2003..... Direct Final Rule..... This rule clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members. 68 FR 23035........................ April 30, 2003........ Affirmation of Direct Received no adverse Final Rule. comments on the direct final rule (68 FR 7703). Adopted direct final rule. 68 FR 60957........................ October 14, 2004...... Final Rule............ Established Regional Council membership goals. 70 FR 76400........................ December 27, 2005..... Final Rule............ Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. ---------------------------------------------------------------------------------------------------------------- An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available by contacting the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment, and therefore, signed a Finding of No Significant Impact. Compliance With Section 810 of ANILCA The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. A Section 810 analysis was completed as part of the FEIS process. The final Section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program may have some local impacts on subsistence uses, but that the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act These rules contain no new information collection requirements subject to Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995. They apply to the use of public lands in Alaska. The information collection requirements described in the rule were approved by OMB under 44 U.S.C. 3501 and were assigned clearance number 1018-0075, which expires August 31, 2006. We will not conduct or sponsor, and you are not required to respond to, a collection of information request unless it displays a currently valid OMB control number. Other Requirements Economic Effects--This rule is not a significant rule subject to OMB review under Executive Order 12866. This rulemaking will impose no significant costs on small entities; this rule does not restrict any existing sport or commercial fishery on the public lands, and subsistence fisheries will continue at essentially the same levels as they presently occur. The number of businesses and the amount of trade that will result from this Federal land-related activity is unknown but expected to be insignificant. The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq. requires preparation of regulatory flexibility analyses for rules that will have a significant economic effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. The Departments have determined that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. This rulemaking will impose no significant costs on small entities; the exact number of businesses and the amount of trade that will result from this Federal land-related activity is unknown. The aggregate effect is an insignificant positive economic effect on [[Page 25531]] a number of small entities, such as tackle, boat, and gasoline dealers. The number of small entities affected is unknown; however, the fact that the positive effects will be seasonal in nature and will, in most cases, merely continue preexisting uses of public lands indicates that the effects will not be significant. In general, the resources harvested under this rule will be consumed by the local harvester and do not result in a dollar benefit to the economy. However, we estimate that about 26.2 million pounds of fish (including about 9 million pounds of salmon) are harvested Statewide by the local subsistence users annually and, if based on a replacement value of $3.00 per pound, would equate to $78.6 million in food value Statewide. Title VIII of ANILCA requires the Secretaries to administer a subsistence preference on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. The Service has determined and certifies pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq. that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies, and no cost is involved to any State or local entities or tribal governments. The Service has determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform. In accordance with Executive Order 13132, the rule does not have sufficient federalism implications to warrant the preparation of a federalism assessment. title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless their program is compliant with the requirements of that Title. In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on federally recognized Indian tribes and have determined that there are no effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. The Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, this action is not a significant action and no Statement of Energy Effects is required. William Knauer drafted these regulations under the guidance of Thomas H. Boyd of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Dennis Tol and Taylor Brelsford, Alaska State Office, Bureau of Land Management; Greg Bos, Carl Jack, and Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; San Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service; Warren Eastland, Pat Petrivelli, and Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler, Alaska Regional Office, USDA-Forest Service provided additional guidance. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. For the reasons set out in the preamble, the Secretaries propose to amend title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. PART------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 would continue to read as follows: Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-3586; 43 U.S.C. 1733. Subpart A--General Provisions 2. In Subpart A of 36 CFR part 242 and 50 CFR part 100, Sec. -- --.3 would be amended by adding paragraph (b)(5) to read as follows: Sec. ----.3 Applicability and scope. * * * * * (b) * * * (5) Southeastern Alaska--Makhnati Island Area: Land and waters beginning at the southern point of Fruit Island, 57[deg]21'35'' north latitude, 135[deg]21'07'' west longitude as shown on United States Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point of beginning, by metes and bounds; S. 58[deg] W., 2500 feet, to the southern point of Nepovorotni Rocks; S. 83[deg] W., 5600 feet, on a line passing through the southern point of a small island lying about 150 feet south of Makhnati Island; N. 6[deg] W., 4200 feet, on a line passing through the western point of a small island lying about 150 feet west of Makhnati Island, to the northwestern point of Signal Island; N. 24[deg] E., 3000 feet, to a point, 57[deg]03'15'' north latitude, 135[deg]23'07'' west longitude; East, 2900 feet, to a point in course No. 46 in meanders of U.S. Survey No. 1496, on west side of Japonski Island; Southeasterly, with the meanders of Japonski Island, U.S. Survey No. 1496 to angle point No. 35, on the Southwestern point of Japonski Island; S. 60[deg] E., 3300 feet, along the boundary line of Naval reservation described in Executive order No. 8216, July 25, 1939, to the point beginning. * * * * * Dated: March 22, 2006. P. Lynn Scarlett, Secretary of the Interior, Department of the Interior. Dated: April 4, 2006. Dennis E. Bschor, Regional Forester, USDA-Forest Service. [FR Doc. 06-4012 Filed 4-28-06; 8:45 am] BILLING CODE 3410-11-M; 4310-55-M

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2024-10-08T14:08:33.491792

FR

FR-2006-05-01/06-4080

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25531-25544] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4080] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2002-0021; FRL-8163-7] RIN 2060-AM30 National Emission Standards for Hazardous Air Pollutants: Site Remediation AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The EPA is proposing to amend the national emission standards for hazardous air pollutants (NESHAP) for site remediation activities that were promulgated on October 8, 2003, to control emissions of hazardous air pollutants (HAP) from site remediation activities. We are proposing to amend specific provisions to resolve issues and questions subsequent to promulgation; correct technical omissions; and correct [[Page 25532]] typographical, cross-reference, and grammatical errors. DATES: Comments. Comments on the proposed amendments must be received on or before June 30, 2006. Public Hearing. If anyone contacts EPA requesting to speak at a public hearing by May 22, 2006, a public hearing will be held on May 31, 2006. ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0021, by one of the following methods: http://www.regulations.gov. Follow the on-line instructions for submitting comments. E-mail: [email protected]. By Facsimile: (202) 566-1741. Mail: Air and Radiation Docket, U.S. EPA, Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. The EPA requests a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT). Hand Delivery: EPA Docket Center, Docket ID Number EPA-HQ- OAR-2002-0021, EPA West Building, 1301 Constitution Ave., NW., Room B102, Washington, DC, 20004. Such deliveries are accepted only during the Docket's normal hours of operation and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR- 2002-0021. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air and Radiation Docket EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1742. FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, Chemicals and Coatings Group, Sector Policies and Programs Division (C439-03), U.S. EPA, Research Triangle Park, NC 27711, telephone number (919) 541-3078, facsimile number (919) 541-3207, electronic mail (e-mail) address: [email protected]. SUPPLEMENTARY INFORMATION: Entities Table. Entities potentially affected by this proposed action include, but are not limited to, the following: ---------------------------------------------------------------------------------------------------------------- Category NAICS \1\ Examples of regulated entities ---------------------------------------------------------------------------------------------------------------- Industry...................................... 325211 Site remediation activities at businesses at 325192 which materials containing organic HAP 325188 currently are or have been in the past stored, 32411 processed, treated, or otherwise managed at the 49311 facility. These facilities include: Organic 49319 liquid storage terminals, petroleum refineries, 48611 chemical manufacturing facilities, and other 42269 manufacturing facilities with co-located site 42271 remediation activities. Federal Government............................ .............. Federal agency facilities that conduct site remediation activities to clean up materials contaminated with organic HAP. State/Local/Tribal Government................. .............. Tribal governments that conduct site remediation activities to clean up materials contaminated with organic HAP. ---------------------------------------------------------------------------------------------------------------- \1\ North American Industry Classification System (NAICS) code. Representative industrial codes at which site remediation activities have been or are currently conducted at some but not all facilities under a given code. The list is not necessarily comprehensive as to the types of facilities at which a site remediation cleanup may potentially be required either now or in the future. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that we are now aware could potentially be regulated by this action. A comprehensive list of NAICS codes cannot be compiled for businesses or facilities potentially regulated by the rule due to the nature of activities regulated by the source category. The industrial code alone for a given facility does not determine whether the facility is or is not potentially subject to the rule. The rule may be applicable to any type of business or facility at which a site remediation is conducted to clean up media contaminated with organic HAP and other hazardous material. Thus, for many businesses and facilities subject to the rule, the regulated sources (i.e., the site remediation activities) are not the predominant activity, process, operation, or service conducted at the facility. In these cases, the industrial code indicates a primary product produced or service provided at the facility rather than the presence of a site remediation at the facility. For example, [[Page 25533]] NAICS code classifications where site remediation activities are currently being performed at some but not all facilities include, but are not limited to, petroleum refineries (NAICS code 32411), industrial organic chemical manufacturing (NAICS code 3251xx), and plastic materials and synthetics manufacturing (NAICS code 3252xx). However, we are also aware of site remediation activities potentially subject to the rule being performed at facilities listed under NAICS codes for refuse systems, waste management, business services, miscellaneous services, and nonclassifiable. To determine whether your facility is regulated by the action, you should carefully examine the applicability criteria in the 40 CFR part 63, subpart GGGGG--National Emissions Standards for Hazardous Air Pollutants: Site Remediation. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. WorldWide Web (WWW). Following the Administrator's signature, a copy of the proposed amendments will be posted on the Technology Transfer Network's (TTN) policy and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. Public Hearing. If a public hearing is requested, it will be held at 10 a.m. at the EPA Facility Complex in Research Triangle Park, North Carolina or at an alternate site nearby. Contact Mr. Greg Nizich at 919-541-3078 to request a hearing, to request to speak at a public hearing, to determine if a hearing will be held, or to determine the hearing location. Outline. The information presented in this preamble is organized as follows: I. Background II. Proposed Amendments A. Short-Term Site Remediation Exemption B. Point of Determination of Remediation Material Volatile Organic HAP (VOHAP) Concentration C. 1 Mg/yr Site Remediation Exemption D. Requirements for Remediation Material Transferred Off-Site E. Requirements for Equipment Leaks F. Applicability Determination for Remediation Activities at Certain Oil and Natural Gas Production Facilities G. Other Rule Editorial Corrections III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act I. Background We promulgated subpart GGGGG, National Emission Standards for Hazardous Air Pollutants: Site Remediation, in 40 CFR part 63 on October 8, 2003 (68 FR 58172). Subpart GGGGG applies to owners and operators of facilities that are major sources of HAP emissions and where a site remediation is conducted that meets the definitions and conditions specified in the final rule. Certain types of site remediations are explicitly exempted from being subject to the final rule. Each site remediation subject to the final rule must meet the emission limitation and work practice standards in subpart GGGGG that apply to the source types (e.g., process vents, tanks, containers, equipment components) used to perform or associated with the site remediation activities. Since the promulgation of subpart GGGGG of 40 CFR part 63, we have received questions about our interpretation of specific provisions in the final rule. To clarify these issues, we decided that technical amendments to the final rule are appropriate. Also, as part of today's action, we are proposing to amend other rule language to correct technical omissions, and to correct terminology, typographical, printing, and grammatical errors that we have identified since promulgation. The proposed amendments would not significantly change our original projections for the final rule's compliance costs, environmental benefits, burden on industry, or the number of affected facilities. A petition for reconsideration for the final rule was filed by the Sierra Club on December 8, 2003. The amendments proposed today do not address any issues cited in the Sierra Club's petition. We are still reviewing the items for reconsideration and will address them in a future notice. II. Proposed Amendments We are proposing to amend 40 CFR part 63, subpart GGGGG, to clarify our intent for applying and implementing specific rule requirements and to correct unintentional technical omissions and editorial errors. A summary of the proposed amendments to the final rule and the rationale for these amendments are presented below. A. Short-Term Site Remediation Exemption Subpart GGGGG of 40 CFR part 63 provides an exemption for certain short-term site remediations performed at facilities subject to the final rule. Specifically, site remediations where the cleanup of a contaminated area at the facility can be completed within 30 consecutive calendar days are exempted from the air emission control requirements in subpart GGGGG. This exemption is included in the final rule to facilitate the prompt cleanup of contamination resulting from small spills or similar events where the facility owner or operator can quickly complete the cleanup in a short period of time. Following promulgation of the rule, we received requests to clarify how the 30- day limit is implemented. As we discussed in the preamble to the final rule (68 FR 58185), the time interval for this exemption is based on the time required to complete those remediation activities that actually emit or have a potential to emit HAP. Furthermore, this exemption applies to those cleanups of contaminated areas that can reasonably be completed within a period much shorter than 30 days (e.g., several days, 1 to 2 weeks). We chose the 30-day interval specified in the final rule in consideration of those situations where a cleanup at a particular site that normally should be completed within several days or a week takes longer to complete because factors beyond the control of the owner or operator temporarily suspend or delay the remediation activities (such as severe weather or unexpected machinery breakdowns). Therefore, we decided that selecting a maximum of 30 days for the short-term site remediation exemption allows a sufficient extended period to complete cleanups that experience unavoidable delays and provides a reasonable time buffer to account for any unforeseen circumstances that may develop at a site. It is our intention that the short-term site remediation exemption only applies to those cleanups where all associated activities can be completed within 30 days (including any off-site treatment of the remediation materials) such that the organic HAP constituents in all of the remediation material resulting from the cleanup of the contaminated area no longer have a reasonable potential for volatilizing and being released to the atmosphere. In other words, we do not [[Page 25534]] consider simply shipping the remediation material generated by the cleanup to another site by the 30th day as complying with the exemption's intended scope. Materials containing organic HAP that are shipped off-site may still have the potential for the organics to volatilize and, consequently, be released to the atmosphere. Unless properly treated or disposed of, the action of shipping the remediation materials to an off-site location effectively just moves the HAP emissions point to another location and extends the time available for the organic HAP to be emitted. We are proposing to amend 40 CFR 63.7884 to clarify the final rule language with respect to our intent for application of the short-term remediation exemption, including those situations when the remediation material is transferred off-site. The proposed amendment language would explicitly define the beginning and end of the 30-day exemption period. Within this 30-day period, regardless of the location where the treatment or disposal occurs (i.e., either on-site or at another facility), final treatment or disposal of all remediation material generated during the cleanup would need to be completed. The first day of the 30-day exemption period would be defined as the day on which you initiate any action that removes, destroys, degrades, transforms, immobilizes, or otherwise manages the remediation materials. Consistent with the exemption under the existing rule, the following activities, when completed before beginning this initial action, would not be counted as part of the 30-day period: Activities to characterize the type and extent of the contamination by collecting and analyzing samples; activities to obtain permits from Federal, State, or local authorities to conduct the site remediation; activities to schedule workers and necessary equipment; and activities to arrange for contractor or third party assistance in performing the site remediation. The last day of the exemption period would be defined as the day on which all of the remediation materials generated by the cleanup have been treated or disposed of (either at the cleanup site or another site) in a manner such that the organic HAP in the material no longer have a reasonable potential for volatilizing and being released to the atmosphere. This means the final treatment or disposal of all of the remediation material must be completed within the 30-day period following initiation of the cleanup. A site remediation where the only activities completed are excavating or otherwise removing the contaminated material, and then storing this material (e.g., in waste piles, tanks, or containers) during the 30-day period does not qualify for the exemption. In this case, the processes and equipment used for site remediation would need to meet the applicable emissions limitations and work practice standards in the final rule (unless the site remediation qualifies for another exemption allowed under the final rule). Similarly, simply shipping all the remediation material off-site by the 30th day does not meet the conditions of the exemption. If the remediation materials generated by a cleanup are shipped off-site for treatment or disposal, then the owner or operator would be required to complete the transfer of all of the materials to a facility where these materials would be treated or disposed of within the 30-day period such that the organic HAP constituents in the materials no longer have a reasonable potential for volatilizing and subsequent release to the atmosphere. In situations when the off-site treatment or disposal of the remediation material cannot be completed within the 30-day period, then the remediation material is subject to 40 CFR 63.7936 of subpart GGGGG which specifies the requirements you must meet when you transfer remediation material off-site. B. Point of Determination of Remediation Material Volatile Organic HAP (VOHAP) Concentration Subpart GGGGG of 40 CFR part 63 establishes standards to control organic HAP emissions from certain remediation material management units (i.e., tanks, surface impoundments, containers, oil/water separators, organic/water separators and transfer systems) used for remediation activities. The final rule requires that those units managing remediation material with an average VOHAP concentration equal to or greater than 500 parts per million by weight (ppmw), meet the applicable emission limitation and work practice standards for the remediation material management unit specified in the rule. If the VOHAP concentration of the material is less than 500 ppmw, then the remediation material management units handling this material are not required to meet the air emission control requirements in subpart GGGGG. The VOHAP concentration is based on the organic HAP content of the remediation material determined by either direct measurement of samples of the remediation material or through use of knowledge of the remediation material (i.e., application of the owner's or operator's expertise using appropriate information regarding the remediation material). As promulgated, subpart GGGGG of 40 CFR part 63 requires the VOHAP concentration for the remediation material to be determined at the ``point-of-extraction.'' This term is defined to be a point above ground where you can collect samples of a remediation material before, or at the first point where, organic constituents in the material have the potential to volatilize and be released to the atmosphere, and (in all instances) before placing the material in a remediation material management unit. This point of determination is different from the definition we originally proposed for subpart GGGGG of 40 CFR part 63. In the proposed rule, the VOHAP concentration of the remediation material was specified to be determined at a point prior to, or within, a remediation material management unit, provided that organic constituents in the material have not been allowed to volatilize and be released to the atmosphere. This approach was discussed in the preamble to the proposed rule (67 FR 49408) and proposed in 40 CFR 63.7882(c)(4)(i) and 40 CFR 63.7912(a). We proposed this approach because it simplifies the determination procedure for the wide variety of treatment and management processes that can be used for site remediation activities. The approach addresses situations not only when there is a single remediation material stream, but also those situations when there are two or more combined material streams (either only remediation materials or remediation materials with non-remediation materials). If a single material stream (or combination of streams) having a VOHAP concentration of 500 ppmw or greater is managed in a remediation material management unit, then the unit is subject to the air emission control requirements for the particular unit, as specified in the final rule. If at a further downstream point, the VOHAP concentration of the material falls below the 500 ppmw action level following treatment, the material no longer needs to be managed in units that meet the applicable air emission control requirements in subpart GGGGG of 40 CFR part 63 (however, these units would still need to comply with any applicable control under other Federal or State air rules). Similarly, if the VOHAP concentration of a remediation material through processing or other means is increased in a remediation material management unit to a level at or greater than the 500 ppmw action [[Page 25535]] level, that unit will need to use the appropriate controls specified in subpart GGGGG. We received no adverse public comment on the proposed approach. We did, however, receive unrelated adverse public comments stating that the format we used for the proposed rule (e.g., reliance on presenting many rule requirements in an exclusively tabular format and extensive cross-referencing to provisions in other subparts in 40 CFR part 63) made the rule difficult to read and understand. In response to these comments, we significantly revised the editorial format and organization of the final rule. In doing so, the rule language we proposed designating the point where the VOHAP concentration of a remediation material is to be determined for the purpose of identifying those remediation material management units not subject to the rule's air emission control requirements (i.e., units managing remediation material having a VOHAP concentration less than the 500 ppmw action level) was unintentionally misstated when we converted this provision to the new format and wording used for the final rule. Today's proposed amendments would correct our error by amending the language in subpart GGGGG of 40 CFR part 63 regarding the point where the VOHAP concentration of remediation material is determined, and reinstate the same regulatory approach and language that we used for the proposed rule. This regulatory language would be placed in the appropriate sections of the reformatted final version of subpart GGGGG with appropriate adjustments of terminology and section cross- references consistent with the final rule structure. In addition, today's proposed amendments would remove the term ``point-of-extraction'' in the final rule since the term no longer is needed to implement any provision of subpart GGGGG of 40 CFR part 63 and would specify that you determine the average total VOHAP concentration of the remediation material at a point prior to or within a remediation material management unit. The applicable regulatory language under the procedures in 40 CFR 63.7943 for determining average VOHAP concentration of a remediation material would also be revised using the original proposal language to the fullest extent possible under the format of the final rule. Thus, we would be implementing our intended approach for determining the VOHAP concentration of the remediation material. Under today's proposed amendments (consistent with our original proposal), once the VOHAP concentration for a remediation material has been determined to be less than 500 ppmw, all remediation material management units downstream from the point of determination managing this material would no longer be required to meet the air emission control requirements in subpart GGGGG unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration of the material increases to 500 ppmw or more (e.g., free-product separation). C. 1 Mg/yr Site Remediation Exemption An applicability exemption is provided in 40 CFR 63.7881(c) for a facility that is a major source of HAP and is subject to another subpart under 40 CFR part 63, but where the annual quantity of organic HAP in the materials generated by the site remediations conducted at the facility is less than 1 megagram per year (Mg/yr). Facilities at which the site remediation activities qualify for this exemption are not subject to the final rule except for recordkeeping requirements. The owner or operator is required to maintain records documenting that the total quantity of the organic HAP in the remediation materials generated by site remediations at the facility is less than 1 Mg/yr. This section of the final rule has been wrongly interpreted by some to mean that the 1 Mg/yr limit is applied on an individual site remediation basis. By this interpretation, at a facility where two site remediations are conducted in a year, each site remediation would be allowed to generate remediation materials having total organic HAP content up to 1 Mg/yr resulting in a facilitywide total of 2 Mg/yr, which is not what we intended. This is not how the exemption provisions are to be applied to a facility. The 1 Mg/yr limit for the exemption is applied on a facilitywide basis. As we stated in the proposal (67 FR 49406), the exemption applies to a facility for which the owner or operator demonstrates that the total annual organic HAP mass content of the remediation material cleaned up at a facility is less than 1 Mg/yr. The mass limit is based on the total organic HAP content of the remediation material at the facility, not the material from an individual site remediation at the facility. There is no restriction on the number of site remediations for which the exemption applies so long as the total organic HAP amount in the remediation materials generated by all of the site remediations conducted at the facility during a year is less than 1 Mg/yr. To clarify the final rule language with respect to how the small- quantity remediation exemption is to be applied, we are proposing amended language for 40 CFR 63.7881(c). This language would not change how the 1 Mg/yr limit applies nor change the documentation requirements for the exemption now in the final rule, but simply and more explicitly state that the 1 Mg/yr limit applies on a facilitywide, calendar-year basis, and that there is no restriction of the number of site remediations under the exemption. D. Requirements for Remediation Material Transferred Off-Site The requirements for owners and operators transferring remediation material, having an average VOHAP concentration of 10 ppmw or greater, to an off-site facility are specified in 40 CFR 63.7936 of subpart GGGGG. This section has been incorrectly interpreted by some to mean that any remediation material transferred off-site with a VOHAP concentration at or above the 10 ppmw action level has some treatment obligation under subpart GGGGG. While we are not proposing to amend the existing language in 40 CFR 63.7936, we are including an explanation here to clarify how the 10 ppmw action level in 40 CFR 63.7936 is applied to remediation material transferred off-site. The 10 ppmw VOHAP concentration action level in 40 CFR 63.7936 is not used to determine applicability of emissions control or work practice standards under subpart GGGGG of 40 CFR part 63. Rather, the 10 ppmw VOHAP concentration action level is specified because, at or above that VOHAP concentration, some action may be required by both the transferring facility and receiving facility, but further evaluation is needed to be certain if any action is required. If the VOHAP concentration of the transferred remediation material is less than 10 ppmw, there are no requirements under subpart GGGGG of 40 CFR part 63 regarding the off-site transfer and subsequent management of this material. However, if the VOHAP concentration of the transferred remediation material is 10 ppmw or greater, then there are recordkeeping, notification, and possibly air emission control requirements (depending on how the material is managed at the receiving facility) under subpart GGGGG of 40 CFR part 63 that must be met. The determination of which air emission control requirements in subpart GGGGG of 40 CFR part 63 apply to, or follow, the transferred [[Page 25536]] remediation material to the receiving facility is based on other action levels in the final rule that are specifically applied to the affected sources regardless of the source location (i.e., the 10 ppmw action level for process vents in 40 CFR 63.7885 and the 500 ppmw action level for remediation material management units in 40 CFR 63.7886). In cases where transferred remediation material, having an average VOHAP concentration of 10 ppmw or greater, is treated or managed at the receiving facility in vented processes that would be affected sources under subpart GGGGG if located at the transferring facility (40 CFR 63.7882(a)(1)), then these processes must comply with the air emission control requirements for process vents in the final rule (40 CFR 63.7885). In cases where transferred remediation material having an average VOHAP concentration of 500 ppmw or greater is treated or managed at the receiving facility in remediation material management units that would be affected sources under subpart GGGGG (40 CFR 63.7882(a)(2)), these units must comply with the applicable air emission control requirements in the final rule (40 CFR 63.7886). If instead the average VOHAP concentration of the transferred remediation material placed in these remediation material management units at the receiving facility is 10 ppmw or greater but less than 500 ppmw, then the units are not required to meet the air emission control requirements in subpart GGGGG. The only requirement is to document why the transferred remediation material is not subject to the air emission control requirements in subpart GGGGG (i.e., the VOHAP concentration of the material is below the 500 ppmw action level). E. Requirements for Equipment Leaks The general standards in subpart GGGGG of 40 CFR part 63 for process vents and for remediation material management units provide owners and operators an alternative compliance option for those units that are already using air pollution controls to comply with another subpart under 40 CFR part 61 or 40 CFR part 63. Under this option, your unit is not subject to air emission control requirements in subpart GGGGG if the unit is controlled in compliance with the standards specified in the applicable subpart of 40 CFR part 61 or 40 CFR part 63. This means the unit meets all applicable emissions limitations and work practice standards under the other subpart (e.g., you install and operate the required air emission control devices or have implemented the required work practice to reduce HAP emissions to levels specified by the applicable subpart). This provision only applies if the other subpart actually specifies a standard requiring control of HAP emissions from your affected process vents. It does not apply to any exemption of the affected source from using air pollution controls allowed by the other applicable subpart. This compliance option under subpart GGGGG was included in the proposed rule for both process vents and remediation material management units. We received no adverse public comments on allowing this compliance option. The general standards in subpart GGGGG of 40 CFR part 63 do not include a comparable compliance option for those affected equipment leak sources associated with a site remediation that are already using air pollution controls to comply with another subpart under 40 CFR part 61 or 40 CFR part 63. There is no reason not to extend the same compliance option that subpart GGGGG allows for process vents and remediation material management units to equipment leak sources. The exclusion of this type of compliance option under the general standards for equipment leaks from the final rule was an oversight on our part. Therefore, the proposed amendments would add to the general standards for equipment leaks in 40 CFR 63.7887 a compliance option for those affected equipment leak sources that are already using air pollution controls or work practices to comply with another subpart under 40 CFR part 61 or 40 CFR part 63. The proposed regulatory language for this option effectively is the same (with minor wording changes appropriate to equipment leak sources) as used in the final rule for process vents and for remediation material management units that are already using air pollution controls to comply with another subpart under 40 CFR part 61 or 40 CFR part 63. F. Applicability Determination for Remediation Activities at Certain Oil and Natural Gas Production Facilities Since promulgation of the final rule, we have been notified that provisions in the Clean Air Act (CAA) providing special consideration for activities located at certain oil and natural gas production field facilities were not incorporated into the Site Remediation NESHAP. These provisions, under section 112(n)(4)(A) of the CAA, have resulted in incorporation of regulatory text in other regulations that often apply to oil and natural gas production field facilities such as the Oil and Natural Gas Production NESHAP. These provisions were not accounted for in the Site Remediation NESHAP proposed on July 30, 2002. In addition, the issue was not raised by commenters on the proposed rule and, as a result, the final rule does not treat emissions at oil and natural gas production fields differently from those at any other location. Since we believe regulations must be consistent with the CAA, we are proposing amendments to the applicability provisions of the Site Remediation NESHAP to further that outcome. Section 112(n)(4)(A) states: Notwithstanding the provisions of subsection (a) of this section, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources, and in the case of any oil and gas exploration or production well (with its associated equipment), such emissions shall not be aggregated for any purpose under this section. In the Oil and Natural Gas Production NESHAP, 40 CFR part 63 subpart HH, we address the provisions of section 112(n)(4)(A) by limiting the emission points that can be aggregated in the major source determination process at production field facilities. In order to be consistent with both the Oil and Natural Gas Production NESHAP, and section 112 of the CAA, we are proposing amendments to the Site Remediation NESHAP to limit emissions aggregation for major source status determination at production field facilities only, to glycol dehydration units, storage vessels with flash emission potential and site remediation activities. The terms ``production field facility,'' ``glycol dehydration unit,'' and ``storage vessel with the potential for flash emissions'' are all defined terms under the Oil and Natural Gas Production NESHAP (40 CFR 63.761) and will be referenced under the proposed amendments to the Site Remediation NESHAP. G. Other Rule Editorial Corrections Table 1 to subpart GGGGG of 40 CFR part 63 lists the specific organic chemical compounds, isomers, and mixtures that are HAP for purposes of implementing the requirements of subpart GGGGG. The version of table 1 to subpart GGGGG published in October 2003 inadvertently included a listing for the compound 1,1-dimethyl hydrazine that we stated in the preamble for the final rule should not have been listed in the table (68 FR 58175). The proposed [[Page 25537]] amendments would replace table 1 to subpart GGGGG with the correct version of the table excluding the listing for 1,1-dimethyl hydrazine. Amendments to the regulatory language throughout 40 CFR part 63, subpart GGGGG, are proposed to correct terminology, typographical, section cross-reference, or grammatical errors. These amendments would not change any of the technical or administrative requirements of the final rule. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866, (58 FR 51735, October 4, 1993) we must determine whether the regulatory action is ``significant'' and, therefore, subject to OMB review and the requirements of the Executive Order. The Order defines ``significant regulatory action'' as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.'' Pursuant to the terms of Executive Order 12866, OMB has notified EPA that it considers this action a ``significant regulatory action'' within the meaning of the Executive Order. The EPA submitted this action to OMB for review. Changes made in response to OMB suggestions or recommendations will be documented in the public record. B. Paperwork Reduction Act This action does not impose any new information collection burden. The proposed amendments would result in no changes to the information collection requirements of the existing rule. OMB has previously approved the information collection requirements contained in 40 CFR part 63, subpart GGGGG, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060- 0534, EPA ICR number 2062.02. A copy of the OMB approved Information Collection Request (ICR) may be obtained from Susan Auby; Collection Strategies Division; U.S. EPA (2822T); 1200 Pennsylvania Ave., NW.; Washington, DC 20460 or by calling (202) 566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's proposed rule amendments on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's proposed rule amendments on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The small entities that may be directly regulated by the proposed rule include small businesses and small governmental jurisdictions. We have determined that there would be little or no impact on any affected small entities because the proposed rule amendments would amend existing regulations to clarify specific provisions and to correct technical omissions and editorial errors. We continue to be interested in the potential impacts of the proposed rule amendments on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today's proposed rule amendments contain no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal [[Page 25538]] governments or the private sector. The proposed rule amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. Thus, the proposed rule amendments are not subject to the requirements of section 202 and 205 of the UMRA. In addition, the proposed rule amendments contain no regulatory requirements that might significantly or uniquely affect small governments because the burden is small and the regulation does not unfairly apply to small governments. Therefore, the proposed rule amendments are not subject to the requirements of section 203 of the UMRA. E. Executive Order 13132: Federalism Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' The proposed rule amendments do not have federalism implications. Today's action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The proposed rule amendments would amend existing regulations to clarify specific provisions in the existing regulations and to correct technical omissions and editorial errors. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on the proposed rule amendments from State and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' The proposed rule amendments do not have tribal implications, as specified in Executive Order 13175. Today's action will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to the proposed rule amendments. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. The proposed rule is not subject to the Executive Order because it is not economically significant as defined under Executive Order 12866, and because EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. Today's action is based on technology performance and not on health or safety risks and therefore is not subject to Executive Order 13045. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Today's action is not a significant energy action: as defined in Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy because it only clarifies our intent and corrects errors in the existing rule. Further, we have concluded that the proposed rule amendments are not likely to have any adverse energy effects. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs us to use voluntary consensus standards in our regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., material specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA directs us to provide Congress, through OMB, explanations when we decide not use available and applicable voluntary consensus standards. This action does not involve any new technical standards or the incorporation by reference of existing technical standards. Therefore, the consideration of voluntary consensus standards is not relevant to this action. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: April 25, 2006. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63, of the Code of the Federal Regulations is proposed to be amended as follows: PART 63--[AMENDED] 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart GGGGG--[Amended] 2. Section 63.7881 is amended by revising paragraphs (a)(3) and (c) to read as follows: Sec. 63.7881 Am I subject to this subpart? (a) * * * (3) Your facility is a major source of HAP as defined in Sec. 63.2, except that for facilities that are production field facilities, as defined in Sec. 63.761, only HAP emissions from glycol dehydration units, storage vessels with the potential for flash emissions (both as defined in Sec. 63.761), and site remediation activities shall be aggregated for a major source determination. A major source emits or has the potential to emit any single HAP at the rate of 10 tons (9.07 megagrams) or more per year or any combination of [[Page 25539]] HAP at a rate of 25 tons (22.68 megagrams) or more per year. * * * * * (c) Your site remediation activities are not subject to the requirements of this subpart, except for the recordkeeping requirements in this paragraph (c), if the total quantity of the HAP listed in Table 1 to this subpart that is contained in the remediation material excavated, extracted, pumped, or otherwise removed during all of the site remediations conducted at your facility in a calendar year is less than 1 megagram per year (Mg/yr). This exemption applies the 1 Mg/yr limit on a facilitywide, calendar-year basis and there is no restriction of the number of site remediations that can be conducted during this period. You must prepare and maintain at your facility written documentation to support your determination that the total HAP quantity in your remediation materials for the year is less than 1 Mg. The documentation must include a description of your methodology and data used for determining the total HAP content of the remediation material. * * * * * 3. Section 63.7884 is revised to read as follows: Sec. 63.7884 What are the general standards I must meet for each site remediation with affected sources? (a) For each site remediation with affected sources designated under Sec. 63.7882, you must meet the standards specified in Sec. Sec. 63.7885 through 63.7955, as applicable to your affected sources, unless your site remediation meets the requirements for an exemption under paragraph (b) of this section. (b) A site remediation that is completed within 30 consecutive calendar days according to the conditions in paragraphs (b)(1) through (3) of this section is not subject to the standards under paragraph (a) of this section. This exemption cannot be used for a site remediation involving the staged or intermittent cleanup of remediation material whereby the remediation activities at the site are started, stopped, and then re-started in a series of intervals with durations less than 30-days per interval for which the total time of all of the intervals required to complete the site remediation exceeds a total of 30 days. (1) The 30 consecutive calendar day period for a site remediation that qualifies for this exemption is determined according to actions taken by you as defined in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. (i) The first day of the compliance period is defined as the day on which you initiate any action that removes, destroys, degrades, transforms, immobilizes, or otherwise manages the remediation materials. The following activities, when completed before beginning this initial action, are not counted as part of the 30-day period: Activities to characterize the type and extent of the contamination by collecting and analyzing samples; activities to obtain permits from Federal, State, or local authorities to conduct the site remediation; activities to schedule workers and necessary equipment; and activities to arrange for contractor or third party assistance in performing the site remediation. (ii) The last day of the compliance period is defined as the day on which treatment or disposal of all of the remediation materials generated by the cleanup is completed such that the organic constituents in these materials no longer have a reasonable potential for volatilizing and being released to the atmosphere. (2) For the purpose of complying with this paragraph (b)(2), if you ship or otherwise transfer the remediation material off-site you must complete the transfer of all of the material to a facility where your remediation material will be treated or disposed within the 30-day period such that the organic constituents in these materials no longer have a reasonable potential for volatilizing and being released to the atmosphere. If remediation material is to be shipped or otherwise transferred to an off-site facility where the final treatment or disposal of the material cannot be completed within the 30-day period, then the transfer (and subsequent management) of this material is subject to the requirements specified in Sec. 63.7936. (3) You must prepare and maintain at your facility written documentation describing the exempted site remediation, and listing the initiation and completion dates for the site remediation. 4. Section 63.7886 is amended by revising paragraph (b)(2) to read as follows: Sec. 63.7886 What are the general standards I must meet for my affected remediation material management units? * * * * * (b) * * * (2) You determine that the average total VOHAP concentration, as defined in Sec. 63.7957, of the remediation material managed in the remediation material management unit material is less than 500 ppmw. You must follow the requirements in Sec. 63.7943 to demonstrate that the VOHAP concentration of the remediation material is less than 500 ppmw. Once the VOHAP concentration for a remediation material has been determined to be less than 500 ppmw, all remediation material management units downstream from the point of determination managing this material meet the requirements of this paragraph unless a remediation process is used that concentrates all, or part of, the remediation material being managed in the unit such that the VOHAP concentration of the material could increase (e.g., free-product separation). * * * * * 5. Section 63.7887 is revised to read as follows: Sec. 63.7887 What are the general standards I must meet for my affected equipment leak sources? (a) You must control HAP emissions from equipment leaks from each equipment component that is part of the affected source by implementing leak detection and control measures according to the standards specified in Sec. Sec. 63.7920 through 63.7922 unless you elect to meet the requirements in paragraph (b) of this section. (b) If the affected equipment leak source is also subject to another subpart under 40 CFR part 61 or 40 CFR part 63, you may control emissions of the HAP listed in Table 1 to this subpart from the affected equipment leak source in compliance with the standards specified in the other applicable subpart. This means you are complying with all applicable emissions limitations and work practice standards under the other subpart (e.g., you implement leak detection and control measures to reduce HAP emissions as specified by the applicable subpart). This provision does not apply to any exemption of the affected source from the emissions limitations and work practice standards allowed by the other applicable subpart. 6. Section 63.7890 is amended by revising paragraph (b)(2) to read as follows: Sec. 63.7890 What emissions limitations and work practice standards must I meet for process vents? * * * * * (b) * * * (2) Reduce from all affected process vents the emissions of total organic compounds (TOC) (minus methane and ethane) to a level below 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or * * * * * 7. Section 63.7893 is amended by revising paragraph (b) introductory text to read as follows: [[Page 25540]] Sec. 63.7893 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for process vents? * * * * * (b) You must maintain emission levels from all of your affected process vents to meet the facilitywide emission limits in Sec. 63.7890(b) that apply to you, as specified in paragraphs (b)(1) through (4) of this section. * * * * * 8. Section 63.7896 is amended by revising paragraph (b)(2) to read as follows: Sec. 63.7896 How do I demonstrate initial compliance with the emissions limitations and work practice standards for tanks? * * * * * (b) * * * (2) You have determined, according to the procedures in Sec. 63.7944, and recorded the maximum HAP vapor pressure of the remediation material placed in each affected tank subject to Sec. 63.7886(b)(1)(i) that does not use Tank Level 2 controls. * * * * * 9. Section 63.7898 is amended by revising paragraph (e)(2) to read as follows: Sec. 63.7898 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for tanks? * * * * * (e) * * * (2) Visually inspecting the external floating roof according to the requirements in Sec. 63.1063(d)(1) and inspecting the seals according to the requirements in Sec. 63.1063(d)(2) and (3). * * * * * 10. Section 63.7903 is amended by revising paragraphs (a) and (b) introductory text to read as follows: Sec. 63.7903 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for containers? (a) You must demonstrate continuous compliance with the emission limitations and work practice standards in Sec. 63.7900 applicable to your affected containers by meeting the requirements in paragraphs (b) through (e) of this section. (b) You must demonstrate continuous compliance with the requirement to determine the applicable container control level specified in Sec. 63.7900(b) for each affected container by meeting the requirements in paragraphs (b)(1) through (3) of this section. * * * * * 11. Section 63.7913 is amended by revising paragraph (c) introductory text to read as follows: Sec. 63.7913 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for separators? * * * * * (c) You must demonstrate continuous compliance for each separator using a fixed roof vented through a closed vent system to a control device according to Sec. 63.7910(b)(2) by meeting the requirements in paragraphs (c)(1) through (6) of this section. * * * * * 12. Section 63.7915 is amended by revising paragraph (c)(2) to read as follows: Sec. 63.7915 What emissions limitations and work practice standards must I meet for transfer systems? * * * * * (c) * * * (2) A transfer system that consists of continuous hard-piping. All joints or seams between the pipe sections must be permanently or semi- permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed flange). * * * * * 13. Section 63.7917 is amended by revising the first sentence of paragraph (c) to read as follows: Sec. 63.7917 What are my inspection and monitoring requirements for transfer systems? * * * * * (c) If you operate a transfer system consisting of hard piping according to Sec. 63.7917(c)(2), you must annually inspect the unburied portion of pipeline and all joints for leaks and other defects.* * * * * * * * 14. Section 63.7918 is amended by revising paragraph (e) introductory text to read as follows: Sec. 63.7918 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for transfer systems? * * * * * (e) You must demonstrate continuous compliance for each transfer system that is enclosed and vented to a control device according to Sec. 63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) through (5) of this section. * * * * * 15. Section 63.7927 is amended by revising paragraph (b)(3) to read as follows: Sec. 63.7927 What are my inspection and monitoring requirements for closed vent systems and control devices? * * * * * (b) * * * (3) Use a CPMS to measure and record the hourly average temperature of the adsorption bed after regeneration (and within 15 minutes after completing any cooling cycle). * * * * * 16. Section 63.7928 is amended by revising paragraphs (b)(6), (b)(7) and (c) introductory text to read as follows: Sec. 63.7928 How do I demonstrate continuous compliance with the emissions limitations and work practice standards for closed vent systems and control devices? * * * * * (b) * * * (6) If the closed vent system is equipped with a flow indicator, recording the information in Sec. 63.693(c)(2)(i). (7) If the closed vent system is equipped with a seal or locking device, visually inspecting the seal or closure mechanism at least monthly according to the requirements in Sec. 63.693(c)(2)(ii), and recording the results of each inspection. (c) You must demonstrate continuous compliance of each control device subject to the emissions limits in Sec. 63.7925(d) with the applicable emissions limit in Sec. 63.7925(d) by meeting the requirements in paragraph (c)(1) or (2) of this section. * * * * * 17. Section 63.7937 is amended by revising paragraphs (c)(2) and (c)(4)(ii) to read as follows: Sec. 63.7937 How do I demonstrate initial compliance with the general standards? * * * * * (c) * * * (2) If the remediation material managed in the affected remediation material management unit has an average total VOHAP concentration less than 500 ppmw according to Sec. 63.7886(b)(2), you have submitted as part of your notification of compliance status, specified in Sec. 63.7950, a signed statement that you have determined, according to the procedures in Sec. 63.7943, and recorded the average VOHAP concentration of the remediation material placed in the affected remediation material management unit. * * * * * (4) * * * (ii) You will monitor the biological treatment process conducted in each [[Page 25541]] unit according to the requirements in Sec. 63.684(e)(4). * * * * * 18. Section 63.7938 is amended by revising paragraph (c)(4)(ii) to read as follows: Sec. 63.7938 How do I demonstrate continuous compliance with the general standards? * * * * * (c) * * * (4) * * * (ii) Monitoring the biological treatment process conducted in each unit according to the requirements in Sec. 63.7886(4)(i). * * * * * 19. Section 63.7940 is amended by revising paragraph (c) to read as follows: Sec. 63.7940 By what date must I conduct performance tests or other initial compliance demonstrations? * * * * * (c) For new sources, you must conduct initial performance tests and other initial compliance demonstrations according to the provisions in Sec. 63.7(a)(2). 20. Section 63.7941 is amended as follows: a. Revise paragraph (c); b. Revise paragraph (g); and c. Remove and reserve paragraph (h). Sec. 63.7941 How do I conduct a performance test, design evaluation, or other type of initial compliance demonstration? * * * * * (c) If you use a carbon adsorption system, condenser, vapor incinerator, boiler, or process heater to meet an emission limit in this subpart, you may choose to perform a design evaluation to demonstrate initial compliance instead of a performance test. You must perform a design evaluation according to the general requirements in Sec. 63.693(b)(8) and the specific requirements in Sec. 63.693(d)(2)(ii) for a carbon adsorption system (including establishing carbon replacement schedules and associated requirements), Sec. 63.693(e)(2)(ii) for a condenser, Sec. 63.693(f)(2)(ii) for a vapor incinerator, or Sec. 63.693(g)(2)(i)(B) for a boiler or process heater. * * * * * (g) If you are required to conduct a visual inspection of an affected source, you must conduct the inspection according to the procedures in Sec. 63.906(a)(1) for Tank Level 1 controls, Sec. 63.1063(d) for Tank Level 2 controls, Sec. 63.926(a) for Container Level 1 controls, Sec. 63.946(a) for a surface impoundment equipped with a floating membrane cover, Sec. 63.946(b) for a surface impoundment equipped with a cover and vented to a control device, Sec. 63.1047(a) for a separator with a fixed roof, Sec. 63.1047(c) for a separator equipped with a fixed roof and vented to a control device, Sec. 63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec. 63.964(a) for individual drain systems. (h) [Reserved] * * * * * 21. Section 63.7943 is amended as follows: a. Revise paragraph (a); b. Revise paragraph (b) introductory text; c. Revise paragraphs (b)(1) introductory text and (b)(3); and d. Revise paragraph (c) introductory text. Sec. 63.7943 How do I determine the average VOHAP concentration of my remediation material? (a) General requirements. You must determine the average total VOHAP concentration of a remediation material using either direct measurement as specified in paragraph (b) of this section or by knowledge as specified in paragraph (c) of this section. These methods may be used to determine the average VOHAP concentration of any material listed in (a)(1) through (3) of this section. (1) A single remediation material stream; or (2) Two or more remediation material streams that are combined prior to, or within, a remediation material management unit or treatment process; or (3) Remediation material that is combined with one or more non- remediation material streams prior to, or within, a remediation material management unit or treatment process. (b) Direct measurement. To determine the average total VOHAP concentration of a remediation material using direct measurement, you must use the procedures in paragraphs (b)(1) through (3) of this section. (1) Sampling. Samples of each material stream must be collected from the container, pipeline, or other device used to deliver each material stream prior to entering the remediation material management unit or treatment process in a manner such that volatilization of organics contained in the sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. * * * * * (3) Calculations. The average total VOHAP concentration (C) on a mass-weighted basis must be calculated by using the results for all samples analyzed according to paragraph (b)(2) of this section and Equation 1 of this section as follows: [GRAPHIC] [TIFF OMITTED] TP01MY06.001 Where: C = Average VOHAP concentration of the material on a mass-weighted basis, ppmw. i = Individual sample ``i'' of the material. n = Total number of samples of the material collected (at least 4 per stream) for the averaging period (not to exceed 1 year). Qi = Mass quantity of material stream represented by Ci, kilograms per hour (kg/hr). QT = Total mass quantity of all material during the averaging period, kg/hr. Ci = Measured VOHAP concentration of sample ``i'' as determined according to the requirements of paragraph (b)(2) of this section, ppmw. (c) Knowledge of the material. To determine the average total VOHAP concentration of a remediation material using knowledge, you must use the procedures in paragraphs (c)(1) through (3) of this section. * * * * * 22. Section 63.7956 is amended by revising paragraph (c) introductory text to read as follows: Sec. 63.7956 Who implements and enforces this subpart? * * * * * (c) The authorities that cannot be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section. * * * * * 23. Section 63.7957 is amended by removing the definition of ``Point-of-extraction'' and revising the definitions of ``Deviation'' and ``Transfer system'' to read as follows: Sec. 63.7957 What definitions apply to this subpart? * * * * * Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emissions limitation (including any operating limit), or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emissions limitation (including any operating limit), or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or [[Page 25542]] not such failure is permitted by this subpart. * * * * * Transfer system means a stationary system for which the predominant function is to convey liquids or solid materials from one point to another point within a waste management operation or recovery operation. For the purpose of this subpart, the conveyance of material using a container (as defined for this subpart) or a self-propelled vehicle (e.g., a front-end loader) is not a transfer system. Examples of a transfer system include but are not limited to a pipeline, an individual drain system, a gravity-operated conveyor (such as a chute), and a mechanically-powered conveyor (such as a belt or screw conveyor). * * * * * 24. Table 1 to Subpart GGGGG of Part 63 is revised to read as follows: Table 1 to Subpart GGGGG of Part 63.--List of Hazardous Air Pollutants ------------------------------------------------------------------------ CAS No. \a\ Compound name Fm 305 ------------------------------------------------------------------------ 75070............................ Acetaldehyde............. 1.000 75058............................ Acetonitrile............. 0.989 98862............................ Acetophenone............. 0.314 98862............................ Acetophenone............. 0.314 107028........................... Acrolein................. 1.000 107131........................... Acrylonitrile............ 0.999 107051........................... Allyl chloride........... 1.000 71432............................ Benzene (includes benzene 1.000 in gasoline). 98077............................ Benzotrichloride (isomers 0.958 and mixture). 100447........................... Benzyl chloride.......... 1.000 92524............................ Biphenyl................. 0.864 542881........................... Bis(chloromethyl)ether\b\ 0.999 75252............................ Bromoform................ 0.998 106990........................... 1,3-Butadiene............ 1.000 75150............................ Carbon disulfide......... 1.000 56235............................ Carbon Tetrachloride..... 1.000 43581............................ Carbonyl sulfide......... 1.000 133904........................... Chloramben............... 0.633 108907........................... Chlorobenzene............ 1.000 67663............................ Chloroform............... 1.000 107302........................... Chloromethyl methyl 1.000 ether\b\. 126998........................... Chloroprene.............. 1.000 98828............................ Cumene................... 1.000 94757............................ 2,4-D, salts and esters.. 0.167 334883........................... Diazomethane\c\.......... 0.999 132649........................... Dibenzofurans............ 0.967 96128............................ 1,2-Dibromo-3- 1.000 chloropropane. 106467........................... 1,4-Dichlorobenzene (p).. 1.000 107062........................... Dichloroethane (Ethylene 1.000 dichloride). 111444........................... Dichloroethyl ether (Bis 0.757 (2-chloroethylether)). 542756........................... 1,3-Dichloropropene...... 1.000 79447............................ Dimethyl carbamoyl 0.150 chloride\c\. 64675............................ Diethyl sulfate.......... 0.0025 77781............................ Dimethyl sulfate......... 0.086 121697........................... N,N-Dimethylaniline...... 0.0008 51285............................ 2,4-Dinitrophenol........ 0.0077 121142........................... 2,4-Dinitrotoluene....... 0.0848 123911........................... 1,4-Dioxane (1,4- 0.869 Diethyleneoxide). 106898........................... Epichlorohydrin (1-Chloro- 0.939 2,3-epoxypropane). 106887........................... 1,2-Epoxybutane.......... 1.000 140885........................... Ethyl acrylate........... 1.000 100414........................... Ethyl benzene............ 1.000 75003............................ Ethyl chloride 1.000 (Chloroethane). 106934........................... Ethylene dibromide 0.999 (Dibromoethane). 107062........................... Ethylene dichloride (1,2- 1.000 Dichloroethane). 151564........................... Ethylene imine 0.867 (Aziridine). 75218............................ Ethylene oxide........... 1.000 75343............................ Ethylidene dichloride 1.000 (1,1-Dichloroethane). Glycol ethers\d\ that (\e\) have a Henry's Law Constant value equal to or greater than 0.1 Y/ X(1.8 x 10-6 atm/gm-mole/ m\3\) at 25 [deg]C. 118741........................... Hexachlorobenzene........ 0.97 87683............................ Hexachlorobutadiene...... 0.88 67721............................ Hexachloroethane......... 0.499 110543........................... Hexane................... 1.000 78591............................ Isophorone............... 0.506 58899............................ Lindane (all isomers).... 1.000 67561............................ Methanol................. 0.855 74839............................ Methyl bromide 1.000 (Bromomethane). 74873............................ Methyl chloride 1.000 (Choromethane). 71556............................ Methyl chloroform (1,1,1- 1.000 Trichloroethane). 78933............................ Methyl ethyl ketone (2- 0.990 Butanone). 74884............................ Methyl iodide 1.000 (Iodomethane). [[Page 25543]] 108101........................... Methyl isobutyl ketone 0.979 (Hexone). 624839........................... Methyl isocyanate........ 1.000 80626............................ Methyl methacrylate...... 0.999 1634044.......................... Methyl tert butyl ether.. 1.000 75092............................ Methylene chloride 1.000 (Dichloromethane). 91203............................ Naphthalene.............. 0.994 98953............................ Nitrobenzene............. 0.394 79469............................ 2-Nitropropane........... 0.989 82688............................ Pentachloronitrobenzene 0.839 (Quintobenzene). 87865............................ Pentachlorophenol........ 0.0898 75445............................ Phosgene \c\............. 1.000 123386........................... Propionaldehyde.......... 0.999 78875............................ Propylene dichloride (1,2- 1.000 Dichloropropane). 75569............................ Propylene oxide.......... 1.000 75558............................ 1,2-Propylenimine (2- 0.945 Methyl aziridine). 100425........................... Styrene.................. 1.000 96093............................ Styrene oxide............ 0.830 79345............................ 1,1,2,2-Tetrachloroethane 0.999 127184........................... Tetrachloroethylene 1.000 (Perchloroethylene). 108883........................... Toluene.................. 1.000 95534............................ o-Toluidine.............. 0.152 120821........................... 1,2,4-Trichlorobenzene... 1.000 71556............................ 1,1,1-Trichloroethane 1.000 (Methyl chlorform). 79005............................ 1,1,2-Trichloroethane 1.000 (Vinyltrichloride). 79016............................ Trichloroethylene........ 1.000 95954............................ 2,4,5-Trichlorophenol.... 0.108 88062............................ 2,4,6-Trichlorophenol.... 0.132 121448........................... Triethylamine............ 1.000 540841........................... 2,2,4-Trimethylpentane... 1.000 108054........................... Vinyl acetate............ 1.000 593602........................... Vinyl bromide............ 1.000 75014............................ Vinyl chloride........... 1.000 75354............................ Vinylidene chloride (1,1- 1.000 Dichloroethylene). 1330207.......................... Xylenes (isomers and 1.000 mixture). 95476............................ o-Xylenes................ 1.000 108383........................... m-Xylenes................ 1.000 106423........................... p-Xylenes................ 1.000 ------------------------------------------------------------------------ Notes: Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63, appendix A. \a\ CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers, or mixtures of compounds. \b\ Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals. \c\ Denotes a HAP that may react violently with water. \d\ Denotes a HAP that hydrolyzes slowly in water. \e\ The Fm 305 factors for some of the more common glycol 305 ethers can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. 25. Table 3 to Subpart GGGGG is amended by revising the entry for ``63.7(c)'' to read as follows: Table 3 to Subpart GGGGG of Part 63.--Applicability of General Provisions to Subpart GGGGG * * * * * * * ---------------------------------------------------------------------------------------------------------------- Citation Subject Brief description Applies to Subpart GGGGG ---------------------------------------------------------------------------------------------------------------- * * * * * * * Sec. 63.7(c)........ Quality Assurance/ Requirement to submit site-specific Yes. Test Plan. test plan 60 days before the test or on date Administrator agrees with: Test plan approval procedures; performance audit requirements; internal and external QA procedures for testing. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 25544]] [FR Doc. 06-4080 Filed 4-28-06; 8:45 am] BILLING CODE 6560-50-P

usgpo

2024-10-08T14:08:33.549244

FR

FR-2006-05-01/06-4069

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Page 25544] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4069] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Parts 27, 37, 38 [Docket No. OST-2006-23985] RIN 2105-AD54 Transportation for Individuals With Disabilities AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Extension of comment period on proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department is extending through July 28, 2006, the period for interested persons to submit comments to its proposed rule concerning modifications to the Department's Americans with Disabilities Act and related rules. DATES: Comments must be received by July 28, 2006. Comments received after this date will be considered to the extent practicable. ADDRESSES: You may submit comments identified by the docket number [OST-2006-23985] by any of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov (follow the instructions for submitting comments); (2) Web Site: http://dms.dot.gov (follow the instructions for submitting comments on the DOT electronic docket site); (3) Fax: 1-202-493-2251; (4) Mail: Docket Management System; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001; or (5) Hand Delivery: To the Docket Management System; Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. You should include the agency name and docket number [OST-2006- 23985] or the Regulatory Identification Number (RIN) for this notice at the beginning of your comment. Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Please see the Privacy Act section of this document. You may view the public docket through the Internet at http://dms.dot.gov or in person at the Docket Management System office at the above address. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, 400 7th Street, SW., Room 10424, Washington DC 29590. Phone: 202-366-9310. TTY: 202-755- 7687. Fax: 202-366-9313. E-mail: [email protected] . SUPPLEMENTARY INFORMATION: On February 27, 2006, the Department of Transportation (DOT or Department) issued a notice of proposed rulemaking (NPRM) that proposed to amend the Department's Americans with Disabilities Act (ADA) rule and related regulations (71 FR 9761). The proposed amendments concerned a variety of subjects, including rail station platform accessibility and ADA paratransit system requirements. The NPRM also sought comment on several upcoming issues of interest concerning surface transportation accessibility. The comment closing dates were April 28 for the proposed amendments to the ADA and related rules and May 28 for the other issues on which the Department sought comment. On April 7, 2006, Amtrak, supported by the Association of American Railroads, requested an extension of the comment period through July 28, 2006, citing concerns about the effects of proposed amendments concerning rail station platform accessibility on its statutory obligation to make its stations accessible by 2010. The Department agrees that an extension of the comment period would be useful to permit Amtrak additional time to assess its situation with respect to rail station accessibility, as it may be affected by the proposed rule. In addition, such an extension will give other parties additional time to consider the issues the NPRM raises and provide thoughtful comments to the Department. Accordingly, the Department finds that good cause exists to extend the comment period on the proposed rule from April 28, 2006, to July 28, 2006. This extension applies to all parts of the NPRM. Issued in Washington, DC, this 24th day of April, 2006. Jeffrey A. Rosen, General Counsel. [FR Doc. 06-4069 Filed 4-28-06; 8:45 am] BILLING CODE 4910-9X-P

usgpo

2024-10-08T14:08:33.574724

FR

FR-2006-05-01/E6-6504

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25544-25558] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6504] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 060406098-6098-01; I.D. 030706D] RIN 0648-AT46 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. Notice; availability of Environmental Assessment. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS or Sanctuary) for an authorization to take small numbers of marine mammals, by harassment, incidental to permitting professional fireworks displays within the Sanctuary in California waters. By this document, NMFS is proposing regulations to govern that take. In order to issue a Letter of Authorization (LOA) and issue final regulations governing the take, NMFS must determine that the taking will have a negligible impact on the species or stocks and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses. DATES: Comments and information must be received no later than May 31, 2006. ADDRESSES: Comments on the application and proposed rule may be submitted using the identifier 030706D, by any of the following methods: E-mail: [email protected]. Comments sent via e-mail, including all attachments, must not exceed a 10-megabyte file size. Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Hand-delivery or mailing of paper, disk, or CD-ROM comments should be addressed to: Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910- 3225. A copy of the application containing a list of references used in this document may be obtained by writing to the above address, by telephoning the contact listed under FOR FURTHER [[Page 25545]] INFORMATION CONTACT, or at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this proposed rule may also be viewed, by appointment, during regular business hours at the above address. To help NMFS process and review comments more efficiently, please use only one method to submit comments. Comments regarding the burden-hour estimate or any other aspect of the collection of information requirement contained in this proposed rule should be sent to NMFS via the means stated above, and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: David Rostker, Washington, DC 20503, or by e- mail at [email protected], or by fax at (202) 395-7285. FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected Resources, NMFS, (301) 713-2289, ext 166, or Monica DeAngelis, NMFS, Southwest Regional Office, (562) 980-3232. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region. The Secretary will allow an incidental take if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have no more than a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses. The permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking shall be prescribed. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Except for certain categories of activities not pertinent here, the MMPA defines ``harassment'' as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [``Level A harassment'']; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [``Level B harassment'']. Summary of Request On May 10, 2002, NMFS received an application from the MBNMS requesting a 1-year Incidental Harassment Authorization (IHA) under section 101(a)(5)(D) and, subsequently, the issuance of regulations governing authorizations for a 5-year period under section 101(a)(5)(A) of the MMPA for the potential harassment of California sea lions (Zalophus californianus) and Pacific harbor seals (Phoca vitulina) incidental to coastal fireworks displays conducted at MBNMS under permits issued by MBNMS to commercial companies. On July 4, 2005, NMFS issued an IHA to MBNMS (70 FR 39235, July 7, 2005) and that IHA expires on July 3, 2006. The MBNMS adjoins 276 mi (444 km) or 25 percent of the central California coastline, and encompasses ocean waters from mean high tide to an average of 25 mi (40 km) offshore between Rocky Point in Marin County and Cambria in San Luis Obispo County. Fireworks displays have been conducted over current MBNMS waters for many years as part of national and community celebrations (such as Independence Day and municipal anniversaries), and to foster public use and enjoyment of the marine environment. The marine venue for this activity is the preferred setting for fireworks in central California in order to optimize public access and avoid the fire hazard associated with terrestrial display sites. Many fireworks displays occur at the height of the dry season in central California, when area vegetation is particularly prone to ignition from sparks or embers. In 1992, the MBNMS was the first national marine sanctuary (NMS) to be designated along urban shorelines and therefore has addressed many regulatory issues previously not encountered by the NMS program. ZZAuthorization of professional firework displays has required a steady refinement of policies and procedures toward this activity as more is learned about its impacts to the environment. Specified Activities Since 1993, the MBNMS, a component of NOAA, has processed requests for the professional display of fireworks that affect the Sanctuary. The MBNMS has determined that debris fallout (spent pyrotechnic materials) from fireworks events may constitute a discharge into the Sanctuary and thus a violate Sanctuary regulations, unless a ZZ authorization is issued by the Sanctuary. Therefore, sponsors of fireworks displays conducted in the MBNMS are required to obtain Sanctuary authorization prior to conducting such displays (see 15 CFR 922.132). Professional pyrotechnic devices used in fireworks displays can be grouped into three general categories: aerial shells (paper and cardboard spheres or cylinders ranging from 2 in (5 cm) to 12 in (30 cm) in diameter and filled with incendiary materials), low-level comet and multi-shot devices similar to over-the-counter fireworks such as roman candles, and set piece displays that are mostly static in nature and are mounted on the ground. Aerial shells are launched from tubes (called mortars), using black powder charges, to altitudes of 200 to 1000 ft (61 to 305 m) where they explode and ignite internal burst charges and incendiary chemicals. Most of the incendiary elements and shell casings burn up in the atmosphere; however, portions of the casings and some internal structural components and chemical residue fall back to the ground or water, depending on prevailing winds. An aerial shell casing is constructed of paper/cardboard or plastic and may include some plastic or paper internal components used to compartmentalize chemicals within the shell. Within the shell casing is a burst charge (usually black powder) and a recipe of various chemical pellets (stars) that emit prescribed colors when ignited. Some of the chemicals commonly used in the manufacturing of pyrotechnic devices are potassium chlorate, potassium perchlorate, potassium nitrate, sodium benzoate, sodium oxalate, ammonium, perchlorate, strontium nitrate, strontium carbonate, sulfur, charcoal, copper oxide, polyvinyl chloride, iron, titanium, shellac, dextrine, phenolic resin, and aluminum. Manufacturers consider the amount and composition of chemicals within a given shell to be proprietary information and only release aggregate descriptions of internal shell components. The arrangement and packing of stars and burst charges within the shell determine the type of effect produced upon detonation. Attached to the bottom of an aerial shell is a lift charge of black powder. The lift charge and shell are placed at the bottom of a mortar that has been buried in earth/sand or affixed to a wooden rack. A fuse attached to the lift charge is ignited with an electric charge or heat source, the lift charge explodes, [[Page 25546]] and propels the shell through the mortar tube and into the air to a height determined by the amount of powder in the lift charge and the weight of the shell. As the shell travels skyward, a time-delay secondary fuse is burning that eventually ignites the burst charge within the shell at peak altitude. The burst charge detonates, igniting and scattering the stars, which may, in turn, possess small secondary explosions. Shells can be launched one at a time or in a barrage of simultaneous or quick succession launches. They are designed to detonate between 200 and 1000 ft (61 to 305) above ground level (AGL). In addition to color shells (also known as designer or starburst shells), a typical fireworks show will usually include a number of aerial ``salute'' shells. The primary purpose of salute shells is to announce the beginning and end of the show and produce a loud percussive audible effect. These shells are typically two to three inches (five to seven centimeters) in diameter and packed with black powder to produce a punctuated explosive burst at high altitude. From a distance, these shells sound similar to cannon fire when detonated. Low-level devices consist of stars packed linearly within a tube, and when ignited, the stars exit the tube in succession producing a fountain effect of single or multi-colored light as the stars incinerate through the course of their flight. Typically, the stars burn rather than explode, thus producing a ball or trail of sparkling light to a prescribed altitude where they simply extinguish. Sometimes they may terminate with a small explosion similar to a firecracker. Other low-level devices emit a projected hail of colored sparks or perform erratic low-level flight while emitting a high-pitched whistle. Some emit a pulsing light pattern or crackling or popping sound effects. In general, low-level launch devices and encasements remain on the ground or attached to a fixed structure and can be removed upon completion of the display. Common low-level devices are multi-shot devices, mines, comets, meteors, candles, strobe pots and gerbs. They are designed to produce effects between 0 and 200 ft (61 m) AGL. Set piece or ground level fireworks are primarily static in nature and remain close to the ground. They are usually attached to a framework that may be crafted in the design of a logo or familiar shape, illuminated by pyrotechnic devices such as flares, sparklers and strobes. These fireworks typically employ bright flares and sparkling effects that may also emit limited sound effects such as cracking, popping, or whistling. Set pieces are usually used in concert with low- level effects or an aerial show and sometimes act as a centerpiece for the display. It may have some moving parts, but typically does not launch devices into the air. Set piece displays are designed to produce effects between 0 and 50 ft (15 m) AGL. Each display is unique according to the type and number ofshells, the pace of the show, the length of the show, the acoustic qualities of the display site, and even the weather and time of day. The vast majority (97 percent) of fireworks displays ZZ authorized in the Sanctuary between 1993 and 2005 were aerial displays that usually included simultaneous low-level displays. An average large display will last 20 minutes and include 700 aerial shells and 750 low-level effects. An average smaller display lasts approximately seven minutes and includes 300 aerial shells and 550 low-level effects. There seems to be a declining trend in the total number of shells used in aerial displays, due to increasing shell costs and/or fixed entertainment budgets. Low-level displays sometimes compensate for the absence of an aerial show by squeezing a larger number of effects into a shorter timeframe. This results in a dramatic and rapid burst of light and sound effects at low level. A large low-level display may expend 4,900 effects within a 7-minute period, and a small display will use an average of 1,800 effects within the same timeframe. Some fireworks displays are synchronized with musical broadcasts over loudspeakers and may incorporate other non-pyrotechnic sound and visual effects. The MBNMS has issued 67 permits for professional fireworks displays since 1993 (five in 2005) and 5 applications are currently being processed (as of March 2006). Four fireworks display applications have been directed to areas outside the Sanctuary. However, the MBNMS staff projects that as many as 20 coastal displays per year may be conducted in, or adjacent to, MBNMS boundaries in the future. The number of displays will be limited to not more than 20 events per year in four specific areas along 276 mi (444 km) of coastline. Fireworks displays will not exceed 30 minutes (with the exception of up to two displays per year, not to exceed 1 hour) in duration and will occur with an average frequency of less than or equal to once every two months within each of the four prescribed display areas. Initially, the MBNMS believed that it could minimize potential light, sound, and debris impacts to the Sanctuary and marine mammals through permit conditions to limit the location, timing, and composition of professional fireworks events affecting the MBNMS. However, due to observations over the past several years and through consultation with NMFS' Southwest Region, it appears that some fireworks displays resulted in incidental take of marine mammals by Level B harassment. NMFS believes that the nature of the take will be the short-term flushing and evacuation of non-breeding haulout sites by California sea lions and Pacific harbor seals. A more detailed description of the fireworks displays permitted by MBNMS may be found in the application or in MBNMS' 2001 Assessment of Pyrotechnic Displays and Impacts Within the MBNMS, which are available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Description of Habitat and Marine Mammals Affected by the Activity Habitat and Fireworks Display Areas The Monterey Bay area is located in the Oregonian province subdivision of the Eastern Pacific Boreal Region. The six types of habitats found in the bay area are: (1) Submarine canyon habitat, (2) nearshore sublittoral habitat, (3) rocky intertidal habitat, (4) sandy beach intertidal habitat, (5) kelp forest habitat, and (6) estuarine/ slough habitat. Monterey Bay supports a wide array of temperate cold- water species with occasional influxes of warm-water species, and this species diversity is directly related to the diversity of habitats. Pyrotechnic displays within the Sanctuary are conducted from a variety of coastal launch sites - beaches, bluff tops, piers, offshore barges, and golf course sand traps and tee boxes. In the past, authorized displays have been confined to eight general locations in the Sanctuary. However, future permitted fireworks displays will be confined to only four general prescribed areas (with seven total sub- sites) within the Sanctuary, while displays along the remaining 95 percent of Sanctuary coastal waters will be prohibited. These sites were approved for fireworks events based on their proximity to urban areas and pre-existent high human use patterns, seasonal considerations such as the abundance and distribution of marine wildlife, and the acclimation of wildlife to human activities and elevated ambient noise levels in the area. The four conditional display areas are located at Half Moon Bay, the Santa Cruz/Soquel area, the northeastern Monterey Peninsula, and Cambria [[Page 25547]] (Santa Rosa Creek)(see Map A in the application). The number of displays will be limited to not more than 20 total events per year within these four specific areas combined, along the whole 276 mi (444 km) of coastline. 1. Half Moon Bay Site Description: This site has been used annually for a medium- sized Independence Day fireworks display on July 4, which lasts about 20 minutes. The launch site is on a sandy beach inside and adjacent to the east outer breakwater, upon which the aerial shells are launched and aimed to the southwest. The marine venue adjacent to Pillar Point Harbor is preferred for optimal public access and to avoid the fire hazard associated with terrestrial display sites. The fireworks display occurs at the height of the dry season in central California, when area vegetation is particularly prone to ignition from sparks or embers. Human Use Patterns: The harbor immediately adjacent to the impact area is home to a major commercial fishing fleet that operates at all times of the day and night throughout the year. The harbor also supports a considerable volume of recreational boat traffic. Half Moon Bay Airport is located adjacent to the harbor, and approach and departure routes pass directly over the acute impact area. The airport is commonly used by general aviation pilots for training, with an annual average attendance of approximately 15 flights per day. On clear sunny weekends, the airport may accommodate as many as 50 flights in a single day. Beachgoers and water sport enthusiasts use the beaches to the south of the launch site. The impact area is also used by recreational fishermen, surfers, swimmers, boaters, and personal watercraft operators. To the north, around Pillar Point is an area known as ``Mavericks'', considered a world-class surfing destination. Periodically, surfing contests are held at Mavericks. The impact area is also subjected to daily traffic noise from California Highway 1, which runs along the coast and is the primary travel route through the area. Marine Mammals at Fireworks Sites: A considerable concentration of harbor seals are present to the north around Pillar Point and on the coast to the south of the launch site. Sea otters are not concentrated in the impact area, though some individuals may be present. It is possible that individual elephant seals may enter the area from breeding sites at Ano Nuevo Island and the Farallon Islands, but breeding occurs in the winter and displays in Half Moon Bay are limited to summer. Gray whales typically migrate west of the reefs extending south from Pillar Point. 2. Santa Cruz/Soquel Site Description: Three separate fireworks display sites (Santa Cruz, Capitolas, and Aptos) are located within the Santa Cruz/Soquel area. The Santa Cruz launch site has been used annually for City anniversary fireworks displays in early October. The launch site is on a sandy beach, adjacent to the Santa Cruz Boardwalk and the San Lorenzo River and along the west bank. The aerial shells are aimed to the south. The Capitola launch site has been used only once since 1993 for a 50-year City anniversary fireworks display on May 23, 1999. This display was the largest volume fireworks display conducted in the MBNMS to date, incorporating 1700 aerial shells and 1800 low-level effects and lasting 25 minutes. The launch site was on the Capitola Municipal Pier, adjacent to the City of Capitola. The aerial shells were aimed above the pier. The Aptos site has been used annually for a large fundraiser for Aptos area schools in October. The launch site is on the Aptos Pier and part of a grounded cement barge at Seacliff State Beach. The aerial shells are aimed above and to the south of the pier. The large aerial show lasts for approximately 20 minutes. Human Use Patterns: The harbor immediately adjacent to the Santa Cruz impact area is home to a commercial fishing fleet that operates at all times of the day throughout the year. The harbor primarily supports a large volume of recreational boater traffic. The launch site is in the center of the shoreline of a major urban coastal city. The beaches to the west of the launch site are adjacent to a large coastal amusement park complex and are used extensively by beachgoers and water sport enthusiasts from the local area as well as San Jose and San Francisco. The impact area is used by boaters, recreational fishermen, swimmers, surfers, and other recreational users. Immediately southwest of the launch site is a mooring field and the Santa Cruz Municipal Pier which is lined with retail shops, restaurants, and offices. To the west of the pier is a popular local surfing destination known as ``Steamer Lane.'' Surfing contests are routinely held at the site. During the period from sunset through the duration of the fireworks display, 40-70 vessels anchor within the acute impact area to view the fireworks. Vessels criss-cross through the waters south of the launch site to take up position. In addition, U. S. Coast Guard and harbor patrol vessels motor through the impact area to maintain a safety zone around the launch site. The Capitola impact area is immediately adjacent to a small urban community. The beaches to the east and west of the launch site are used daily by beachgoers and water sport enthusiasts from the regional area. The impact area is used by boaters, recreational fishermen, swimmers, surfers, and other recreational users. To the east of the Pier is a mooring field and popular public beach. The Aptos impact area is immediately adjacent to a recreational beach. The beaches to the east and west of the launch site are used daily by beachgoers and water sport enthusiasts from the regional area. The impact area is used by boaters, recreational fishermen, swimmers, surfers, and other recreational users, but typically at moderate to light levels of activity. To the east and west of the Pier are public use beach areas and private homes at the top of steep coastal bluffs. During the period from sunset through the duration of the fireworks display, 30-40 vessels anchor within the acute impact area to view the fireworks. Vessels criss-cross through the waters seaward of the cement barge to take up position. In addition, U. S. Coast Guard and State Park Lifeguard vessels motor through the impact area to maintain a safety zone around the launch site. Marine Mammals at the Fireworks Sites: California sea lions routinely use the Santa Cruz Municipal Pier as a haulout and resting site. Gray whales typically migrate along a southerly course, west of Point Santa Cruz and away from the pier. Sea otters are moderately concentrated in the impact areas near the Capitola Municipal Pier and Aptos Pier, primarily in and around the nearshore kelp forests. At the seaward end of the Aptos Pier is a 400-foot (122-meter) grounded cement barge. The barge was set in position as an extension of the pier, but has since been secured against public access. The exposed interior decks of the barge have created convenient haulout surfaces for harbor seals. In a 2000 survey, the MBNMS recorded as many as 45 harbor seals hauled out on the barge in the month of October. 3. Monterey Peninsula Site Description: Two separate fireworks display sites (City of Monterey and Pacific Grove) are located within the Monterey Peninsula Area. Each Independence Day, the City of Monterey launches approximately 750 shells and an equal number of low-level effects from a barge anchored approximately [[Page 25548]] 1000 ft (305 m) east of Municipal Wharf II and 1000 feet (305 meter) north of Del Monte Beach. The aerial shells are aimed above and to the northeast. The City's display lasts approximately 20 minutes and is accompanied by music broadcasted from speakers on Wharf II. The marine venue adjacent to Monterey Harbor is preferred for optimal public access and to avoid the fire hazard associated with terrestrial display sites. The fireworks display occurs at the height of the dry season in central California, when area vegetation is particularly prone to ignition from sparks or embers. Since 1999, a Monterey New Year's festival has used the City's launch barge for an annual fireworks display. The medium-size aerial display lasts approximately 8 minutes. In addition, three private displays (1993, 1998, and 2000) have been authorized from a launch site on Del Monte Beach. The 1993 display was an aerial display. Subsequent displays have been low-level displays, lasting approximately 7 minutes. Map D shows the location of and habitats found within the Monterey Fireworks Launch Sites. The Pacific Grove site has been used annually for a ``Feast of Lanterns'' fireworks display in late July. The Feast of Lanterns is a community event that has been celebrated in the City of Pacific Grove for over 95 years. The fireworks launch site is at the top of a rocky coastal bluff adjacent to an urban recreation trail and public road. The aerial shells are aimed to the northeast. The small aerial display lasts approximately twenty minutes and is accompanied by music broadcasted from speakers at Lover's Cove. The fireworks are part of a traditional outdoor play that concludes the festival. The marine venue is preferred for optimal public access and to avoid the fire hazard associated with terrestrial display sites. The fireworks display occurs at the height of the dry season in central California, when area vegetation is particularly prone to ignition from sparks or embers. Human Use Patterns: The Monterey fireworks impact area lies directly under the approach/departure flight path for Monterey Peninsula Airport (MRY) and is commonly exposed to noise and exhaust from general aviation, commercial, and military aircraft at approximately 500 ft (152 m) altitude. The airport supports approximately 280 landings/takeoffs per day in addition to touch-and- goes (landing and takeoff training). Commercial and recreational vessels operate in the area during day and night hours from the adjacent harbor. A 30-station mooring field lies within the acute impact area between the launch barge and Municipal Wharf II. The moorings are completely occupied during the annual fireworks event. Auto traffic and emergency vehicles are audible from Lighthouse and Del Monte Avenues, main transportation arteries along the adjacent shoreline. The impact area is utilized by thousands of people each week for boating, kayaking, scuba diving, fishing, swimming, and harbor operations. During the period from sunset through the duration of the fireworks display, 20-30 vessels anchor within the acute impact area to view the fireworks. Vessels criss-cross through the waters south of the launch site to take up position. In addition, U. S. Coast Guard and harbor patrol vessels motor through the impact area to maintain a safety zone around the launch site. The Pacific Grove launch site is in the center of an urban shoreline, adjacent to a primary public beach in Pacific Grove. The shoreline to the east and west of the launch site is lined with residences and a public road and pedestrian trail. The impact area is used by boaters, recreational fishermen, swimmers, surfers, divers, beachgoers, tidepoolers, and others. The center of the impact area is in a cove with 30-40 ft (9-12 m) coastal bluffs. Immediately north of the launch site is a popular day use beach area. On a clear summer day, the beach may support up to 500 visitors at any given time. Surfing activity is common immediately north of the site. During the period from sunset through the duration of the fireworks display, 10-20 vessels anchor within the acute impact area to view the fireworks. A U. S. Coast Guard vessel motors through the impact area to maintain a safety zone seaward of the launch site. Marine Mammals at the Fireworks Sites: The largest concentration of wildlife near the Monterey impact area are California sea lions and marine birds resting at the Monterey breakwater approximately 700 yards (640 meters) northwest of the center of the impact area. Several sea otters are present within Monterey Harbor and the acute impact area during the time of the fireworks display. Otters outside the harbor are most concentrated to the northwest of the Monterey breakwater; however, otters routinely forage and loiter within the acute impact area and along the shoreline to the north. Sea otters and pups routinely forage and loiter within the Pacific Grove acute impact area in moderate numbers. Harbor seals routinely use offshore rocks and wash rocks for haulout and also forage in the area. 4. Cambria Site Description: The site has been used annually for a small Independence Day fireworks display on July 4, which lasts approximately 20 minutes. The launch site is on a sandy beach at Shamel County Park, and the aerial shells are aimed to the west. Immediately north of the launch site is the mouth of Santa Rosa Creek and Lagoon. The marine venue is preferred for optimal public access and to avoid the fire hazard associated with terrestrial display sites. The fireworks display occurs at the height of the dry season in central California, when area vegetation is particularly prone to ignition from sparks or embers. Human Use Patterns: The impact area is immediately adjacent to a county park and recreational beach. The impact area is used by boaters, recreational fishermen, swimmers, surfers, and beachgoers. The shoreline south of the launch site is lined with hotels, abuts a residential neighborhood, and is part of San Simeon State Beach. Marine Mammals at the Fireworks Site: The impact area includes low concentrations of harbor seals. Sea otters and sea lions are present in the impact area in moderate numbers. It is possible that individual elephant seals may enter the area from breeding sites to the north at Point Piedras Blancas, but breeding occurs in the winter and displays at Cambria are limited to the summer. Gray whales migrate along the coast in this area and may pass through the acute impact area, but July is not peak gray whale migration period. Marine Mammals Potentially Affected by the Activity Twenty-six species of marine mammals may be found in the Monterey Bay area (see Table 1 in the MBNMS application). Only six of these species, however, are likely to be present in the acute impact area (the area where sound, light, and debris effects have direct impacts on marine organisms and habitats) during a fireworks display. These species include the California sea lion, Pacific harbor seal, southern sea otter (Enhydra lutris neries) bottlenose dolphin (Tursiops truncatus), harbor porpoise (Phocoena phocoena), and the California gray whale (Eschrichtius robustus). The northern elephant seal (Mirounga angustirostris) is rarely seen in the area. Though the three abovementioned cetaceans (bottlenose dolphins, harbor porpoises, and California Gray whales) are known to frequent nearshore areas within the Sanctuary, they have never been reported in the vicinity of a [[Page 25549]] fireworks display, nor have there been any reports to the MBNMS of strandings or injured/dead animals discovered after any display. Since sound does not transmit well between air and water, these animals would likely not encounter the effects of fireworks except when surfacing for air. NMFS does not anticipate any take of cetaceans and they are not addressed further in this document. Past Sanctuary observations have not detected any disturbance to sea otters as a result of the fireworks displays; however, past observations have not included specific surveys for this species. Sea otters do frequent all general display areas. Sea otters and other species may temporarily depart the area prior to the beginning of the fireworks display due to increased human activities. Some sea otters in Monterey harbor have become quite acclimated to very intense human activity, often continuing to feed undisturbed as boats pass simultaneously on either side and within 20 ft (6 m) of the otters. It is therefore possible that select individual otters may have a higher tolerance level than others to fireworks displays. Otters in residence within the Monterey harbor display a greater tolerance for intensive human activity than their counterparts in more remote locations. The MBNMS consulted with the U.S. Fish and Wildlife Service (USFWS) pursuant to section 7 of the Endangered Species Act (ESA) regarding effects on southern sea otters because the USFWS is the agency with jurisdiction over sea otters. The USFWS concluded in a biological opinion that take of sea otters is not likely. The northern elephant seal is seen so infrequently in the areas with fireworks displays that they are not likely to be impacted by fireworks displays. Therefore, the only species likely to be harassed by the fireworks displays are the California sea lion and the Pacific harbor seal. Additional information regarding these species can be found in Folkens' Guide to the Marine Mammals of the World (2002) and in the NMFS stock assessments on the NMFS website: http://www.nmfs.noaa.gov/pr/PR2/Stock_Assessment_Program/individual_sars.html. Information relevant to the distribution, abundance and behavior of the species that are most likely to be impacted by fireworks displays within the MBNMS, is provided below. California Sea Lions The population of California sea lions ranges from southern Mexico to southwestern Canada (Caretta et al., 2004). In the United States, after pupping in late May to June, they breed during July, primarily in the Channel Islands of California. Most individuals of this species breed on the Channel Islands off southern California (100 mi (161 km) south of the MBNMS) and off Baja and mainland Mexico (Odell, 1981), although a few pups have been born on Ano Nuevo Island (Keith et al., 1984). Following the breeding season on the Channel Islands, most adult and sub-adult males migrate northward to central and northern California and to the Pacific Northwest, while most females and young animals either remain on or near the breeding grounds throughout the year or move southward or northward, as far as Monterey Bay. Since nearing extinction in the early 1900's, the California sea lion population has increased and is now robust and growing at a current rate of 5.4 to 6.1 percent per year (based on pup counts) with an estimated ``minimum'' population (U.S. west coast) of 138,881 animals. The actual population level may be as high as 237,000 to 244,000 animals. The population is not listed as ``endangered'' or ``threatened'' under the ESA, nor is this species a ``depleted'' or a ``strategic stock'' under the MMPA. In any season, California sea lions are the most abundant pinniped in the area (Bonnell et al., 1983), primarily using the central California area to feed during the non-breeding season. After breeding farther south along the coast and migrating northward, populations peak in the Monterey Bay area in fall and winter and are at their lowest numbers in spring and early summer. A minimum of 12,000 California sea lions are probably present at any given time in the MBNMS region. Ano Nuevo Island is the largest single haul-out site in the Sanctuary, hosting as many as 9,000 California sea lions at times (Weise, 2000; Lowry, 2001). Pacific Harbor Seals Harbor seals are distributed throughout the west coast of the United States, inhabiting near-shore coastal and estuarine areas from Baja California, Mexico, to the Pribilof Islands in Alaska. They generally do not migrate, but have been known to travel extensive distances to find food or suitable breeding areas (Caretta et al., 2004). In California, approximately 400-500 harbor seal haulout sites are widely distributed along the mainland and on offshore islands (Caretta et al., 2004). The harbor seal population in California is healthy and growing at a current rate of 3.5 percent per year with an estimated ``minimum'' population (California) of 25,720 animals (Caretta et al., 2004). The California population is estimated at 27,863 animals. The population is not listed as ``endangered'' or ``threatened'' under the ESA; nor is this species a ``depleted'' or a ``strategic stock'' under the MMPA. Harbor seals are residents in the MBNMS throughout the year, occurring mainly near the coast. They haul out at dozens of sites along the coast from Point Sur to Ano Nuevo. Within MBNMS, tagged harbor seals have been documented to move substantial distances (10-20 km (3.9-7.8 mi)) to foraging areas each night (Oxman, 1995; Trumble, 1995). The species does breed in the Sanctuary, and pupping within the Sanctuary occurs primarily during March and April followed by a molt during May and June. Peak abundance on land within the Sanctuary is reached in late spring and early summer when they haul out to breed, give birth to pups, and molt (MBNMS FEIS, 1992). Potential Effects of Activities on Marine Mammals Acoustic and Light Effects The primary causes of disturbance are sound effects and light flashes from exploding fireworks. Pyrotechnic devices that operate at higher altitudes are more likely to have a larger acute impact area (such as aerial shells), while ground and low-level devices have more confined effects. Acute impact area is defined as the area where sound, light, and debris effects have direct impacts on marine organisms and habitats. Direct impacts include, but are not limited to, immediate physical and physiological impacts such as abrupt changes in behavior, flight response, diving, evading, flushing, cessation of feeding, and physical impairment or mortality. The largest commercial aerial shells used within the Sanctuary are 10-12 in (25-30 cm) in diameter and reach a maximum altitude of 1000 ft (305 m) AGL. The bursting radius of the largest shells is approximately 850 ft (259 m). The acute impact area can extend from 1 to 2 miles (1.6-3.2 km) from the center of the detonation point depending on the size of the shell, height of the explosions, type of explosions, wind direction, atmospheric conditions, and local topography. Aerial shells produce flashes of light that can be brilliant (exceeding 30,000 candela) and can occur in rapid succession. Loud explosive and crackling sound effects stem primarily from salutes (described earlier) and bursting charges at altitude. People and [[Page 25550]] wildlife on the ground and on the surface of the water can feel the sound waves and the accompanying rapid shift of ambient atmospheric pressure. This pressure wave has been known to activate car alarms that detect vibration. Sounds attenuate farther from high altitude shells than low altitude shells since they are not as easily masked by buildings and landforms, allowing the sound envelope to ensonify more surface area on the ground and water. The sound from the lifting charge detonation is vectored upward through the mortar tube opening and reports as a dull thump to bystanders on the ground, far less conspicuous than the high-level aerial bursts. The intensity of an aerial show can be amplified by increasing the number of shells used, the pace of the barrage, and the length of the display. Low-level devices reach a maximum altitude of 200 ft (61 m) AGL. The acute impact area can extend to 1 mi (1.6 km) from the center of the ignition point depending on the size and flight patterns of projectiles, maximum altitude of projectiles, the type of special effects, wind direction, atmospheric conditions, and local structures and topography. Low-level devices also produce brilliant flashes and fountains of light and sparks accompanied by small explosions, popping, and crackling sounds. Since they are lower in altitude than aerial shells, sound and light effects impact a smaller area. Low-level devices do not typically employ large black powder charges like aerial shells, but are often used in large numbers in concert with one another and in rapid succession, producing very intense localized effects. Set pieces are stationary, do not launch any encased effects into the air, and produce effects between 0 and 50 ft (15 m) AGL. Small pellets of a pyrotechnic composition, such as those from sparklers or roman candles may be expelled a short distance into the air. Loud, but not explosive, noises, such as crackling, popping, or whistling may emanate from a set piece, though they are usually used in concert with low-level effects and aerial displays. Depending on the size and height of the structure, the number and type of effects, wind direction, and local topography, the acute impact area can extend up to 0.5 mile (0.8 km) from the center of the ignition point, though fallout is generally confined within a 300 ft (91 m) radius. Residue may include smoke, airborne particulates, fine solids, and slag. The primary impact to wildlife noted in past observation reports by Sanctuary staff is the disturbance of marine mammals and seabirds from the light and sound effects of the exploding aerial shells. The loud sound bursts and pressure waves created by the exploding shells appear to cause more wildlife disturbance than the illumination effects. In particular, the percussive aerial salute shells have been observed to elicit a strong flight response in California sea lions and marine birds in the vicinity of the impact area (within 0.45 mi (0.72 km) of the launch site). Physical Impairment In 2001, the MBNMS and USFWS monitored the July 4 City of Monterey fireworks display with the most thorough effort to date. Monitors recorded species abundance before, during, and after the event and measured the decibel level of exploding fireworks. A hand-held decibel meter was located aboard a vessel adjacent to the Monterey Breakwater, approximately one half mile from the fireworks launch site. The highest sound pressure level (SPL) reading observed on the decibel meter during the fireworks display was 82 decibels. In the Vandenburg Airforce Base (VAFB) studies discussed below, not all harbor seals left a haul-out during a launch unless the Sound Exposure Level was 100 decibels or above (which, in the case of the VAFB launch locations and durations, is equivalent to an SPL of 89 to 95 decibels), and only short-term effects were detected. SEL is an energy metric that takes duration of the sound into account, and since the rocket sounds last more than one second, SEL is higher than SPL in this situation. The typical decibel levels for the display ranged from 70 to 78 decibels (SPL), and no salute effects were used in the display. An ambient noise level of 58 decibels was recorded at the survey site 30 minutes following the conclusion of the fireworks. MBNMS' proposed regulations for take of marine mammals include an acoustic monitoring requirement to measure sound levels at the breakwater, where sea lions typically haul out, during the 2006 City of Monterey fourth of July celebration, which will include aerial salutes. Permanent (auditory) threshold shift (PTS) occurs when there is physical damage to the sound receptors in the ear. In some cases there can be total or partial deafness, while in other cases the animal has an impaired ability to hear sounds in specific frequency ranges. Although there is no specific evidence that exposure to fireworks can cause PTS in any marine mammals, physical damage to a mammal's ears can potentially occur if it is exposed to sound impulses that have very high peak pressures, especially if they have very short rise times (time required for sound pulse to reach peak pressure from the baseline pressure). Such damage can result in a permanent decrease in functional sensitivity of the hearing system at some or all frequencies. Temporary (auditory) threshold shift (TTS) is the mildest form of hearing impairment that can occur during exposure to a strong sound (Kryter, 1985). When an animal experiences TTS, its hearing threshold rises and a sound must be stronger in order to be heard. TTS can last from minutes or hours to (in cases of strong TTS) days. Richardson et al. (1995) note that the magnitude of TTS depends on the level and duration of noise exposure, among other considerations. For sound exposures at or somewhat above the TTS threshold, hearing sensitivity recovers rapidly after exposure to the noise ends. Temporary or permanent hearing impairment is a possibility when marine mammals are exposed to very strong sounds, but there has been no specific documentation of this for marine mammals exposed to fireworks. Based on current information, NMFS precautionarily sets impulsive sounds equal to or greater than 190 dB re 1 microPa (rms) as the exposure thresholds for onset of Level A harassment (injury) for pinnipeds, under water (NMFS, 2000). If measured by an inanimate receiver 190 dB re 1 microPa (rms) would equal an A-weighted sound intensity level of 128 dB re 20 microPa, which are the units used for airborne sound. However, environmental conditions and the ear of the receiving animal may alter how the sound is received in air versus water, and precise exposure thresholds for airborne sounds have not been determined. Some factors that contribute to onset of PTS are as follows: (1) Exposure to single very intense noises, (2) repetitive exposure to intense sounds that individually cause TTS but not PTS, and (3) recurrent ear infections or (in captive animals) exposure to certain drugs. Given the frequency, duration, and intensity of sounds (maximum measured 82 dB for larger aerial shells) that marine mammals may be exposed to, it is unlikely that they would sustain temporary, much less permanent, hearing impairment during fireworks displays. In order to determine if harbor seals experience any change in their hearing sensitivity as a result of launch noise, researchers at VAFB conducted Auditory Brainstem Response (ABR) [[Page 25551]] testing on 10 harbor seals prior to, and after, the launches of 3 Titan IV rockets (one of the loudest launch vehicles at the south VAFB haul- out site). Detailed analysis of the changes in waveform latency and waveform replication of the ABR measurements showed that there were no detectable changes in the seals' hearing sensitivity as a result of the launch noise, which ranged from an A-weighted SPL of 111.4 to 111.2 dB and an A-weighted SEL from 96.6 to 103.6 (SRS Technologies, 2001). Behavioral Disturbance In some display locations, marine mammals and other wildlife may avoid or temporarily depart the impact area during the hours immediately prior to the beginning of the fireworks display due to increased human recreational activities associated with the overall celebration event (noise, boating, kayaking, fishing, diving, swimming, surfing, picnicking, beach combing, tidepooling, etc.), and as a fireworks presentation progresses, most marine mammals and birds generally evacuate the impact area. In particular, a flotilla of recreational and commercial boats usually gathers in a semi-circle within the impact area to view the fireworks display from the water. From sunset until the start of the display, security vessels of the U.S. Coast Guard and/or other government agencies often patrol throughout the waters of the impact area to keep vessels a safe distance from the launch site. Non-nesting marine birds (especially pelicans, cormorants, and gulls) are among the first wildlife to evacuate the area at the start of fireworks displays. Past observations by the MBNMS indicate that virtually all birds within the acute impact area depart in a burst of flight within one minute of the start of a fireworks display, including low-level displays. However, staff have also repeatedly observed that Brandt's cormorants nesting at the Monterey Breakwater remain on their nests (over 200 nests) throughout the large July 4th aerial display that is launched each year from a barge approximately 0.5 mi (.8 km) away. Most non-nesting marine birds on the breakwater evacuate the area until the conclusion of the display. Their numbers return to normal levels by the following morning. During a 1998 display in Monterey, MBNMS staff observed a marine bird swim within 210 ft (64 m) of the launch site during the fireworks display. The bird remained on the water as the pyrotechnic effects were ignited aboard the barge and made no effort to swim away from the launch site. No injuries, fatalities, or negative impacts to marine birds have been detected during several years of monitoring and observations by the MBNMS. Sea lions have been observed evacuating haul-out areas upon initial detonation of fireworks, and then returning to the haul-out sites within 4 to 15 hours following the end of the fireworks display. Harbor seals have been seen to remain in the water after initial fireworks detonation around the haul-out site. Sea lions in general are more tolerant of noise and visual disturbances than harbor seals - adult sea lions have likely habituated to many sources of disturbance and are therefore much more tolerant to nearby human activities. For both pinniped species, pups and juveniles are more likely to be harassed when exposed to disturbance than older animals. In general, marine wildlife depart or avoid surface waters and haul-out sites within a 1000-yard radius of the center of the impact area during fireworks displays. Even short, low-level displays can cause a flight response in wildlife within the acute impact area. NMFS and MBNMS found no peer-reviewed literature that specifically investigates the response of California sea lions and harbor seals to commercial fireworks displays. Similarly, general harassment or injury thresholds for exposure to airborne sounds have not been set. However, extensive studies have been conducted at VAFB to determine responses by California pinnipeds to the effects of periodic rocket launches, the light and sound effects of which would be roughly similar to the effects of pyrotechnic displays, but of greater intensity. This ongoing scientific research program has been conducted since 1997 to determine the long-term cumulative impacts of space vehicle launches on the haul- out behavior, population dynamics and hearing acuity of harbor seals at VAFB. In addition, when sonic boom prediction models projected that a sonic boom would hit one of the northern Channel Islands, pinniped populations were studied at identified haul-out sites in order to determine the impact of the boom on pinniped behavior. The response of harbor seals to rocket launch noise at VAFB depended on the intensity of the noise (dependent on the size of the vehicle and its proximity) and the age of the seal (SRS Technologies 2001). Not surprisingly, the highest noise levels are typically from launch vehicles with launch pads closest to the haul-out sites. The percentage of seals leaving the haul-out increases with noise level up to approximately 100 decibels (dB) A-weighted SEL, after which almost all seals leave, although recent data has shown that an increasing percentage of seals have remained on shore, and those that remain are adults. Given the high degree of site fidelity among harbor seals, it is likely that those seals that remained on the haul-out site during rocket launches had previously been exposed to launches; that is, it is possible that adult seals have become acclimated to the launch noise and react differently than the younger inexperienced seals. Of the 20 seals tagged at VAFB, 8 (40 percent) were exposed to at least 1 launch disturbance but continued to return to the same haul-out site. Three of those seals were exposed to 2 or more launch disturbances. Most of the seals exposed to launch noise (n=6, 75 percent) appeared to remain in the water adjacent to the haul-out site and then returned to shore within 2 to 22 minutes after the launch disturbance. Of the two remaining seals that left the haul-out after the launch disturbance, both had been on shore for at least 6 hours and returned to the haul- out site on the following day (SRS Technologies, 2001). The launches at VAFB do not appear to have had long-term effects on the harbor seal population in this area. The total population of harbor seals at VAFB is estimated to be 1,040 animals and has been increasing at an annual rate of 12.6 percent. Since 1997, there have been five to seven space vehicle launches per year and there appears to be only short-term disturbance effects to harbor seals as a result of launch noise (SRS Technologies, 2001). Harbor seals will temporarily leave their haul-out when exposed to launch noise; however they generally return to the haul-out within one hour. On San Miguel Island, when California sea lions and elephant seals were exposed to sonic booms from vehicles launched on VAFB, sea lion pups were observed to enter the water, but usually remained playing in the water for a considerable period of time. Some adults approached the water, while elephant seals showed little to no reaction. This short- term disturbance to sea lion pups does not appear to have caused any long-term effects to the population. The conclusions of the five-year VAFB study are almost identical to the MBNMS observations of pinniped response to commercial fireworks displays. Observed impacts have been limited to short-term disturbance only. Results of Past Monitoring of Pinnipeds During Fireworks at MBNMS Past monitoring by the MBNMS has identified at most only a short- term [[Page 25552]] behavioral disturbance of animals by fireworks displays, with the primary causes of disturbance being sound effects and light flashes from exploding fireworks. Additionally, the VAFB study of the effects of rocket-launch noise, which is more intense than fireworks noise, on California sea lions and Pacific harbor seals indicated only short-term behavioral impacts. With the mitigation measures proposed below, any takes will be limited to the temporary incidental harassment of California sea lions and Pacific harbor seals due to evacuation of usual and accustomed haul-out sites for as little as 15 minutes and as much as 15 hours following any fireworks event. Most animals depart affected haul-out areas at the beginning of the display and return to previous levels of abundance within 4 to 15 hours following the event. This information is based on observations made by Sanctuary staff over an 8-year period (1993-2001) and a quantitative survey made in 2001. Empirical observations have focused on impacts to water quality and selected marine mammals and birds in the vicinity of the displays. No observations were made in upland areas (beyond the jurisdiction of the Sanctuary) due to limited staff resources. Sea lions in general are more tolerant to noise and visual disturbances than harbor seals. In addition, pups and juveniles are more likely to be harassed when exposed to disturbance than the older animals. Adult sea lions have likely habituated to many sources of disturbance and are therefore much more tolerant of human activities nearby. Of all the display sites in the Sanctuary, California sea lions are only present in significant concentrations at Monterey. The following is an excerpt from a 1998 MBNMS staff report on the reaction of sea lions to a large aerial fireworks display in Monterey: In the first seconds of the display, the sea lion colony becomes very quiet, vocalizations cease, and younger sea lions and all marine birds evacuate the breakwater. The departing sea lions swim quickly toward the open sea. Most of the colony remains intact until the older bulls evacuate, usually after a salvo of overhead bursts in short succession. Once the bulls depart, the entire colony follows suit, swimming rapidly in large groups toward the open sea. A select few of the largest bulls may sometimes remain on the breakwater. Sea lions have been observed attempting to haul out onto the breakwater during the fireworks display, but most are frightened away by the continuing aerial bursts. Sea lions begin returning to the breakwater within 30 minutes following the conclusion of the display but have been observed to remain quiet for some time. The colony usually reestablishes itself on the breakwater within 2-3 hours following the conclusion of the display, during which vocalization activity returns. Typically, the older bulls are the first to renew vocalization behavior (within the first hour), followed by the younger animals. By the next morning, the entire colony seems to be intact and functioning with no visible sign of abnormal behavior. In the 2001 Monterey survey (discussed earlier), most animals were observed to evacuate haul-out areas upon the initial report from detonated fireworks. Surveys continued for 4.5 hours after the initial disturbance and numbers of returning California sea lions remained at less than 1 percent of pre-fireworks numbers. When surveys resumed the next morning (13 hours after the initial disturbance), sea lion numbers on the breakwater equaled or exceeded pre-fireworks levels. MBNMS staff have been opportunistically monitoring sea lions at the City of Monterey's Fouth of July celebration for more than 10 years. Following is a summary of their general observations: sea lions begin leaving the breakwater as soon as the fireworks begin, clear completely off after an aerial salute or quick succession of loud effects, usually begin returning within a few hours of the end of the display, and are present on the breakwater at pre-firework numbers by the following morning. Up to 15 harbor seals may typically be present on rocks in the outer Monterey harbor in early July. The seal haulout area is approximately 2,100 ft (640 m)(horizontal distance) from the impact zone for the aerial pyrotechnic display. Only two harbor seals were observed on and near the rocks adjacent to Fisherman's Wharf prior to the 2001 display. Neither were observed to haul out after the initial fireworks detonation, but remained in the water around the haul-out. The haul-out site was only surveyed until the conclusion of the fireworks display, therefore, no animal return data is available. However, the behavior of the seals after the initial disturbance and during the fireworks display is similar to the response behavior of seals during the VAFB rocket launches, where they loitered in the water adjacent to their haul-out site during the launch and returned to shore within 2 to 22 minutes after the launch disturbance. MBNMS staff monitored harbor seal reactions to a coastal fireworks display at Aptos in October 2000 and did not see any harbor seals during and immediately after the event. Based on the reaction of the birds and the noise of the display, observers believed that the seals evacuated the area on and around the cement ship. Harbor seals were sighted hauled out on the ship and in the water the following morning. A private environmental consultant has monitored the Aptos fireworks display each October from 2001 through 2005 (per California Coastal Commission permit conditions) and concluded that harbor seal activity returns to normal at the site by the day following the display. Surveys have detected no evidence of injury or mortality in harbor seals as a result of the annual 30-minute fireworks display at the site. Since harbor seals have a smaller profile than sea lions and are less vocal, their movements and behavior are often more difficult to observe at night. In general, harbor seals are more timid and easily disturbed than California sea lions. Thus, based on past observations of sea lion disturbance thresholds and behavior, it is very likely that harbor seals evacuate exposed haul outs in the acute impact area during fireworks displays, though they may loiter in adjacent surface waters until the fireworks have concluded. Non-Acoustic Effects Chemical Residue Possible indirect impacts to marine mammals and other marine organisms include those resulting from chemical residue or physical debris emitted into the water. When an aerial shell detonates, its chemical components burn at high temperatures, which usually promotes efficient incineration. Pyrotechnic vendors have stated that the chemical components are incinerated upon successful detonation of the shell. However, by design, the chemical components within a shell are scattered by the burst charge, separating them from the casing and internal shell compartments. Chemical residue is produced in the form of smoke, airborne particulates, fine solids, and slag (spent chemical waste material that drips from the deployment canister/launcher and cools to a solid form). The fallout area for chemical residue is unknown, but is probably similar to that for solid debris. Similar to aerial shells, the chemical components of low-level devices produce chemical residue that can migrate to ocean waters as a result of fallout. The point of entry would likely be within a small radius (about 300 ft (91 m)) of the launch site. The MBNMS has found only one scientific study directed specifically at the potential impacts of chemical residue from fireworks upon the environment. A 1992 Florida study (DeBusk et al., 1992) indicates that [[Page 25553]] chemical residues (fireworks decomposition products) do result from fireworks displays and can be measured under certain circumstances. The report, prepared for the Walt Disney Corporation in 1992, presented the results of a 10-year study of the impacts of fireworks decomposition products (chemical residue) upon an aquatic environment. Researchers studied a small lake in Florida subjected to two thousand fireworks shows over a ten-year period to measure key chemical levels in the lake. The report concluded that detectable amounts of barium, strontium, and antimony had increased in the lake but not to levels considered harmful to aquatic biota. The report further suggested that ``environmental impacts from fireworks decomposition products typically will be negligible in locations that conduct fireworks displays infrequently'' and that ``the infrequence of fireworks displays at most locations, coupled with a wide dispersion of constituents, make detection of fireworks decomposition products difficult.'' The MBNMS staff spoke with one of the authors of the report who hypothesized that had the same study been conducted in California, the elevated metal concentrations in the lake would not have even been detectable against natural background concentrations of those same metals, due to naturally higher metal concentrations in the western United States. Based on the findings of this report and the lack of any evidence that fireworks displays within the Sanctuary have degraded water quality, the MBNMS believes that chemical residue from fireworks does not pose a significant risk to the marine environment. No negative impacts to water quality have been detected. Debris The fallout area for the aerial debris is determined by local wind conditions. In coastal regions with prevailing winds, the fallout area can often be projected in advance. This information is calculated by pyrotechnicians and fire department personnel in selection of the launch site to abate fire and public safety hazards. Mortar tubes are often angled to direct shells over a prescribed fallout area, away from spectators and property. Generally, the bulk of the debris will fall to the surface within a 0.5 mi (0.8 km) radius of the launch site. In addition, the tops of the mortars and other devices are usually covered with household aluminum foil to prevent premature ignition from sparks during the display and to protect them from moisture. The shells and stars easily punch through the thin aluminum foil when ignited, scattering pieces of aluminum in the vicinity of the launch site. Through various means, the aluminum debris and garbage generated during preparation of the display may be swept into ocean waters. Some low-level devices may project small casings into the air (such as small cardboard tubes used to house flaming whistle and firecracker type devices). These casings will generally fall to earth within a 200- yard (183-meter) radius of the launch site, since they do not attain altitudes sufficient for significant lateral transport by winds. Though typically within 300 ft (91 m), the acute impact area for set piece devices can extend to a 0.5 mi (0.8 km) radius from the center of the ignition point depending on the size and height of the fixed structure, the number and type of special effects, wind direction, atmospheric conditions, and local structures and topography. Like aerial shells, low-level pyrotechnics and mortars are often covered with aluminum foil to protect them from weather and errant sparks, pieces of which are shredded during the course of the show and initially deposited near the launch site. The explosion in a firework separates the cardboard and paper casing and compartments, scattering some of the shell's structural pieces clear of the blast and burning others. Some pieces are immediately incinerated, while others burn up or partially burn on their way to the ground. Many shell casings simply part into two halves or into quarters when the burst charge detonates and are projected clear of the explosion. However, during the course of a display, some devices will fail to detonate after launch (duds) and fall back to earth/sea as an intact sphere or cylinder. Aside from post display surveys and recovery, there is no way to account for these misfires. The freefalling projectile could pose a physical risk to any wildlife within the fallout area, but the general avoidance of the area by wildlife during the display and the low odds for such a strike probably present a negligible potential for harm. Whether such duds pose a threat to wildlife (such as curious sea otters) once adrift is unknown. After soaking in the sea for a period of time, the likelihood of detonation rapidly declines. Even curious otters are unlikely to attempt to consume such a device. At times, some shells explode in the mortar tube (referred to as a flower pot) or far below their designed detonation altitude. It is highly unlikely that mobile organisms would remain close enough to the launch site during a fireworks display to be within the effective danger zone for such an explosion. The MBNMS has conducted surveys of solid debris on surface waters, beaches, and subtidal habitat and has discovered no visual evidence of acute or chronic impacts to the environment or wildlife. Aerial displays generally produce a larger volume of solid debris than low- level displays. The MBNMS fireworks permits (discussed later) require the permittee to clean area beaches of fireworks debris for up to 2 days following the display. In some cases, debris has been found in considerable quantity on beaches the morning following the display. The MBNMS staff have recovered many substantial uncharred casing remnants on ocean waters immediately after marine displays. Other items found in the acute impact area are cardboard cylinders, disks, and shell case fragments; paper strips and wading; plastic wading, disks, and tubes; aluminum foil; cotton string; and even whole unexploded shells (duds or misfires). In other cases, virtually no fireworks debris was detected. This variance is likely due to several factors, such as type of display, tide state, sea state, and currents. In either case, due to the requirement for the permittee to clean up following the displays, NMFS does not believe the small amount of remaining debris is likely to significantly impact the environment, including marine mammals or their habitat. Increased Boat Traffic Increased boat traffic is often an indirect effect of fireworks displays as boaters move in to observe the event. The more boats there are in the area, the larger the chance that a boat could potentially collide with a marine mammal or other marine wildlife. The number of boats present at any one event is largely dependent upon weather, sea state, distance of the display from safe harbors, and season. At the MBNMS, some events have virtually no boat traffic, while others may have as many as 40 boats ranging in size from 10 to 65 ft (3 to 20 m) in length. Prior to and during fireworks displays at the MBNMS, boats typically enter the observation area at slow speed (less than 8 kts (15 km/hr)) due to the other vessels present and limited visibility (i.e., most fireworks displays occur at night). The U.S. Coast Guard and/or other federal agency vessels are on site to enforce safe boating laws and keep vessels out of the debris fallout area during the display. Most boaters anchor prior to the display, while others drift [[Page 25554]] with engines in neutral for convenient repositioning. MBNMS staff have observed boat traffic during several fireworks displays and generally found that boaters are using good boating and safety practices. They have also never witnessed the harassment, injury, or death of marine mammals or other wildlife as a result of vessels making way at these events. In general, as human activity increases and concentrates in the viewing areas leading up to the display, wildlife avoid or gradually evacuate the area. As noted before, the fireworks venues are marine areas with some of the highest ambient levels of human activity in the MBNMS. Many resident animals are accustomed to stimuli such as emergency sirens, vehicle noise, boating, kayaking, swimming, tidepooling, crowd noise, etc. Due to the gradual nature of the increase in boat traffic, it's infrequent occurrence and short duration, and the slow speed of the boats, NMFS does not believe the increased boat traffic is likely to significantly impact the human environment, including marine mammals. Because of mitigation measures proposed, which are outlined below, NMFS preliminarily finds that only Level B harassment may occur incidental to authorized coastal fireworks displays and that these events will result in no more than a negligible impact on marine mammal species or their habitats. NMFS also preliminarily finds that no impact on the availability of the species or stocks for subsistence uses will occur because there is no subsistence harvest of marine mammals in California. Mitigation The MBNMS has worked with the USFWS and NMFS Southwest Region for over five years to craft a set of Sanctuary fireworks authorization guidelines (available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm) designed to minimize fireworks impacts on the marine environment, as well as outline the locations, frequency, and conditions under which the MBNMS will ZZ authorize marine fireworks displays. The guidelines include five broad approaches for managing fireworks displays and will be implemented by the MBNMS: (1) Establish a sanctuary-wide seasonal prohibition to safeguard reproductive periods: MBNMS has established a Sanctuary-wide seasonal prohibition to safeguard pinniped reproductive periods. Fireworks events will not be authorized between March 1 and June 30 of any year, since this period is the primary reproductive season for many marine species. (2) Establish four conditional display areas and prohibit displays along the remaining 95 percent of Sanctuary coastal areas: Traditional display areas are located adjacent to urban centers where wildlife has often acclimated to human disturbances, such as low-flying aircraft, emergency vehicles, unleashed pets, beach combing, recreational and commercial fishing, surfing, swimming, boating, and personal watercraft operations. Remote areas and areas where professional fireworks have not traditionally been conducted will not be considered for fireworks approval. Future permitted fireworks displays will be confined to four prescribed areas of the Sanctuary while prohibiting displays along the remaining 95 percent of Sanctuary coastal areas. The conditional display areas (described earlier in detail) are located at Half Moon Bay, the Santa Cruz/Soquel area, the northeastern Monterey Peninsula, and Cambria (Santa Rosa Creek). (3) Create a per-annum limit on the number of displays allowed in each display area: If properly managed, a limited number of fireworks displays conducted in areas already heavily impacted by human activity can occur with sufficient safeguards to prevent any long-term or chronic impacts upon local natural resources. There is a per-annum limit of 20 displays along the entire Sanctuary coastline in order to prevent cumulative negative environmental effects from fireworks proliferation. Additionally, displays will be authorized at a frequency equal to or less than 1 every two months in each area and an equal number of private and public displays will be considered for authorization within each display area. (4) Retain permitting requirements and general and special restrictions for each event: Fireworks displays will not exceed 30 minutes with the exception of two longer displays per year that will not exceed 1 hour. The Sanctuary will continue to assess displays on a case-by-case basis, using specially developed terms and conditions to address concerns unique to fireworks displays (e.g., restricting the number of aerial ``salute'' effects used as well as requiring a ``ramp- up'', wherein ``salutes'' are not allowed in the first 5 minutes of the display; requiring the removal of plastic and aluminum labels and wrappings; and requiring post-show reporting and cleanup). Such terms and conditions have evolved over 12 years, as the Sanctuary has sought to improve its understanding of the potential impacts that fireworks displays have upon marine wildlife and the environment. The MBNMS will implement general and special restrictions unique to each fireworks event as necessary. (5) Institute a 5-year permit system for annual displays: The Sanctuary intends to institute a 5-year permit system for fireworks displays that occur annually at fixed locations in a consistent manner, such as municipal Independence Day shows. The MBNMS fireworks guidelines are designed to prevent an incremental proliferation of fireworks displays and disturbance throughout the Sanctuary and minimize area of impact by confining displays to primary traditional use areas. They also effectively remove fireworks impacts from 95 percent of the Sanctuary's coastal areas, place an annual quota and multiple permit conditions on the displays authorized within the remaining 5 percent of the coast, and impose a sanctuary-wide seasonal prohibition on all fireworks displays. The guidelines were developed in order to assure that protected species and habitats are not jeopardized by fireworks activities. They have been well received by local fireworks sponsors who have pledged their cooperation in protecting Sanctuary resources. The MBNMS Fireworks Guidelines are available at the NMFS website at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Monitoring The MBNMS has monitored commercial fireworks displays for potential impacts to marine life and habitats for 12 years. In July 1993, the MBNMS performed its initial field observations of professional fireworks at the annual Independence Day fireworks display conducted by the City of Monterey. Subsequent ``documented'' field observations were conducted in Monterey by the MBNMS staff in July 1994, July 1995, July 1998, March 1998 (private display), October 2000 (private display), July 2001, and July 2002. Documented field observations have also been made at Aptos each October from 2000 to 2005. The MBNMS staff have observed additional displays at Monterey, Pacific Grove, Capitola, and Santa Cruz, but those observations were primarily for permit compliance purposes, and written assessments of environmental impacts were not generated. Though monitoring techniques and intensity have varied over the years and visual monitoring of wildlife abundance and behavioral responses to nighttime displays is challenging, observed impacts have [[Page 25555]] been consistent. Wildlife activity nearest to disturbance areas returns to normal (pre-display species distribution, abundance, and activity patterns) within 12-15 hours, and no signs of wildlife injury or mortality have ever been discovered as a result of managed fireworks displays. Of all the past authorized fireworks display sites within the Sanctuary, the City of Monterey site has received the highest level of Sanctuary monitoring effort. The City of Monterey has hosted a marine fireworks display each July 4th since 1988 (5 years prior to designation of the MBNMS). The display is the longest running and largest annual commercial fireworks display within the Sanctuary. The Monterey breakwater (approximately one half statute mile from the pyrotechnic launch site) was constructed in the 1930s and, along with other natural rock formations, has been a regular haul-out site for California sea lions and harbor seals for many decades. For this reason, the Monterey site has been studied and surveyed by government and academic researchers for over 20 years. Consequently, the Monterey site has the best background data available for assessing status and trends of key marine mammal populations relative to annual fireworks displays. Therefore, the MBNMS proposes that Monterey be monitored as necessary to assess how local California sea lion and harbor seal distribution and abundance are affected by an annual fireworks display. The Sanctuary proposes conducting a visual census of the Monterey breakwater and Harbor Rocks on July 4-5, either in 2006 or 2007, to update annual abundance, demographic response patterns, and departure and return rates for California sea lions and harbor seals relative to the July 4 fireworks display. Data will be collected by an observer aboard a kayak or small boat and from ground stations (where appropriate). The observer will use binoculars, counters, and data sheets to census animals. The pre and post fireworks census data will be analyzed to identify any significant temporal changes in abundance and distribution that might be attributed to impacts from the annual fireworks display. The data will also be added to past research statistics on the abundance and distribution of stocks at Monterey Harbor. It should be noted, however, that annual population trends at any given pinniped haul-out site can be influenced by a myriad of environmental and biological factors, ranging from predation upon pups at distant breeding colonies to fluctuating prey stocks due to El Nino events. These many variables make it difficult to measure and differentiate the potential impact of a single stimulus on long-term population trends. The Sanctuary also proposes to conduct one-time acoustic monitoring at the 2006 or 2007 City of Monterey Fourth of July fireworks display in conjunction with the behavioral monitoring described above. The procedures for this monitoring will be outlined and described in the preamble to the final rule, the regulations, and subsequent LOAs. In addition to the comprehensive behavioral monitoring to be conducted at the Monterey Bay Breakwater in 2006, MBNMS will require its applicants to conduct a pre-event census of local marine mammal populations within the fireworks impact area. Each applicant will also be required to conduct post-event monitoring in the acute fireworks impact area to record injured or dead marine mammals brown pelicans, and other wildlife. Reporting MBNMS must submit a draft annual monitoring report to NMFS within 60 days after the conclusion of each calendar year. MBNMS must submit a final annual monitoring report to the NMFS within 30 days after receiving comments from NMFS on the draft report. If no comments are received from NMFS, the draft report will be considered to be the final report. In addition, the MBNMS will continue to incorporate updated census data from government and academic surveys into its analysis and will make its information available to other marine mammal researchers upon request. Lastly, MBNMS must submit a draft comprehensive monitoring report to NMFS 120 days prior to the expiration of the regulations if renewal is requested, or 120 days after the expiration of the regulations, if renewal is not requested. MBNMS must submit the final comprehensive monitoring report to NMFS within 30 days after receiving comments from NMFS on the draft comprehensive monitoring report. Again, if no comments are received from NMFS, the draft report will be considered to be the final report. Numbers of Marine Mammals Expected to be Harassed As discussed above, the two marine mammal species NMFS believes likely to be taken by Level B harassment incidental to fireworks displays authorized within the Sanctuary are the California sea lion (Zalophus californianus) and the Pacific harbor seal (Phoca vitulina richardsi), due to the temporary evacuation of usual and accustomed haul-out sites. Both of these species are protected under the MMPA, and neither is listed under the ESA. Numbers of animals that may be taken by Level B harassment are expected to vary due to factors such as tidal state, seasonality, shifting prey stocks, climatic phenomenon (such as El Nino events), and the number, timing, and location of future displays. The estimated take of sea lions and harbor seals was determined by using a synthesis of information, including data gathered by MBNMS biologists at the specific display sites, results of independent surveys conducted in the MBNMS, and population estimates from surveys covering larger geographic areas. More detailed information regarding the estimates of take of sea lions and harbor seals may be found in the application at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Stage structure of California sea lions within the Sanctuary varies by location, but generally, the majority are adult and sub-adult males. Weise (2000) reported on the stage structure of California sea lions at two historic fireworks display areas within the MBNMS, and speculated that juveniles may haul out at the Monterey jetty in large numbers due to a need for a more protected haul-out location. He also reported that most animals on Ano Nuevo Island appeared to be adult males and suggested that the stage structure may vary between mainland haul-out sites and offshore islands and rocks. At all four designated display sites combined, twenty fireworks events per year could disturb an average total of 2,630 California sea lions, with the maximum being 6,170 animals out of a total estimated population of 237,000-244,000. These numbers are small relative to the population size (1.1-2.6%). For harbor seals, an average of 302 and a maximum of 1,065 harbor out of a total estimated population of 27,836 could be disturbed within the Sanctuary as a result of twenty fireworks events per year at all four designated display sites combined. These numbers are small relative to the population size (1.1-3.8%). Nicholson (2000) studied the stage structure of harbor seals on the northeast Monterey Peninsula (an area with the largest single concentration of animals within the Sanctuary) for two years. For the final spring season of the study, survey numbers equate to a stage structure comprising 38 percent adult females, 15 percent adult males, 34 percent sub-adults, and 13 percent yearlings or juveniles. [[Page 25556]] With the incorporation of mitigation measures proposed later in this document, the MBNMS expects that only Level B incidental harassment may occur associated with the proposed permitted coastal fireworks displays, and that these events will result in no detectable impact on marine mammal species or stocks or on their habitats. Possible Effects of Activities on Marine Mammal Habitat Impacts on marine mammal habitat are part of the consideration in making a finding of negligible impact on the species and stocks of marine mammals. Habitat includes, but is not necessarily limited to, rookeries, mating grounds, feeding areas, and areas of similar significance. The amount of debris and chemical residue resulting from fireworks displays authorized within the MBNMS is determined by the size and contents of the different fireworks, as well as the wind conditions, weather, and other local variations. Implementation of the MBNMS Fireworks Guidelines, which require that permittees clean up the affected area after each fireworks display, will be required by the LOAs and Sanctuary Authorizations. No evidence of water quality deterioration has been found in relation to prior MBNMS fireworks displays and this document discusses the 1992 Walt Disney report, which found that environmental impacts from fireworks decomposition products typically will be negligible in locations that conduct fireworks displays infrequently. Because of the aforementioned mitigation measure and report, NMFS does not expect the debris and residue resulting from authorized fireworks displays to significantly impact marine mammals or marine mammal habitat in the MBNMS. Possible Effects of Activities on Subsistence Needs There are no subsistence uses for Pacific harbor seals in California waters, and thus, there are no anticipated effects on subsistence needs. ESA As mentioned earlier, the Steller sea lion and several species of federally listed cetaceans may be present at MBNMS at different times of the year and could potentially swim through the fireworks impact area during a display. In a 2001 consultation with MBNMS, the Southwest Region, NMFS, concluded that this action is not likely to adversely affect federally listed species under NMFS' jurisdiction. There is no designated critical habitat in the area. This action will not have effects beyond those analyzed in that consultation. The USFWS is responsible for regulating the take of the southern sea otter, the brown pelican, and the western snowy plover. The MBNMS consulted with the USFWS pursuant to section 7 of the ESA regarding impacts to these species. The USFWS issued a biological opinion on June 22, 2005, which concluded that the authorization of fireworks displays, as proposed, is not likely to jeopardize the continued existence of endangered and threatened species within the Sanctuary or to destroy or adversely modify any listed critical habitat. The USFWS further found that MBNMS would be unlikely to take any southern sea otters, and therefore issued neither an incidental take statement under the ESA nor an IHA. The USFWS found that an incidental take of brown pelicans was possible and issued an incidental take statement containing terms and conditions to protect the species. The USFWS concluded that the authorization of fireworks events, as proposed, is not likely to jeopardize the continued existence of the western snowy plover or destroy or adversely modify critical habitat of the species. National Environmental Policy Act NOAA prepared a Final Environmental Impact Statement and Master Plan for the MBNMS in June 1992; however, this document did not address the authorization of fireworks on the Sanctuary. In 2006, MBNMS and NMFS jointly prepared a draft Environmental Assessment (EA) on the Issuance of Regulations Authorizing Incidental Take of Marine Mammals and Issuance of National Marine Sanctuary Authorizations for Coastal Commercial Fireworks Displays within the Monterey Bay National Marine Sanctuary. The draft EA will be made available for public comment concurrently with this proposed rule (see ADDRESSES). Preliminary Determination NMFS has preliminarily determined that the fireworks displays, as described in this document and in the application for regulations and subsequent LOAs, will result in no more than Level B harassment of small numbers of California sea lions and harbor seals. The effects of coastal fireworks displays will be limited to short term and localized changes in behavior, including temporarily vacating haulouts to avoid the sight and sound of commercial fireworks. NMFS has also preliminarily determined that any takes will have no more than a negligible impact on the affected species and stocks. No take by injury and/or death is anticipated, and harassment takes will be at the lowest level practicable due to incorporation of the mitigation measures mentioned previously in this document. Additionally, the MBNMS fireworks displays will not have an unmitigable adverse impact on the availability of marine mammal stocks for subsistence use, as there are no subsistence uses for California sea lions or Pacific harbor seals in California waters. Classification This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act Pursuant to the procedures established to implement section 6 of E.O. 12866, the Office of Management and Budget has determined that this proposed rule is not significant. Pursuant to the Regulatory Flexibility Act, the Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act requires Federal agencies to prepare an analysis of a proposed rule's impact on small entities whenever the agency is required to publish a notice of proposed rulemaking. However, a Federal agency may certify, pursuant to 5 U.S.C. section 605(b), that the action will not have a significant economic impact on a substantial number of small entities. The MBNMS is the entity that will be affected by this rulemaking, not a small governmental jurisdiction, small organization or small business, as defined by the Regulatory Flexibility Act. Any requirements imposed by a Letter of Authorization issued pursuant to these regulations, and any monitoring or reporting requirements imposed by these regulations, will be applicable only to the MBNMS. The MBNMS is part of the National Oceanic and Atmospheric Administration, National Ocean Service, a Federal agency responsible for managing the national marine sanctuary program. Because this action, if adopted, would directly affect the MBNMS and not a small entity, NMFS concludes the action would not result in a significant economic impact on a substantial number of small entities. List of Subjects in 50 CFR Part 216 Exports, Fish, Imports, Indians, Labeling, Marine mammals, Penalties, [[Page 25557]] Reporting and recordkeeping requirements, Seafood, transportation. Dated: April 25, 2006. James W. Balsiger, Assistant Administrator for Regulatory Affairs, National Marine Fisheries Service. For reasons set forth in the preamble, 50 CFR part 216 is proposed to be amended as follows: PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS 1. The authority citation for part 216 continues to read as follows: Authority: 16 U.S.C. 1361 et seq. 2. Subpart J is added to part 216 to read as follows: Subpart J--Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, California Sec. 216.110 Specified activity and specified geographical region. 216.111 Effective dates. 216.112 Permissible methods of taking. 216.113 Prohibitions. 216.114 Mitigation. 216.115 Requirements for monitoring and reporting. 216.116 Applications for Letters of Authorization. 216.117 Letters of Authorization. 216.118 Renewal of Letters of Authorization. 216.119 Modifications to Letters of Authorization. Subpart J--Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA Sec. 216.110 Specified activity and specified geographical region. (a) Regulations in this subpart apply only to the incidental taking of those marine mammal species specified in paragraph (b) of this section by the MBNMS and those persons it authorizes to display fireworks within the Monterey Bay National Marine Sanctuary. (b) The incidental take, by Level B harassment only, of marine mammals under the activity identified in this section is limited to the following species: California sea lions (Zalophus californianus) and Pacific harbor seals (Phoca vitulina). Sec. 216.111 Effective dates. Regulations in this subpart are effective from July 4, 2006, through July 3, 2011. Sec. 216.112 Permissible methods of taking. (a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 216.117, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals by Level B harassment only, within the area described in Sec. 216.110(a), provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the appropriate Letter of Authorization. (b) The activities identified in Sec. 216.110(a) must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impacts on marine mammals and their habitat. (c) The taking of marine mammals is authorized for the species listed in Sec. 216.110(b) and is limited to the Level B Harassment of no more than 6,170 California sea lions and 1,065 harbor seals annually. Sec. 216.113 Prohibitions. Notwithstanding takings contemplated in Sec. 216.110 and authorized by a Letter of Authorization issued under Sec. Sec. 216.106 and 216.117, no person in connection with the activities described in Sec. 216.110 may: (a) Take any marine mammal not specified in Sec. 216.110(b); (b) Take any marine mammal specified in Sec. 216.110(b) other than by incidental, unintentional Level B harassment; (c) Take a marine mammal specified in Sec. 216.110(b) if such taking results in more than a negligible impact on the species or stocks of such marine mammal; or (d) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a Letter of Authorization issued under Sec. Sec. 216.106 and 216.117. Sec. 216.114 Mitigation. (a) The activity identified in Sec. 216.110(a) must be conducted in a manner that minimizes, to the greatest extent practicable, adverse impacts on marine mammals and their habitats. When conducting operations identified in Sec. 216.110(a), the mitigation measures contained in the Letter of Authorization issued under Sec. Sec. 216.106 and 216.117 must be implemented. These mitigation measures include (but are not limited to): (1) Limiting the location of the permitted fireworks displays to the four specifically designated areas at Half Moon Bay, the Santa Cruz/Soquel area, the northeastern Monterey Breakwater, and Cambria (Santa Rosa Creek); (2) Limiting the frequency of permitted fireworks displays to no more than 20 total displays per year and no more than one fireworks display every two months in each of the four prescribed areas; (3) Limiting the duration of permitted individual fireworks displays to no longer than 30 minutes each, with the exception of two longer shows not to exceed 1 hour; (4) Prohibiting fireworks displays at MBNMS between March 1 and June 30 of any year; and (5) Continuing to implement the 2006 MBNMS Fireworks Guidelines when permitting fireworks displays at the MBNMS, which include additional restrictions, such as the requirement for permittees to clean up debris following the event. (b) The mitigation measures that the individuals conducting the fireworks are responsible for will be included as a requirement in the authorization the MBNMS issues to the individuals. Sec. 216.115 Requirements for monitoring and reporting. (a) The Holder of the Letter of Authorization issued pursuant to Sec. Sec. 216.106 and 216.117 for activities described in Sec. 216.110(a) is required to cooperate with the National Marine Fisheries Service (NMFS), and any other Federal, state or local agency monitoring the impacts of the activity on marine mammals. The Holder of the Letter of Authorization must notify the Director, Office of Protected Resources, National Marine Fisheries Service, or designee, by telephone (301-713-2289), within 24 hours if the authorized activity identified in Sec. 216.110(a) is thought to have resulted in the mortality or injury of any marine mammals, or in any take of marine mammals not identified in Sec. 216.110(b). (b) The Holder of the Letter of Authorization must conduct all monitoring and/or research required under the Letter of Authorization including, but not limited to: (1) A one-time comprehensive pinniped census at the City of Monterey Fourth of July Celebration in 2006 or 2007, (2) A one-time acoustic measurement of the Monterey Fourth of July Celebration, (3) Counts of pinnipeds in the impact area prior to all displays, and (4) Reporting to NMFS of all marine mammal injury or mortality encountered during debris cleanup the morning after each fireworks display. (c) Unless specified otherwise in the Letter of Authorization, the Holder of the Letter of Authorization must submit a draft annual monitoring report to the Director, Office of Protected Resources, NMFS, no later than 60 days after the [[Page 25558]] conclusion of each calendar year. This report must contain; (1) An estimate of the number of marine mammals disturbed by the authorized activities, (2) Results of the monitoring required in Sec. 216.115 (b), and (c) any additional information required by the Letter of Authorization. A final annual monitoring report must be submitted to the NMFS within 30 days after receiving comments from NMFS on the draft report. If no comments are received from NMFS, the draft report will be considered to be the final annual monitoring report. (d) A draft comprehensive monitoring report on all marine mammal monitoring and research conducted during the period of these regulations must be submitted to the Director, Office of Protected Resources, NMFS at least 120 days prior to expiration of this subpart or 120 days after the expiration of this subpart if renewal of this subpart will not be requested. A final comprehensive monitoring report must be submitted to the NMFS within 30 days after receiving comments from NMFS on the draft report. If no comments are received from NMFS, the draft report will be considered to be the final comprehensive monitoring report. Sec. 216.116 Applications for Letters of Authorization. To incidentally take marine mammals pursuant to this subpart, the U.S. citizen (as defined by Sec. 216.103) conducting the activity identified in Sec. 216.110(a) (MBNMS) must apply for and obtain either an initial Letter of Authorization in accordance with Sec. Sec. 216.117 or a renewal under Sec. 216.118. Sec. 216.117 Letter of Authorization. (a) A Letter of Authorization, unless suspended or revoked, will be valid for a period of time not to exceed the period of validity of this subpart, but must be renewed annually subject to annual renewal conditions in Sec. 216.118. (b) Each Letter of Authorization will set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses (i.e., mitigation); and (3) Requirements for mitigation, monitoring and reporting. (c) Issuance and renewal of the Letter of Authorization will be based on a determination that the total number of marine mammals taken by the activity as a whole will have no more than a negligible impact on the affected species or stock of marine mammal(s). (d) The U.S. Citizen, i.e., the MBNMS, operating under an LOA must clearly describe in any permits issued to the individuals conducting fireworks displays, any requirements of the LOA that the individuals conducting fireworks are responsible for. Sec. 216.118 Renewal of Letters of Authorization. (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 216.117 for the activity identified in Sec. 216.110(a) will be renewed annually upon: (1) Notification to NMFS that the activity described in the application submitted under Sec. 216.116 will be undertaken and that there will not be a substantial modification to the described work, mitigation or monitoring undertaken during the upcoming 12 months; (2) Timely receipt of the monitoring reports required under Sec. 216.115(b), and the Letter of Authorization issued under Sec. 216.117, which has been reviewed and accepted by NMFS; and (3) A determination by the NMFS that the mitigation, monitoring and reporting measures required under Sec. 216.114 and the Letter of Authorization issued under Sec. Sec. 216.106 and 216.117, were undertaken and will be undertaken during the upcoming annual period of validity of a renewed Letter of Authorization. (b) If a request for a renewal of a Letter of Authorization issued under Sec. Sec. 216.106 and 216.118 indicates that a substantial modification to the described work, mitigation or monitoring undertaken during the upcoming season will occur, the NMFS will provide the public a period of 30 days for review and comment on the request. Review and comment on renewals of Letters of Authorization are restricted to: (1) New cited information and data indicating that the determinations made in this document are in need of reconsideration, and (2) Proposed changes to the mitigation and monitoring requirements contained in these regulations or in the current Letter of Authorization. (c) A notice of issuance or denial of a renewal of a Letter of Authorization will be published in the Federal Register. Sec. 216.119 Modifications to Letters of Authorization. (a) Except as provided in paragraph (b) of this section, no substantive modification (including withdrawal or suspension) to the Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 and 216.117 and subject to the provisions of this subpart shall be made until after notification and an opportunity for public comment has been provided. For purposes of this paragraph, a renewal of a Letter of Authorization under Sec. 216.118, without modification (except for the period of validity), is not considered a substantive modification. (b) If the Assistant Administrator determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in Sec. 216.110(b), a Letter of Authorization issued pursuant to Sec. Sec. 216.106 and 216.117 may be substantively modified without prior notification and an opportunity for public comment. Notification will be published in the Federal Register within 30 days subsequent to the action. [FR Doc. E6-6504 Filed 4-28-06; 8:45 am] BILLING CODE 3510-22-S

usgpo

2024-10-08T14:08:33.621101

FR

FR-2006-05-01/E6-6502

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Proposed Rules] [Pages 25558-25559] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6502] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [I.D. 042406G] Notice of Public Hearings for Measures to End Bottomfish Overfishing in the Hawaii Archipelago AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, (NOAA), Commerce. ACTION: Notice of public hearings. ----------------------------------------------------------------------- SUMMARY: NMFS announces three public hearings on the Draft Supplemental Environmental Impact Statement, Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region, Measures to End Bottomfish Overfishing in the Hawaii Archipelago (DSEIS). The DSEIS was prepared pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, the Council on Environmental Quality NEPA regulations, and NOAA Administrative Order Series 216-6 Environmental Review Procedures for Implementing the National Environmental Policy Act. DATES: The public hearings will be held May 18, 22, and 25, 2005, respectively. For specific dates, times and locations of the public hearings, and the agenda see SUPPLEMENTARY INFORMATION. ADDRESSES: The DSEIS is accessible electronically through the NMFS Pacific Islands Regional Office Web site at http://swr.nmfs.noaa.gov/pir or at the Western Pacific Fishery [[Page 25559]] Management Council (Council) website at http://www/wpcouncil.org. State of Hawaii public libraries were provided with copies of the DSEIS to be made available for inspection. Copies of the DSEIS may also be obtained from Keith Schultz, NEPA Specialist; 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814, 808-944-2276. Please specify when requesting if you would prefer a hard copy of the document, otherwise a CD may be provided. State of Hawaii public libraries were also provided with copies of the DSEIS. Comments or questions submitted on the DSEIS must be received by May 30, 2006. Written comments should be submitted by mail to: William L. Robinson, Pacific Islands Regional Administrator, National Marine Fisheries Service, 1601 Kapiolani Blvd., Honolulu, HI 96814. Comments may be submitted by facsimile (fax) to 808-973-2941. Electronic comments may be submitted by e-mail to include in the comment subject line the following document identifier: Bottomfish Overfishing DSEIS, or through the internet at the Federal eRulemaking Portal: http://www.regulations.gov.. A copy of your comments should be submitted to Rodney F. Weiher, PhD., NEPA Coordinator, by mail to the NOAA Strategic Planning Office (PPI/SP), SSMC3, Room 15603, 1315 East-West Highway, Silver Spring, Maryland 20910; by fax to 301-713-0585; or by e-mail to [email protected]. The public comment period began on April 14, 2006, with the publication of the Notice of Availability of the DSEIS in the Federal Register by the Environmental Protection Agency and will continue until May 30, 2006. Written and oral comments will be given equal weight, and NMFS will consider all comments received by May 30, 2006, in preparing the Final Supplemental Environmental Impact Statement. Comments received after that date will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: For general information on the NEPA process or to request a copy of the DSEIS, contact: Keith Schultz, NEPA Specialist, as indicated in the ADDRESSES section of this document. SUPPLEMENTARY INFORMATION: Background Information On May 27, 2005, the Regional Administrator for the NMFS Pacific Islands Region notified the Council that overfishing of the bottomfish species complex is occurring within the Hawaiian Archipelago. In accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Council is preparing an amendment to the Bottomfish FMP to end overfishing in the bottomfish complex in the Hawaiian Archipelago. Bottomfish in the Hawaiian Archipelago are a collection, or complex, of deep-slope snappers, groupers, and jacks. The primary species addressed in the DSEIS are the ``Deep 7'' bottomfish species. The Deep 7 bottomfish species are: onaga (Etelis corsucans), ehu (Eetelis carbunculus), gindai (Pristipomoides zonatus), kalekale (Pristipomoides sieboldii), hapuupuu (Epinephelus quernus), opakapaka (Pristipomoides filamentosus), and lehi (Aphareus rutilans). The DSEIS examines Hawaii's bottomfish fisheries, describes the alternatives being considered to end the overfishing, and identifies the impacts associated with each alternative. Proposed Federal Action The proposed Federal action in the DSEIS is the approval of an amendment to end overfishing of Hawaii's archipelagic bottomfish multi- species stock complex by the Secretary of Commerce and the implementation and enforcement of the amendment's regulatory measures by NMFS. The proposed Federal action in the DSEIS would be the implementation of a seasonal closure between May 1 and August 31 prohibiting the targeting, possession, landing, or selling of any of Hawaii's Deep 7 bottomfish species. However, if the State of Hawaii does not commit to promulgate seasonal closure regulations, the proposed Federal action would be the implementation of a closure of Middle and Penguin Banks to the targeting, possession, landing, or selling of any of Hawaii's Deep 7 bottomfish species from Middle and Penguin Banks. Guideline Hearing Agenda All attendees wishing to comment during the public hearing must register during the registration period for the hearing. Availability of the DSEIS The following format will be used as a guideline for conducting the hearing. 1. Open the Hearing 2. Introductions and Hearing Procedures 3. Presentation of the Proposed Action and the Alternatives 4. Opportunity for Public to Ask Questions to Clarify Points Made in the Presentation 5. Public Comment 6. Close the Hearing Dates, Times and Locations of Public Hearings (1) Maui, HI--Thursday, May 18, 2006, from 7-9 p.m., at the Maui Beach Hotel, 170 Maahumanu Ave., Maui, island of Maui Beach Hotel, 170 Kaahumanu Avenue, Kahului, HI 96732; (2) Kauai, HI--Monday, May 22, 2006, from 7-9 p.m., at the Chiefess Kamakahelei Middle School, 4431 Nuhou St, Lihue, HI 96766; and (3) Honolulu, HI--Thursday, May 25, 2006, from 7-9 p.m. at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, Oahu. Special Accommodations These hearings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Keith Schultz, 808-944-2276, at least five (5) business days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: April 25, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-6502 Filed 4-28-06; 8:45 am] BILLING CODE 3510-22-S

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2024-10-08T14:08:33.656910

FR

FR-2006-05-01/E6-6477

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25560] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6477] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Notices [[Page 25560]] DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request April 25, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rural Housing Service Title: Form RD 410-8, Application Reference Letter (A Request for Credit Reference). OMB Control Number: 0575-0091. Summary of Collection: Form RD 410-8, Applicant Reference Letter, provides credit information and is used by Rural Housing Service (RHS) to obtain information about an applicant's credit history that might not appear on a credit report. It can be used to document an ability to handle credit effectively for applicants who have not used sources of credit that appear on a credit report. The form provides RHS with relevant information about the applicant's creditworthiness and is used to make better creditworthiness decisions. Need and Use of the Information: RHS will collect information to supplement or verify other debts when a credit report is limited and unavailable to determine the applicant's eligibility and creditworthiness for RHS loans and grants. Description of Respondents: Business or other for-profit. Number of Respondents: 13,466. Frequency of Responses: Reporting: On occasion. Total Burden Hours: 1,346. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-6477 Filed 4-28-06; 8:45 am] BILLING CODE 3410-XT-P

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2024-10-08T14:08:33.669336

FR

FR-2006-05-01/E6-6483

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25560-25561] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6483] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request April 25, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Farm Service Agency Title: CRP Hunting Viewing Revenues Survey. OMB Control Number: 0560-NEW. Summary of Collection: The Farm Service Agency (FSA) on behalf of the Commodity Credit Corporation provides services to landowners under the Conservation Reserve Program (CRP), to help them conserve and improve soil, water and wildlife resources on their lands. Some landowners have used their lands enrolled in the CRP, to provide recreational activities (hunting, fishing, hiking, viewing and other activities) to outdoor recreationists. FSA will conduct the CRP Hunting and Wildlife Viewing Revenue Survey to determine how many landowners are providing any recreational activities on their lands and how it affects the CRP program plus the revenues generated by their activities. Need and Use of the Information: FSA will collect information to find out how CRP participants are providing recreational activities on their lands, how such activities affects the CRP [[Page 25561]] program and what revenues are generated by such activities. The collected information will also be used to estimate the value of enhanced wildlife populations on CRP lands to CRP landowners and to evaluate the benefits of the CRP programs. Description of Respondents: Farms; business or other-for-profit. Number of Respondents: 4,000. Frequency of Responses: Reporting; Other (one-time survey). Total Burden Hours: 333. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-6483 Filed 4-28-06; 8:45 am] BILLING CODE 3410-05-P

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2024-10-08T14:08:33.689493

FR

FR-2006-05-01/E6-6482

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25561-25562] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6482] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Docket Number FV-04-309] United States Standards for Grades of Persian (Tahiti) Limes AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the voluntary United States Standards for Grades of Persian (Tahiti) Limes. Specifically, the juice content requirement shall be revised to allow juice content to be determined by weight. Additionally, the redesignation of limes to ``Mixed Color'' and ``Turning'' within the color requirements will be made optional. The standards provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of Persian limes. DATES: Effective Date: May 31, 2006. FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 1661, South Building, Stop 0240, Washington, DC 20250-0240, (202) 720-2185, fax (202) 720-8871, or E- mail [email protected]. The United States Standards for Grades of Persian (Tahiti) Limes is available either from the above address or by accessing the AMS, Fresh Products Branch Web site at: http://www.ams.usda.gov/standards/stanfrfv.htm. SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes the Secretary of Agriculture ``To develop and improve standards of quality, condition, quantity, grade and packaging and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.'' AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official standards available upon request. The United States Standards for Grades of Fruits and Vegetables not connected with Federal Marketing Orders or U.S. Import Requirements, no longer appear in the Code of Federal Regulations, but are maintained by USDA/AMS/Fruit and Vegetable Programs. AMS is revising the voluntary United States Standards for Grades of Persian (Tahiti) Limes using the procedures that appear in part 36, Title 7 of the Code of Federal Regulations (7 CFR part 36). Background Prior to undertaking research and other work associated with a proposed revision of the standards, AMS published a notice on June 25, 2004, in the Federal Register (69 FR 35572) requesting comments on the possible revision of the United States Standards for Grades of Persian (Tahiti) Limes. Based on the comments received, AMS published a notice in the Federal Register (70 FR 12174) on March 11, 2005, proposing to revise the juice and color requirements. AMS published a subsequent notice in Federal Register (70 FR 36111), on June 22, 2005, extending the period for comments. In response to the requests for comments, AMS received sixteen responses to the proposed revisions. Thirteen of the responses were from a produce association, with twelve separate comments from association members supporting the association response. One comment was from a national trade association representing produce receivers, one from a foreign trade organization and one from a foreign government agency. The comments are available by accessing the AMS, Fresh Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm. AMS proposed removing the juice requirement. Juice content is based on volume and is complex to determine. The comment from the produce association's President, supported by the twelve separate association members, was in favor of the removal. Another comment stated they believe that the requirement was difficult to apply, however, if the requirement remains in the standard they suggested the minimum juice content be reduced to 30 percent from the current requirement of 42 percent. AMS does not support the commenter's proposed reduction, as the 42 percent juice content would be considered by most of the industry to have an acceptable amount of juice. Another commenter suggested that the juice content be determined by weight rather than volume. Given the comments received, AMS has decided to retain the juice requirement in the standards at the current requirement of 42 percent and the volume method. AMS believes that the comment suggesting that the juice content be determined by weight has merit. This method is less complex than the volume method. Further, this method is currently used within the industry. Accordingly, an option to determine the juice content by weight will be added to the standard. AMS proposed removing the color requirements. The color requirements specify that limes have a percentage of the surface with good green color. The U.S. No. 1 grade, requires three-fourths of the surface to be good green color and the U.S. No. 2 grade requires one- half of the surface good green color. The standard further states, limes not meeting the requirements of the grade due to blanching shall be redesignated as ``Mixed Color'' and limes that do not meet the requirements of the grade due to turning yellow or yellow color, caused by the ripening process shall be designated as ``Turning.'' One commenter supported eliminating the redesignation of lots as ``Mixed Color'' and ``Turning'' for the U.S. No. 1 grade only. Another commenter supported the elimination of the ``Turning'' designation for all grades. The comment from the produce association's President, supported by the twelve separate association members, supported leaving the redesignation of lots to ``Turning'' for advanced yellowing. This commenter further suggested designating lots of limes with blanching and ``incipient'' yellowing as ``Mixed Color.'' Additionally, this commenter also suggested creating a new grade, U.S. Fancy, which would require limes to be predominately good green. The commenter also recommended revising the U.S. No. 1 grade to allow the fruit to have 50 percent of the surface to show ``lightened color'' as a result of blanching and an additional 10 percent of the surface to show ``lightened color'' as a result of yellowing. Since these suggested changes significantly deviate from the two proposed changes, and [[Page 25562]] they will not be addressed in this revision. Based on the comments received, AMS believes a revision to the color requirement, rather than removal, would better meet the needs of the industry, because this requirement still reflects industry practice. Therefore, the requirement regarding limes having a percentage of the surface with good green color will remain unchanged. However, in view of the comments received, the required redesignation to ``Mixed Color'' and ``Turning'' is revised to an optional redesignation in order to provide the industry with flexibility regarding these designations. Otherwise, limes that do not make grade based on color will be designated as a ``fails to grade.'' Two comments were received regarding size. Additionally, two comments were received suggesting the elimination of the U.S. Combination grade. These matters are beyond the scope of the proposed revision. Therefore, these changes are not addressed in this action. Based on the comments received and information gathered, AMS believes the revision to the standards will improve their usefulness in serving the industry. The official grade of a lot of Persian (Tahiti) Limes covered by these standards will be determined by the procedures set forth in the Regulations Governing Inspection, Certification, and Standards of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61). The United States Standards for Grades of Persian (Tahiti) Limes will be effective 30 days after publication of this notice in the Federal Register. Authority: 7 U.S.C. 1621-1627. Dated: April 26, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-6482 Filed 4-28-06; 8:45 am] BILLING CODE 3410-02-P

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2024-10-08T14:08:33.716671

FR

FR-2006-05-01/06-4058

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25562] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4058] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Hood/Willamette Resource Advisory Committee (RAC) AGENCY: Forest Service, USDA. ACTION: Action of Meeting. ----------------------------------------------------------------------- SUMMARY: The Hood/Willamette Resource Advisory Committee (RAC) will meet on Friday, May 26, 2006. The meeting is scheduled to begin at 11 a.m. and will conclude at approximately 4 p.m. The meeting will be held at Lane County Forest Work Camp; Alma, Oregon; (541) 935-0144. The tentative agenda includes: (1) Election of chairperson; (2) Tour of the Work Camp; (3) Report on National Forest Counties and Schools Coalition Conference; (4) Decision on overhead rate for 2007 projects; (5) Presentation of 2007 Projects; and (6) Public Forum. The Public Forum is tentatively scheduled to begin at 2 p.m. Time allotted for individual presentations will be limited to 3-4 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits for the Public Forum. Written comments may be submitted prior to the May 26th meeting by sending them to Designated Federal Official Donna Short at the address given below. FOR FURTHER INFORMATION CONTACT: For more information regarding this meeting, contact Designated Federal Official Donna Short; Sweet Home Ranger District; 3225 Highway 20; Sweet Home, Oregon 97386; (541) 367- 9220. Dated: April 21, 2006. Dallas J. Emich, Forest Supervisor. [FR Doc. 06-4058 Filed 4-28-06; 8:45 am] BILLING CODE 3410-11-M

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2024-10-08T14:08:33.738406

FR

FR-2006-05-01/E6-6464

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25562-25563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6464] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Amendment to Certification of Minnesota's Central Filing System AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In response to a request from Minnesota's Secretary of State we are approving the amendments to the signature and property description requirements of the certified central filing system for Minnesota and the addition of two farm products to Minnesota's certified central filing system for notification of liens on farm products. DATES: Effective Date: April 25, 2006. SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers the Clear Title program for the Secretary of Agriculture. The Clear Title program is authorized by Section 1324 of the Food Security Act of 1985 and requires that States implementing central filing system for notification of liens on farm products must have such systems certified by the Secretary of Agriculture. A listing of the states with certified central filing systems is available through the Internet on the GIPSA Web site (http://www.gipsa.usda.gov). Farm products covered by a State's central filing system are also identified through the GIPSA Web site. The Minnesota central filing system covers specified products. We originally certified the central filing system for Minnesota on July 7, 1993. On September 5, 2005, Mary Kiffmyer, Minnesota Secretary of State, requested the certification be amended to make changes related to on-line searching and central filing system procedures necessitated or made possible by amendments to Section 1324 of the Food Security Act, which, among other things, permit effective financing statements to be signed, authorized, or otherwise authenticated. Specifically, the following changes were requested: (1) Provide for alternative filing of effective financing statements, continuations, and terminations that are signed, authorized, or otherwise authenticated, by internet and (2) Provide for online searching of master lists by farm product; and within each farm product, alphabetically by debtor name; numerically by debtor identification number; by county; and by crop year. In addition, she requested the certification be amended to add the following two farm products produced in Minnesota: Wild Rice, Bison. This notice announces our approval of the amended certification for Minnesota's central filing system in accordance with the request to amend signature and filing requirements, add online searching, and add additional farm products. Effective Date This notice is effective upon signature for good cause because it allows Minnesota to provide information about additional farm products through its central filing system. In addition, it increases the flexibility in which effective filing statements may be authorized and authenticated, and it allows various methods to search online for information about farm products. Approving additional farm products for approved central filing systems and changes to the certification of approved central filing systems do not require public notice. Therefore, this notice may be made effective in less than 30 days after publication in the Federal Register without prior notice or other public procedure. [[Page 25563]] Authority: 7 U.S.C. 1631, 7 CFR 2.22(a)(3)(v) and 2.81(a)(5), and 9 CFR 205.101(e). James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E6-6464 Filed 4-28-06; 8:45 am] BILLING CODE 3410-EN-P

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2024-10-08T14:08:33.774532

FR

FR-2006-05-01/E6-6463

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6463] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Advisory Committee Meeting AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice of advisory committee meeting. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Grain Inspection Advisory Committee (``the Committee''). DATES: June 13, 7:30 a.m. to 5 p.m.; and June 14, 2006, 7:30 a.m. to 1 p.m. ADDRESS: The Advisory Committee meeting will take place at the Embassy Suites Hotel, Kansas City Plaza, 220 West 43rd Street, Kansas City, Mo. Requests to address the Committee at the meeting or written comments may be sent to: Administrator, GIPSA, U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 3601, Washington, DC 20250-3601. Requests and comments may also be Faxed to (202) 690-2755. FOR FURTHER INFORMATION CONTACT: Ms. Terri Henry, (202) 205-8281 (telephone); (202) 690-2755 (facsimile). SUPPLEMENTARY INFORMATION: The purpose of the Committee is to provide advice to the Administrator of the Grain Inspection, Packers and Stockyards Administration with respect to the implementation of the U.S. Grain Standards Act (7 U.S.C. 71 et seq.). The agenda will include an update on the agency's finances, marketing activities, progress report on reengineering of domestic operations, use of third party contracting, hard white wheat rule implementation, and methods development activities. For a copy of the agenda please contact Terri Henry, (202) 205-8281 (telephone); (202) 690-2755 (facsimile) or by e-mail [email protected]. Public participation will be limited to written statements, unless permission is received from the Committee Chairman to orally address the Committee. The meeting will be open to the public. Persons with disabilities who require alternative means of communication of program information or related accommodations should contact Terri Henry, at the telephone number listed above. James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E6-6463 Filed 4-28-06; 8:45 am] BILLING CODE 3410-EN-P

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2024-10-08T14:08:33.794603

FR

FR-2006-05-01/06-4071

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25563-25564] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4071] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) invites comments on this information collection for which RUS intends to request approval from the Office of Management and Budget (OMB). DATES: Comments on this notice must be received by June 30, 2006. FOR FURTHER INFORMATION CONTACT: Richard C. Annan, Director, Program Development and Regulatory Analysis, Rural Utilities Service, 1400 Independence Ave., SW., STOP 1522, Room 5818, South Building, Washington, DC 20250-1522. Telephone: (202) 720-0784. Fax: (202) 720- 8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for extension. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Richard C. Annan, Director, Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, STOP 1522, 1400 Independence Ave., SW., Washington, DC 20250-1522. FAX: (202) 720-0784. Title: Distance Learning and Telemedicine Loan and Grant Program. OMB Control Number: 0572-0096. Type of Request: Extension of a currently approved information collection package. Abstract: The Rural Utilities Service's (RUS) Distance Learning and Telemedicine (DLT) Loan and Grant program provides loans and grants for advanced telecommunications services to improve rural areas' access to educational and medical services. The various forms and narrative statements required are collected from the applicants (rural community facilities, such as schools, libraries, hospitals, and medical facilities, for example). The purpose of collecting the information is to determine such factors as eligibility of the applicant; the specific nature of the proposed project; the purposes for which loan and grant funds will be used; project financial and technical feasibility; and, compliance with applicable laws and regulations. In addition, for grants funded pursuant to the competitive evaluation process, information collected facilitates RUS' selection of those applications most consistent with DLT goals and objectives in accordance with the authorizing legislation and implementing regulation. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 2.47 hours per response. Respondents: Business or other for-profit; not-for-profit institutions; and State, Local or Tribal Government. Estimated Number of Respondents: 300. Estimated Number of Responses per Respondent: 22.00. Estimated Total Annual Burden on Respondents: 16,316 hours. Copies of this information collection can be obtained from MaryPat Daskal, Program Development and Regulatory Analysis, at (202) 690-1078, FAX: (202) 720-7853. All responses to this notice will be summarized and include in the request for OMB approval. All comments will also become a matter of public record. [[Page 25564]] Dated: April 25, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. 06-4071 Filed 4-28-06; 8:45am] BILLING CODE 3410-15-M

usgpo

2024-10-08T14:08:33.818300

FR

FR-2006-05-01/E6-6521

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25564] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6521] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service an agency delivering the U.S. Department of Agriculture (USDA) Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested. DATES: Comments on this notice must be received by June 30, 2006. FOR FURTHER INFORMATION CONTACT: Richard C. Annan, Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., STOP 1522, Room 5818 South Building, Washington, DC 20250-1522. Telephone: (202)720-0784. Fax: (202)720- 8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that USDA Rural Development is submitting to OMB for extension. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Richard C. Annan, Director, Program Development and Regulatory Analysis, USDA Rural Development, STOP 1522, 1400 Independence Ave., SW., Washington, DC 20250-1522. FAX: (202)720-8435. Title: 7 CFR Part 1717, Settlement of Debt Owed by Electric Borrowers. OMB Control Number: 0572-0116. Type of Request: Extension of a currently approved information collection package. Abstract: USDA Rural Development, through the Rural Utilities Service, makes mortgage loans and loan guarantees to electric systems to provide and improve electric service in rural areas pursuant to the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.) (RE Act). This information collection requirement stems from passage of Public Law 104-127, on April 4, 1996, which amended section 331(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) to extend to USDA Rural Development the Secretary of Agriculture's authority to settle debts with respect to loans made or guaranteed by USDA Rural Development. Only those electric borrowers that are unable to fully repay their debts to the Government and who apply to USDA Rural Development for relief will be affected by this information collection. The collection will require only that information which is essential for determining: the need for debt settlement; the amount of relief that is needed; the amount of debt that can be repaid; the scheduling of debt repayment; and, the range of opportunities for enhancing the amount of debt that can be recovered. The information to be collected will be similar to that which any prudent lender would require to determine whether debt settlement is required and the amount of relief that is needed. Since the need for relief is expected to vary substantially from case to case, so will the required information collection. Estimate of Burden: Public reporting for this collection of information is estimated to average 3,000 hours per response. Respondents: Not-for-profit institutions and other businesses. Estimated Number of Respondents: 1. Estimated Number of Responses per Respondent: 1. Estimated Total Annual Burden on Respondents: 3,000 hours. Copies of this information collection can be obtained from Joyce McNeil, Program Development and Regulatory Analysis at (202)720-0812. FAX: (202)720-8435. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: April 24, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-6521 Filed 4-28-06; 8:45 am] BILLING CODE 3410-15-P

usgpo

2024-10-08T14:08:33.853326

FR

FR-2006-05-01/E6-6525

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25564-25565] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6525] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request AGENCY: Rural Utilities Service, USDA. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service an agency delivering the U.S. Department of Agriculture (USDA) Rural Development Utilities Programs, invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested. DATES: Comments on this notice must be received June 30, 2006. FOR FURTHER INFORMATION CONTACT: Richard C. Annan, Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., STOP 1522, Room 5818--South Building, Washington, DC 20250-1522. Telephone: (202)720-0784. FAX: (202)720- 8435. SUPPLEMENTARY INFORMATION: The Office of Management and Budget's (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that USDA Rural Development is submitting to OMB for extension. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information [[Page 25565]] including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Richard C. Annan, Director, Program Development and Regulatory Analysis, USDA Rural Development, 1400 Independence Ave., SW., STOP 1522, Washington, DC 20250-1522. FAX: (202)720-8435. Title: 7 CFR Part 1786--Prepayment of Guaranteed and Insured FFB Loans OMB Control Number: 0572-0088. Type of Request: Extension of a currently approved information collection. Abstract: 7 CFR Part 1786 establishes policies and procedures mandated by legislation. This part deals with the prepayment of certain loans held by the Federal Financing Bank (FFB), a wholly-owned government instrumentality under the supervision of the Secretary of the Treasury, and guaranteed by USDA Rural Development. This regulation sets forth policy and procedures implementing section 306(A) of the RE Act which permits an USDA Rural Development Utilities Programs financed electric or telephone system to prepay an FFB loan (or any loan advance thereunder) by paying the outstanding principal balance due on the loan (or advance). Estimate of Burden: Public reporting burden for this collection of information is estimated to average 2.21 hours per response. Respondents: Not-for-profits organizations; business or, other for- profit. Estimated Number of Respondents: 5. Estimated Number of Responses per Respondent: 1. Estimated Total Annual Burden on Respondents: 11.05 hours. Copies of this information collection can be obtained from Joyce McNeil, Program Development and Regulatory Analysis, at (202) 720-0812. FAX: (202) 720-8435. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: April 24, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-6525 Filed 4-28-06; 8:45 am] BILLING CODE 3410-15-P

usgpo

2024-10-08T14:08:33.873582

FR

FR-2006-05-01/06-4096

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25565-25567] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4096] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation ----------------------------------------------------------------------- FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, telephone: (202) 482-4697. SUPPLEMENTARY INFORMATION: BACKGROUND Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (the Act), may request, in accordance with section 351.213 (2002) of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. Opportunity To Request A Review: Not later than the last day of May 2006\1\, interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in May for the following periods: --------------------------------------------------------------------------- \1\ Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed. ------------------------------------------------------------------------ Antidumping Duty Proceeding Period ------------------------------------------------------------------------ ARGENTINA: Light-walled Rectangular Carbon ......................... Steel Pipe and Tubing....................... A-357-802.................................... 5/1/05 - 4/30/06 BELGIUM: Stainless Steel Plate in Coils...... ......................... A-423-808.................................... 5/1/05 - 4/30/06 BRAZIL: Iron Construction Castings........... ......................... A-351-503.................................... 5/1/05 - 4/30/06 CANADA: Softwood Lumber...................... ......................... A-122-838.................................... 5/1/05 - 4/30/06 CANADA: Stainless Steel Plate in Coils....... ......................... A-122-830.................................... 5/1/05 - 4/30/06 FRANCE: Antifriction Bearings, Ball and ......................... Spherical Plain............................. A-427-801.................................... 5/1/05 - 4/30/06 GERMANY: Antifriction Bearings, Ball......... ......................... A-428-801.................................... 5/1/05 - 4/30/06 INDIA: Silicomanganese....................... ......................... A-533-823.................................... 5/1/05 - 4/30/06 INDIA: Welded Carbon Steel Pipes and Tubes... ......................... A-533-502.................................... 5/1/05 - 4/30/06 ITALY: Antifriction Bearings, Ball........... ......................... A-475-801.................................... 5/1/05 - 4/30/06 ITALY: Stainless Steel Plate in Coils........ ......................... A-475-822.................................... 5/1/05 - 4/30/06 JAPAN: Antifriction Bearings, Ball........... ......................... [[Page 25566]] A-588-804.................................... 5/1/05 - 4/30/06 JAPAN: Gray Portland Cement and Clinker...... ......................... A-588-815.................................... 5/1/05 - 4/30/06 JAPAN: Stainless Steel Angle................. ......................... A-588-856.................................... 5/1/06 - 4/30/06 KAZAKHSTAN: Silicomanganese.................. ......................... A-834-807.................................... 5/1/06 - 4/30/06 REPUBLIC OF KOREA: Polyester Staple Fiber.... ......................... A-580-812.................................... 5/1/06 - 4/30/06 REPUBLIC OF KOREA: Stainless Steel Angle..... ......................... A-580-846.................................... 5/1/06 - 4/30/06 REPUBLIC OF KOREA: Stainless Steel Plate in ......................... Coils....................................... A-580-831.................................... 5/1/06 - 4/30/06 SINGAPORE: Antifriction Bearings, Ball....... ......................... A-559-801.................................... 5/1/06 - 4/30/06 SPAIN: Stainless Steel Angle................. ......................... A-469-810.................................... 5/1/05 - 4/30/06 SOUTH AFRICA: Stainless Steel Plate in Coils. ......................... A-791-805.................................... 5/1/06 - 4/30/06 TAIWAN: Certain Circular Welded Carbon Steel ......................... Pipe & Tubes................................ A-583-008.................................... 5/1/05 - 4/30/06 TAIWAN: Polyester Staple Fiber............... ......................... A-583-833.................................... 5/1/05 - 4/30/06 TAIWAN: Stainless Steel Plate in Coils....... ......................... A-583-830.................................... 5/1/05 - 4/30/06 THE PEOPLE'S REPUBLIC OF CHINA: Iron ......................... Construction Castings....................... A-570-502.................................... 5/1/05 - 4/30/06 THE PEOPLE'S REPUBLIC OF CHINA: Pure ......................... Magnesium................................... A-570-832.................................... 5/1/05 - 4/30/06 THE UNITED KINGDOM: Antifriction Bearings, ......................... Ball........................................ A-412-801.................................... 5/1/05 - 4/30/06 TURKEY: Welded Carbon Steel Pipe and Tube.... ......................... A-489-501.................................... 5/1/05 - 4/30/06 VENEZUELA: Silicomanganese................... ......................... A-307-820.................................... 5/1/05 - 4/30/06 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Countervailing Duty Proceedings Period ------------------------------------------------------------------------ BELGIUM: Stainless Steel Plate in Coils...... ......................... C-423-809.................................... 1/1/05 - 12/31/05 BRAZIL: Iron Construction Castings........... ......................... C-351-504.................................... 1/1/05 - 12/31/05 CANADA: Softwood Lumber...................... ......................... C-122-839.................................... 1/1/05 - 12/31/05 SOUTH AFRICA: Stainless Steel Plate in Coils. ......................... C-791-806.................................... 1/1/05 - 12/31/05 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Suspension Agreements ---------------------------------------------- None......................................... ......................... ------------------------------------------------------------------------ In accordance with section 351.213(b) of the regulations, an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review, and the requesting party must state why it desires the Secretary to review those particular producers or exporters\2\. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which were produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover. --------------------------------------------------------------------------- \2\ If the review request involves a non-market economy and the parties subject to the review request do not qualify for separate rates, all other exporters of subject merchandise from the non- market economy country who do not have a separate rate will be covered by the review as part of the single entity of which the named firms are a part. --------------------------------------------------------------------------- As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the Department has clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders. See also the Import Administration web site at http://ia.ita.doc.gov. [[Page 25567]] Six copies of the request should be submitted to the Assistant Secretary for Import Administration, International Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & Constitution Avenue, N.W., Washington, D.C. 20230. The Department also asks parties to serve a copy of their requests to the Office of Antidumping/Countervailing Operations, Attention: Sheila Forbes, in room 3065 of the main Commerce Building. Further, in accordance with section 351.303(f)(l)(i) of the regulations, a copy of each request must be served on every party on the Department's service list. The Department will publish in the Federal Register a notice of ``Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation'' for requests received by the last day of May 2006. If the Department does not receive, by the last day of May 2006, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct Customs and Border Protection to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered. This notice is not required by statute but is published as a service to the international trading community. Dated: April 20, 2006. Thomas F. Futtner, Acting Office Director AD/CVD Operations, Office 4 Import Administration. [FR Doc. 06-4096 Filed 4-28-06; 8:45 am] BILLING CODE 3510-DS-S

usgpo

2024-10-08T14:08:33.900244

FR

FR-2006-05-01/06-4097

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25567] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4097] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Upcoming Sunset Reviews ----------------------------------------------------------------------- Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended, the Department of Commerce (``the Department'') and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for June 2006 The following Sunset Reviews are scheduled for initiation in June 2006 and will appear in that month's Notice of Initiation of Five-Year Sunset Reviews. ------------------------------------------------------------------------ Antidumping Duty Proceedings Department Contact ------------------------------------------------------------------------ Oil Country Tubular Goods from Dana Mermelstein (202) 482-1390 Argentina (A-357-810) (2nd Review). Oil Country Tubular Goods from Italy Dana Mermelstein (202) 482-1390 (A-475-816) (2nd Review)........... Oil Country Tubular Goods from Japan Dana Mermelstein (202) 482-1390 (A-588-835) (2nd Review)........... Oil Country Tubular Goods from Dana Mermelstein (202) 482-1390 Mexico (A-201-817) (2nd Review).... Oil Country Tubular Goods from South Dana Mermelstein (202) 482-1390 Korea (A-580-820) (2nd Review)..... Seamless Line and Pressure Pipe from Dana Mermelstein (202) 482-1390 Argentina (A-357-809) (2nd Review). Seamless Line and Pressure Pipe from Dana Mermelstein (202) 482-1390 Brazil (A-351-826) (2nd Review).... Seamless Line and Pressure Pipe from Dana Mermelstein (202) 482-1390 Germany (A-428-820) (2nd Review)... Countervailing Duty Proceedings..... Oil Country Tubular Goods from Italy Dana Mermelstein (202) 482-1390 (C-475-817) (2nd Review)........... Suspended Investigations............ No suspended investigations are scheduled for initiation in June 2006............................... ------------------------------------------------------------------------ The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3--Policies Regarding the Conduct of Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin''). The Notice of Initiation of Five-Year (``Sunset'') Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: April 12 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4, Import Administration. [FR Doc. 06-4097 Filed 4-28-06; 8:45 am] BILLING CODE 3510-DS-S

usgpo

2024-10-08T14:08:33.920194

FR

FR-2006-05-01/06-4098

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25568] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4098] [[Page 25568]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (``Sunset'') Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year (``Sunset Review'') of the antidumping duty order listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers these same order. EFFECTIVE DATE: May 1, 2006. FOR FURTHER INFORMATION CONTACT: The Department official identified in the Initiation of Review(s) section below at AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th & Constitution Ave., NW, Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205-3193. SUPPLEMENTARY INFORMATION: Background The Department's procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department's conduct of Sunset Reviews is set forth in the Department's Policy Bulletin 98.3 - Policies Regarding the Conduct of Five-Year (``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin''). Initiation of Reviews In accordance with 19 CFR 351.218(c), we are initiating the Sunset Review of the following antidumping duty order: -------------------------------------------------------------------------------------------------------------------------------------------------------- DOC Case No. ITC Case No. Country Product Department Contact -------------------------------------------------------------------------------------------------------------------------------------------------------- A-821-807........................................ 731-TA-702 Russia Ferrovanadium & Nitrided Brandon Farlander (202) 482-0182 Vanadium (2nd Review) -------------------------------------------------------------------------------------------------------------------------------------------------------- Filing Information As a courtesy, we are making information related to Sunset proceedings, including copies of the Department's regulations regarding Sunset Reviews (19 CFR 351.218) and Sunset Policy Bulletin, the Department's schedule of Sunset Reviews, case history information (i.e., previous margins, duty absorption determinations, scope language, import volumes), and service lists available to the public on the Department's sunset Internet website at the following address: ``http://ia.ita.doc.gov/sunset/.'' All submissions in these Sunset Reviews must be filed in accordance with the Department's regulations regarding format, translation, service, and certification of documents. These rules can be found at 19 CFR 351.303. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties to apply for access to proprietary information under administrative protective order (``APO'') immediately following publication in the Federal Register of the notice of initiation of the sunset review. The Department's regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304-306. Information Required from Interested Parties Domestic interested parties (defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b)) wishing to participate in these Sunset Reviews must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with the Department's regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, the Department will automatically revoke the orders without further review. See 19 CFR 351.218(d)(1)(iii). If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that all parties wishing to participate in the Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that the Department's information requirements are distinct from the Commission's information requirements. Please consult the Department's regulations for information regarding the Department's conduct of Sunset Reviews.\1\ Please consult the Department's regulations at 19 CFR Part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at the Department. --------------------------------------------------------------------------- \1\ In comments made on the interim final sunset regulations, a number of parties stated that the proposed five-day period for rebuttals to substantive responses to a notice of initiation was insufficient. This requirement was retained in the final sunset regulations at 19 CFR 351.218(d)(4). As provided in 19 CFR 351.302(b), however, the Department will consider individual requests for extension of that five-day deadline based upon a showing of good cause. --------------------------------------------------------------------------- This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: April 25, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4, for Import Administration. [FR Doc. 06-4098 Filed 4-28-06; 8:45 am] BILLING CODE 3510-DS-S

usgpo

2024-10-08T14:08:33.942436

FR

FR-2006-05-01/06-4081

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25569-25570] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4081] [[Page 25569]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 042406F] Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2006 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: NMFS announces partial approval of an Operations Plan and Sector Contract titled Amendment 2 to Georges Bank Cod Hook Sector (Sector) Operations Plan and Agreement (together referred to as the Sector Agreement), and the associated allocation of GB cod, consistent with regulations implementing Amendment 13, as modified by Framework Adjustment 40-B to the Northeast (NE) Multispecies Fishery Management Plan (FMP) for fishing year (FY) 2006. The intent is to allow regulated harvest of groundfish by the GB Cod Hook Sector (Sector), consistent with the objectives of the FMP. DATES: The Sector Operations Plan was approved on April 25, 2006. ADDRESSES: Copies of the Sector Operations Plan and the Supplemental Environmental Assessment (EA) are available upon request from the NE Regional Office at the following mailing address: George H. Darcy, Assistant Regional Administrator for Sustainable Fisheries, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. These documents may also be requested by calling (978) 281-9135. FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, phone (978) 281-9347, fax (978) 281-9135, e-mail [email protected]. SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 13 to the FMP (69 FR 22906, April 27, 2004) specified a process for the formation of sectors within the NE multispecies fishery and the allocation of TAC for a specific groundfish species, implemented restrictions that apply to all sectors, authorized the Sector, established the GB Cod Hook Sector Area (Sector Area), and specified a formula for the allocation of GB cod TAC to the Sector. Framework Adjustment 40-B (70 FR 31323, June 1, 2005) modified that process by allowing any vessel, regardless of gear used in previous fishing years, to join the Sector. All landings of GB cod by Sector participants, regardless of gear previously used, are used to determine the Sector's GB cod allocation for a particular fishing year. The Sector was authorized for FY 2005 and, based upon the GB cod landings history of its 49 members, was allocated 455 mt of cod, which was 11.12 percent of the total FY 2005 GB cod TAC. In accordance with the regulations that specify the process of Sector approval, on January 23, 2006, the Sector submitted to NMFS an Operations Plan, Sector Agreement, and a Supplemental EA that analyzes the impacts of the proposed Operations Plan. Subsequent to their initial submission, the Sector revised the documents and submitted a final version on March 8, 2006. According to these documents, the Sector will be overseen by a Board of Directors and a Sector Manager. Consistent with Amendment 13, the cod TAC for the Sector is based upon the number of Sector participants and their historic landings of GB cod. In addition, participating vessels will be required to fish under their Amendment 13 DAS allocations to account for any incidental groundfish species that they may catch while fishing for GB cod. Once the GB cod TAC is reached, participating vessels will not be allowed to fish under a day-at-sea (DAS)(category A or B DAS), possess or land GB cod or other regulated species managed under the FMP, or use gear capable of catching groundfish (unless fishing under recreational or charter/party regulations) for the remainder of the fishing year. With three substantive exceptions, the proposed FY 2006 Sector Operations Plan contained the same elements as the FY 2005 Sector Operations Plan. These exceptions are proposed exemptions from the differential DAS counting requirements, from the DAS Leasing Program vessel size restrictions, and the 72-hr observer notification requirement. Rationale by the Sector for these proposed exemptions can be found in the Federal Register notice soliciting public comment on the FY 2006 GB Cod Hook Sector Operations Plan and Agreement (71 FR 16122, March 30, 2006). NMFS has approved the continuation of all provisions from the FY 2005 Sector Operations Plan for FY 2006 and, in addition, has approved the exemption from the 72-hr observer notification requirement. NMFS has not approved the proposed exemption from the differential DAS requirements implemented in the Secretarial emergency action and proposed in Framework Adjustment 42, nor the proposed exemption from the DAS Leasing Program size restrictions. The reasons for this decision can be found below in this notice. Comments and Responses: NMFS provided interested parties an opportunity to comment on the Sector Agreement proposed for FY 2006 through notification published in the Federal Register on March 30, 2006 (71 FR 16122). Seven comments were received, two from groups representing the fishing industry, one from the New England Fishery Management Council (Council), one from the Maine Department of Marine Resources (MEDMR), two from industry members not associated with the Sector and one from a Sector member. Based on comments received during the public comment period, NMFS has determined that the exemptions from differential DAS counting and the DAS Leasing Program vessel size restrictions should not be approved at this time, but rather should be deferred to the Council for full discussion. Both of these exemptions would modify effort-based management measures. Given the substantial effort reductions that are necessary in the NE multispecies fishery and the fact that the Sector relies on DAS as a primary effort reduction tool for all stocks except GB cod, NMFS has determined that it is important that the Council discuss in public these proposed exemptions. After consideration of the proposed Sector Agreement, which contains the Sector Contract and Operations Plan, NMFS has concluded that the Sector Agreement, excluding the proposed exemptions from differential DAS counting and DAS Leasing Program vessel size restrictions, is consistent with the goals of the FMP and other applicable law and is in compliance with the regulations governing the development and operation of a sector as specified under 50 CFR 648.87. Accordingly, NMFS is granting the Sector an exemption from the 72-hr observer notification requirement when fishing under an A DAS in the Western U.S./Canada Area and approving the continuation of all provisions from the FY 2005 Sector Operations Plan for FY 2006. NMFS may reconsider approval of both the exemption from the differential DAS requirements (effective May 1, 2006, and proposed in FW 42) and an exemption from the DAS Leasing Program vessel size restrictions if the [[Page 25570]] full Council concludes that the merits of such exemptions justify them, given the potential importance of such measures to effort control. There are 37 members of the approved Sector. The GB cod TAC calculation is based upon the historic cod landings of the participating Sector vessels, using all gear. The allocation percentage is calculated by dividing the sum of total landings of GB cod by Sector members for the FY 1996 through 2001, by the sum of the total accumulated landings of GB cod harvested by all NE multispecies vessels for the same time period (113,278,842 lb (51,383.9 mt)). The resulting number is 10.03 percent (of the overall GB cod TAC). Based upon these 37 prospective Sector members, the Sector TAC of GB cod is 615 mt (10.03 percent times the fishery-wide GB cod target TAC of 6,132 mt). The fishery-wide GB cod target TAC of 6,132 mt is less than the GB cod target TAC proposed for FY 2006 (7,458 mt; 71 FR 12665; March 13, 2006) because the 7,458 mt included Canadian catch. That is, the fishery-wide GB cod target TAC of 6,132 mt was calculated by subtracting the GB cod TAC specified for Canada under the U.S./Canada Resource Sharing Understanding for FY 2006 (1,326 mt) from the overall GB cod target TAC of 7,458 mt proposed by the Council for FY 2006. Letters of Authorization will be issued to members of the Sector exempting them, conditional upon their compliance with the Sector Agreement, from the requirements of the GOM cod trip limit exemption program, limits on the number of hooks, the GB Seasonal Closure Area, and the 72-hour observer notification requirement for trips to the U.S./Canada Management Area, as specified in Sec. Sec. 648.86(b), 648.80(a)(4)(v), 648.81(g), and 648.85(a)(3)(viii), respectively. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2006. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-4081 Filed 4-26-06; 3:44 pm] BILLING CODE 3510-22-S

usgpo

2024-10-08T14:08:33.960214

FR

FR-2006-05-01/E6-6487

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25570] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6487] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 042506F] Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. ----------------------------------------------------------------------- SUMMARY: The Gulf of Mexico Fishery Management Council will convene a public meeting of the Ad Hoc Grouper Individual Fishing Quota (IFQ) Advisory Panel (AHGIFQAP). DATES: The AHGIFQAP meeting will convene at 1 p.m. on Thursday, May 18 and conclude no later than 3 p.m. on Friday, May 19, 2006. ADDRESSES: The meeting will be held at the DoubleTree Hotel Tampa Westshore, 4500 West Cypress Street, Tampa, FL 33607; telephone: (813) 879-4800. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Stu Kennedy, Fishery Biologist, telephone: (813) 348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) has begun deliberation of a Dedicated Access Privilege System (DAP) for the Commercial grouper fishery. The Council has appointed an AHGIFQAP composed of commercial grouper fishermen and others knowledgeable about DAP systems to assist in the development of such a program. The Panel will discuss the scope and the general configuration of an IFQ program for the Gulf of Mexico commercial grouper fishery. Although other non-emergency issues not on the agenda may come before the AHGIFQAP for discussion, in accordance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the AHGIFQAP will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Copies of the agenda can be obtained by calling (813) 348-1630. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dawn Aring at the Council (see ADDRESSES) at least 5 working days prior to the meeting. Dated: April 26, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-6487 Filed 4-28-06; 8:45 am] BILLING CODE 3510-22-S

usgpo

2024-10-08T14:08:33.976712

FR

FR-2006-05-01/06-4057

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25570] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4057] ======================================================================= ----------------------------------------------------------------------- COMMISSION OF FINE ARTS Notice of Meeting The next meeting of the Commission of Fine Arts is scheduled for 18 May, 2006 at 10 a.m. in the Commission's offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street, NW., Washington, DC 20001-2728. Items of discussion affecting the appearance of Washington, DC, may include buildings, parks and memorials. Draft agendas and additional information regarding the Commission are available on our Web site: http://www.cfa.gov. Inquires regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, Commission of Fine Arts, at the above address or call 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date. Dated in Washington, DC, 25 April 2006. Thomas Luebke, AIA, Secretary. [FR Doc. 06-4057 Filed 4-28-06; 8:45 am] BILLING CODE 6330-01-M

usgpo

2024-10-08T14:08:33.997053

FR

FR-2006-05-01/06-4102

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25570-25571] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4102] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION Proposed Collection; Comment Request--Consumer Opinion Forum AGENCY: Consumer Product Safety Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed collection of information from persons who may voluntarily register and participate in a Consumer Opinion Forum posted on the CPSC Web site, http://wwww.cpsc.gov. The Commission will consider all comments received in response to this notice before requesting approval of this collection of information from the Office of Management and Budget. [[Page 25571]] DATES: Written comments must be received by the Office of the Secretary not later than June 30, 2006. ADDRESSES: Written comments should be captioned ``Consumer Opinion Forum'' and e-mailed to [email protected]. Comments may also be sent by facsimile to (301) 504-0127, or by mail to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814. FOR FURTHER INFORMATION CONTACT: For information about the proposed collection of information call or write Linda L. Glatz, Management and Program Analyst, Office of Planning and Evaluation, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; (301) 04-7671. SUPPLEMENTARY INFORMATION: A. Background The Commission is authorized under section 5(a) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2054(a), to collect information, conduct research, perform studies and investigations relating to the causes and prevention of deaths, accidents, injuries, illnesses, other health impairments, and economic losses associated with consumer products. Section 5(b) of the CPSA, 15 U.S.C. 2054(b), further provides that the Commission may conduct research, studies and investigations on the safety of consumer products or test consumer products and develop product safety test methods and testing devices. In order to better identify and evaluate the risks of product- related incidents, the Commission staff seeks to solicit consumer opinions and perceptions related to consumer product use, on a voluntary basis, through questions posted on the CPSC's Consumer Opinion Forum on the CPSC Web site, http://www.cpsc.gov. Through the forum, consumers will be able to answer questions and provide information regrading their experiences, opinions and/or perceptions on the use or pattern of use of a specific product or type of product. The Consumer Opinion Forum is intended for consumers, 18 years and older, who have access to the Internet and e-mail, who voluntarily register to participate through a participant registration process, and respond to the questions posted in the Consumer Opinion Forum. New questions will be posted periodically on the CPSC Web site, http://www.cpsc.gov, and registered participants will be invited via e-mail to respond to various questions, but not more frequently than once every four weeks. The information collected from the Consumer Opinion Forum will help inform the Commission's evaluation of consumer products and product use by providing insight and information into consumer perceptions and usage patterns. Such information may also assist the Commission in its efforts to support voluntary standards activities, and help the staff identify areas regarding consumer safety issues that need additional research. In addition, based on the information obtained, the staff may be able to provide safety information to the public that is easier to read and is more easily understood by a wider range of consumers. For example, the staff may be able to propose new language or revisions to existing language in warning labels or manuals if the staff finds that certain warning language is perceived by many participants to be unclear or subject to misinterpretation. Finally, the Consumer Opinion Forum may be used to solicit consumer opinions and feedback regarding the effectiveness of product recall communications and in determining what action is being taken by consumers in response to such communications and why. This may aid in tailoring future recall activities to increase the success of those activities. If this information is not collected, the Commission would not have available useful information regarding consumer experiences, opinions, and perceptions related to specific product use, which the Commission relies on in its ongoing efforts to improve the safety of consumer products on behalf of consumers. B. Estimated Burden The Commission staff currently estimates that there may be up to 5,000 respondents who register to participate in the Consumer Opinion Forum. The Commission staff estimates that each respondent will take 10 minutes or less to complete the one-time registration process. The Commission staff further estimates that the amount of time required to respond to each set of questions on the Consumer Opinion Forum will be 15 minutes or less. If, at the maximum, each respondent responds to 12 sets of questions over the course of a year, or once a month, the yearly burden would result in approximately 3 hours per year for each respondent. If as many as 5,000 consumers respond, the Commission staff estimates that the annual burden could total approximately 15,833 hours per year. The Commission staff estimates the value of the time of respondents to this collection of information at $28.75 an hour. This is based on the 2005 U.S. Department of Labor Employer Costs for Employee Compensation. At this valuation, the estimated annual cost to the public of this information collection will be about $455,000 per year. C. Request for Comments The Commission solicits written comments from all interested persons about the proposed collection of information. The commission specifically solicits information relevant to the following topics: --Whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility; --Whether the estimated burden of the proposed collection of information is accurate; --Whether the quality, utility, and clarity of the information to be collected could be enhanced; and --Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology. Dated: April 26, 2006. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 06-4102 Filed 4-28-06; 8:45 am] BILLING CODE 6355-01-M

usgpo

2024-10-08T14:08:34.032759

FR

FR-2006-05-01/E6-6498

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25571-25572] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6498] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Air Force Request for Public Review And Comment of the New Navstar GPS Space Segment/Navigation User Segment L1c (L1 Civil) Interface Specification (IS) AGENCY: Department of the Air Force. ACTION: Notice and Request for Review/Comment of new IS-GPS-800. ----------------------------------------------------------------------- SUMMARY: This notice informs the public that the Global Positioning System (GPS) Joint Program Office (JPO) proposes to define and implement new L1C signal as specified in IS-GPS-800, Navstar GPS Space Segment/Navigation User L1C Interfaces. This new Interface Specification (IS), IS-GPS-800, provides detailed and necessary information for the new proposed L1C signal which is planned to be broadcast from the next generation of GPS satellites identified as [[Page 25572]] Block III. The draft IS-GPS-800 was first available to the public for review and comments on 20 April 2006. The review and comment period will be limited to 45 days from the day it is first made available to the public. The draft document will be available for view and for download at the following Web site: http://gps.losangeles.af.mil. Click on ``System Engineering'', then ``Public Interface Control Working Group (ICWG)''. Reviewers should save the document to a local memory location prior to opening and performing the review. It is requested that any review comments be submitted using the comment matrix form provided at the web site. ADDRESSES: Submit comments to SMC/GPEE, Attn: Lt Sean Lenahan, 483 N Aviation Blvd, El Segundo, CA 90245-2808, Attn: Lt Sean Lenahan. Comments may also be submitted to either the following Internet addresses: [email protected] or [email protected], or, by fax to 1-310-653-3676. DATES: The draft IS-GPS-800 will be made available to the public at or about 20 April 2006 and suspense date for comment submittal is 45 days after the release of the document (at or about 24 May 2006). FOR FURTHER INFORMATION CONTACT: GPEE at 1-310-653-3496, GPS JPO System Engineering Division, or write to one of the addresses above. SUPPLEMENTARY INFORMATION: The international position, navigation, and timing communities use the Global Positioning System, which employs a constellation of satellites at Medium Earth Orbit to provide continuously, transmitted signals to enable appropriately configured GPS user equipment to produce accurate position, navigation, and time information. Bao-Anh Trinh, Air Force Federal Register Liaison Officer. [FR Doc. E6-6498 Filed 4-28-06; 8:45 am] BILLING CODE 5001-05-P

usgpo

2024-10-08T14:08:34.049406

FR

FR-2006-05-01/E6-6532

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25572-25573] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E6-6532] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Upper Columbia Alternative Flood Control and Fish Operations, Libby and Hungry Horse Dams, MT AGENCY: Corps of Engineers, DoD. ACTION: Notice of Availability of a Final Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps), Seattle District, announces the availability of the Final Environmental Impact Statement (FEIS) for Upper Columbia Alternative Flood Control and Fish Operations. The U.S. Bureau of Reclamation (Reclamation) is a cooperating agency for this FEIS. The document describes and analyzes the environmental impacts of alternative flood control operations at Libby Dam on the Kootenai River and at Hungry Horse Dam on the South Fork Flathead River. Both dams are located in northwestern Montana. The overall goal of the FEIS is to evaluate effects of alternative dam operations to provide better reservoir and flow conditions at and below Libby and Hungry Horse Dams for anadromous and resident fish listed as threatened or endangered under the Endangered Species Act (ESA), consistent with authorized project purposes, including maintaining the current level of flood control benefits. Two new alternatives for Libby Dam were added in the FEIS and the Corps is particularly interested in any comments on those alternatives which are described in Section 2.2 and evaluated in Section 3.3 of the FEIS. DATES: A Record of Decision (ROD) will be issued by each agency no sooner than May 30, 2006 (the first business day at least 30 days after the Environmental Protection Agency's Notice of Availability for this FEIS in the April 28, 2006, Federal Register). ADDRESSES: The FEIS may be accessed online at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=VARQ&pagename=VARQ VARQ. Compact discs or hard copies of the entire document or the executive summary are available upon request from the address below. Mail comments relating to the FEIS to Mr. Evan Lewis, Environmental Resources Section, U.S. Army Corps of Engineers, Seattle District, P.O. Box 3755, Seattle, Washington 98124-3755, or submit electronic comments to [email protected]. For electronic comments, please include your name and address in your message. Comments may also be sent via fax to (206) 764-4470. FOR FURTHER INFORMATION CONTACT: Mr. Evan Lewis at (206) 764-6922, or E-mail: [email protected]. SUPPLEMENTARY INFORMATION: The Corps, in cooperation with Reclamation, has prepared an FEIS that considers alternative flood control and fish operations at Libby and Hungry Horse dams in northwestern Montana. The FEIS evaluates an action and a no-action alternative for Hungry Horse Dam (operated by Reclamation), and 5 action alternatives and a no- action alternative for Libby Dam (operated by the Corps). Hungry Horse alternatives are: Alternative HS (No Action): Hungry Horse Dam operations using Standard flood control (FC) with bull trout and salmon augmentation flows. In very general terms, Standard FC operations are based on the principle of providing deep drafts for flood control, then minimizing outflow during the refill period from May through June 30. Alternative HV (Preferred Alternative): Hungry Horse Dam operations using variable discharge (VARQ) FC to increase the likelihood of refill (store more water) with bull trout and salmon augmentation flows (seasonal flow targets to enhance conditions downstream for these species). This is the current interim operation at Hungry Horse Dam. Libby Dam alternatives are: Alternative LS1 (No Action): Libby Dam operations using Standard FC with sturgeon, bull trout, and salmon flow augmentation. Sturgeon flow augmentation would provide tiered sturgeon volumes, as adopted in the 2006 U.S. Fish and Wildlife Service (FWS) Biological Opinion (BiOp) on Libby Dam operations, using a maximum Libby Dam release rate up to the existing powerhouse capacity (about 25,000 cubic feet per second, or 25 kcfs). Dam releases for sturgeon flows would be timed and optimized to provide for temperatures of 50 [deg] F with no more than a 3.6 [deg] F drop for all of the Libby alternatives. Alternative LV1: Libby Dam operations similar to Alternative LS1, but with VARQ FC rather than Standard FC. Alternative LV1 is the current interim operation at Libby Dam. Alternative LS2: Libby Dam operations similar to Alternative LS1, except that sturgeon flow augmentation would provide tiered sturgeon volumes using a maximum Libby Dam release rate at some level up to 10 kcfs above the approximately 25 kcfs powerhouse capacity. Alternative LS2 does not identify a specific mechanism to achieve the 10 kcfs of additional flow and the corresponding analysis presumes that the full 10 kcfs of flow above powerhouse capacity would be provided for all sturgeon flow augmentation events, except when limited to avoid exceeding flood stage of 1,764 feet at Bonners Ferry, Idaho. Therefore, it portrays the maximum extent of impacts associated with these flows. Alternative LV2: Libby Dam operations similar to Alternative LV1, except that sturgeon flow augmentation would provide tiered sturgeon volumes [[Page 25573]] using a maximum Libby Dam release rate at some level up to 10 kcfs above the approximately 25 kcfs powerhouse capacity. As with Alternative LS2, Alternative LV2 does not identify a specific mechanism to achieve the 10 kcfs of additional flow and the corresponding analysis presumes that the full 10 kcfs of flow above powerhouse capacity would be provided for all sturgeon flow augmentation events except when limited to avoid exceeding flood stage of 1,764 feet at Bonners Ferry, Idaho. As with LS2, it portrays the maximum extent of impacts associated with these flows. Alternative LSB: Libby Dam operations using Standard FC with sturgeon, bull trout, and salmon flow augmentation. Sturgeon flow augmentation would provide tiered sturgeon volumes consistent with the 2006 FWS BiOp. Annual operations would be based on a scientific approach for testing different releases from Libby Dam and determining the effectiveness for achieving the habitat attributes and meeting the conservation needs established for sturgeon as described in the 2006 BiOp. Specific details are being developed in a Flow Plan Implementation Protocol in collaboration with the states of Montana and Idaho, interested tribes and other Federal agencies. Maximum peak augmentation flows would be provided for up to 14 days, when water supply conditions are conducive, during the peak of the spawning period. After the peak augmentation flows, remaining water in the sturgeon tier would be provided to maximize flows for up to 21 days with a gradually receding hydrograph. Under LSB, Libby Dam would provide sturgeon flow augmentation either with dam releases up to existing powerhouse capacity, or with dam releases to powerhouse capacity plus up to 10 kcfs via the Libby Dam spillway. Under Standard FC, simulations indicate that the appropriate reservoir and water supply conditions to allow for releases of sturgeon flows via the Libby Dam spillway would occur for some period of time in approximately 25% of years. Actual duration and quantity of spill operations would vary in any given year when spill is provided based on actual water supply. Alternative LVB (Preferred Alternative): Libby Dam operations similar to Alternative LSB, but with VARQ FC rather than Standard FC. Under VARQ FC, simulations indicate that the appropriate reservoir and water supply conditions to allow for releases of sturgeon flows from the Libby Dam spillway for some period of time would occur in approximately 50% of years. Actual duration and quantity of spill operations would vary in any given year when spill is provided based on actual water supply. Alternatives LSB and LVB represent new alternatives that were added to the FEIS in response to the U.S. Fish and Wildlife Service's issuance of a new BiOp on Libby Dam operations on Feb. 18, 2006. The 2006 BiOp recommends the implementation of actions by the Corps, including increased releases by Libby Dam in accordance with the Endangered Species Act (ESA). Alternatives LSB and LVB would provide flexibility to operate Libby Dam with a range of releases to achieve habitat attributes for sturgeon using the 2006 FWS BiOp's performance- based approach, with the spillway as the only currently available mechanism for achieving flows up to 10,000 cfs above current powerhouse capacity. In order to ensure that the Corps' actions are consistent with the terms of the 2006 USFWS BiOp, and due to Reclamation's ongoing consultation under Section 106 of the National Historic Preservation Act (NHPA), Reclamation decided to step down from co-lead status on the FEIS and move to cooperating agency status under NEPA regulations. Each agency will prepare its own Record of Decision (ROD) for its respective dams to implement the FEIS for future operations. The Corps plans to issue a ROD for Libby Dam during the spring of 2006. As a cooperating agency, Reclamation may choose to adopt and/or expand upon portions of the FEIS that apply to Reclamation's actions at Hungry Horse Dam. Reclamation plans to issue a ROD on the proposed implementation of the FEIS at Hungry Horse dam following the Reclamation's completion of NHPA Section 106 consultation and NEPA analysis and documentation. In the interim, Reclamation will continue to implement such operations as described in its March 2002 voluntary Environmental Assessment. The Corps will accept comments on the FEIS until May 30, 2006. Comments on the FEIS will be addressed in the appropriate agency's ROD. Copies of the FEIS are available for public review at libraries throughout the potentially affected portions of the Kootenai, Flathead, Clark Fork, Pend Oreille, and upper Columbia basins in the U.S. and Canada. See ADDRESSES for instructions for requesting a copy of the FEIS. The FEIS has been prepared in accordance with (1) The National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500- 1508), and (3) Corps regulations implementing NEPA (ER-200-2-2). Dated: April 20, 2006. Debra M. Lewis, Colonel, District Commander, Seattle District, U.S. Army Corps of Engineers. [FR Doc. E6-6532 Filed 4-28-06; 8:45 am] BILLING CODE 3710-92-P

usgpo

2024-10-08T14:08:34.062500

FR

FR-2006-05-01/06-4061

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Pages 25573-25574] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4061] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent To Prepare an Environmental Impact Statement for Pine Mountain Dam & Lake Project, AR AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. ----------------------------------------------------------------------- SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Little Rock District will prepare an Environmental Impact Statement (EIS) for the proposed Pine Mountain Dam and Lake Project, AR. The purpose of the EIS will be to present alternatives and assess the impacts to the human environment associated with providing flood control, recreation and water supply for the surrounding areas in Arkansas and Oklahoma from the proposed project. The study area includes the entire Lee Creek watershed together with the lower Lee Creek reservoir near Van Buren, AR. The proposed project could affect agriculture, recreation, flood control, water supply and natural resources within the study area. The EIS will evaluate potential impacts (positive and negative) to the natural, physical, and human environment as a result of implementing any of the proposed project alternatives that may be developed during the EIS process. ADDRESSES: Questions or comments concerning the proposed action should be addressed to: Mr. Ron Carman, USACE, Little Rock District, Planning and Environmental Office, PO Box 867, Little Rock, AR 72203-0867, e- mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Mr. Ron Carman, (501) 324-5601. SUPPLEMENTARY INFORMATION: 1. Study History: The Pine Mountain Dam project was authorized for [[Page 25574]] construction by Congress in 1965. Additional studies and a preliminary draft EIS were prepared in the 1970s. In 1980, prior to public review of the EIS, the local sponsor decided not to continue sponsoring the project. In 2000, the River Valley Regional Water District identified themselves as a willing sponsor and requested that the Corps of Engineers reevaluate the project. The proposed Pine Mountain Dam Project is being undertaken by USACE, Little Rock District under the direction of the U.S. Congress. A study will be conducted consisting of major hydraulics and hydrologic investigations, economic analyses, alternative development and related analyses in conjunction with the EIS. 2. Comments/Scoping Meeting: Interested parties are requested to express their views concerning the proposed activity. The public is encouraged to provide written comments in addition to or in lieu of oral comments at scoping meetings. To be most helpful, scoping comments should clearly describe specific environmental topics or issues, which the commentator believes the document should address. Oral and written comments receive equal consideration. Scoping meetings will be held with government agencies and the public in the spring/summer of 2006 in Crawford County, AR. The location, time, and date will be published at least 14 days prior to each scoping meeting. Comments received as a result of this notice and the news releases will be used to assist the District in identifying potential impacts to the quality of the human or natural environment. Affected local, state, or Federal agencies, affected Indian Tribes, and other interested private organizations and parties may participate in the scoping process by forwarding written comments to (see ADDRESSES). Interested parties may also request to be included on the mailing list for public distribution of meeting announcements and documents. 4. Alternatives/Issues: The EIS will evaluate the effects of the Pine Mountain Dam and Lake, other practical alternatives, and other identified concerns. Anticipated significant issues to be addressed in the EIS include impacts on: (1) Flooding, (2) water supply, (3) recreation and recreation facilities, (4) stream hydraulics, (5) fish and wildlife resources and habitats, and (6) other impacts identified by the Public, agencies or USACE studies. 5. Availability of the Draft EIS: The Draft EIS is anticipated to be available for public review in early 2009 subject to the receipt of federal funding. 6. Authority: Pine Mountain Dam and Lake was authorized for construction by the Flood Control Act of 1965 (Title II, Pub. L. 89- 298) substantially in accordance with the recommendations of the Chief of Engineers in House Document No. 270, 89th Congress. Wally Z. Walters, Colonel, Corps of Engineers, District Commander. [FR Doc. 06-4061 Filed 4-28-06; 8:45 am] BILLING CODE 3710-57-M

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FR-2006-05-01/06-4075

Federal Register Volume 71 Issue 83 (May 1, 2006)

United States National Archives and Records Administration Office of the Federal Register

[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)] [Notices] [Page 25574] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 06-4075] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 30, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequent of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: April 24, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education Type of Review: Reinstatement. Title: Teacher Quality Enhancement Grants Program (TQE) Scholarship and Teaching Verification Forms on Scholarship Recipients. Frequency: On occasion; semi-annually; annually. Affected Public: Individuals or household; not-for-profit institutions; State, local, or tribal gov't, SEAs or LEAs. Reporting and Recordkeeping Hour Burden: Responses: 2,850. Burden Hours: 3,090. Abstract: Students receiving scholarships under section 204(3) of the Higher Education Act incur a service obligation to teach in a high- need school in a high-need LEA. This information collection consists of a contract to be executed when funds are awarded and a separate teaching verification form to be used by students to document their compliance with the contract's conditions. Requests for copies of the proposed information collection request may be accessed from http://edicsweb.ed.gov, by selecting the ``Browse Pending Collections'' link and by clicking on link number 3069. When you access the information collection, click on ``Download Attachments'' to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to IC [email protected] or faxed to 202-245- 6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to IC [email protected]. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339. [FR Doc. 06-4075 Filed 4-28-06; 8:45am] BILLING CODE 4000-01-M

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