Notices. Correction; Notice correcting the deadline for Transmittal of Pre-Applications Date
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/register/2006/01/24/06-715A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6820-EP-S DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 23, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention:
Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 the Chief Information Officer, 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 frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 17, 2006. Angela C. Arrington, IC Clearance Official,Regulatory Information Management Services,Office of the Chief Information Officer. Federal Student Aid *Type of Review:* Extension. *Title:* Direct Loan Income Contingent Repayment Plan—Consent to Disclosure of Tax Information. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 393,577. *Burden Hours:* 78,716. *Abstract:* This form is the means by which a William D. Ford Federal Direct Loan Program borrower (and, if married, the borrower's spouse) who chooses to repay under the Income Contingent Repayment Plan provides written consent for the Internal Revenue Service to disclose certain tax return information to the Department of Education and its agents for the purpose of calculating the borrower's monthly repayment amount. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2939. 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 DocketMgr@ed.gov* 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 the e-mail address *IC DocketMgr@ed.gov* . 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. E6-767 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 23, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 the Chief Information Officer, 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 frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 17, 2006. Angela C. Arrington, IC Clearance Official,Regulatory Information Management Services,Office of the Chief Information Officer. Federal Student Aid *Type of Review:* Extension. *Title:* William D. Ford Federal Direct Loan Program Statutory Forbearance Forms. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 5,115. *Burden Hours:* 1,023. *Abstract:* Borrowers who receive loans through the William D. Ford Federal Direct Loan Program will use this form to agree to statutory forbearances on their loans. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2936. 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 DocketMgr@ed.gov* 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 the e-mail address *IC DocketMgr@ed.gov* . 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. E6-769 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 23, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 the Chief Information Officer, 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 frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 17, 2006. Angela C. Arrington, IC Clearance Official,Regulatory Information Management Services,Office of the Chief Information Officer. Federal Student Aid *Type of Review:* Revision. *Title:* Direct Loan Income Contingent Repayment Plan Alternative Documentation of Income. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 863,357. *Burden Hours:* 285,007. *Abstract:* A William D. Ford Federal Direct Loan Program borrower (and, if married, the borrower's spouse) who chooses to repay under the Income Contingent Repayment Plan uses this form to submit alternative documentation of income if the borrower's adjusted gross income is not available or does not accurately reflect the borrower's current income. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2937. 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 DocketMgr@ed.gov* 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 the e-mail address *IC DocketMgr@ed.gov* . 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. E6-770 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 23, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 the Chief Information Officer, 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 frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 18, 2006, Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer. Office of Elementary and Secondary Education *Type of Review:* Revision. *Title:* Consolidated State Application/Consolidated State Annual Report. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 52. *Burden Hours:* 7,800. *Abstract:* This information collection package describes the proposed criteria and procedures that govern the consolidated State application under which State educational agencies will apply to obtain funds for implementing ESEA programs. The option of submitting a consolidated application for obtaining federal formula program grant funds is provided for in the reauthorized ESEA (No Child Left Behind—NCLB) sections 9301-9306. This information collection package will guide the States in identifying the information and data required in the application. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 2886. 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 DocketMgr@ed.gov* 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 the e-mail address *IC DocketMgr@ed.gov.* 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. E6-811 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before February 23, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 the Chief Information Officer, 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 frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: January 18, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Office. Federal Student Aid *Type of Review:* Extension. *Title:* Federal Stafford Loan Master Promissory Note. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 2,959,380. *Burden Hours:* 2,219,535. *Abstract:* The Federal Stafford Loan Master Promissory Note is the means by which an eligible student borrower promises to repay a Federal Stafford Loan. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 2898. 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 DocketMgr@ed.gov* 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 the e-mail address *IC DocketMgr@ed.gov.* 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. E6-812 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION [CFDA No. 84.359A/B] Office of Elementary and Secondary Education; Early Reading First Program; Correction; Notice Correcting the Deadline for Transmittal of Pre-Applications Date ACTION: Correction; Notice correcting the deadline for Transmittal of Pre-Applications Date. SUMMARY: We correct the *Deadline for Transmittal of Pre-Applications* in the notice published on January 18, 2006 (71 FR 2916). SUPPLEMENTARY INFORMATION: On January 18, 2006, we published a notice in the **Federal Register** inviting applications for new awards for fiscal year 2006 for the Early Reading First program. The date listed under *Deadline for Transmittal of Pre-Applications* was incorrect, in that it falls on a Federal holiday. The correct *Deadline for Transmittal of Pre-Applications* date is February 21, 2006. FOR FURTHER INFORMATION CONTACT: Jill Stewart, U.S. Department of Education, 400 Maryland Avenue, SW., room 3C136, Washington, DC 20202-6132. Telephone:
(202)260-2533 or by e-mail: *Jill.Stewart@ed.gov* or Rebecca Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., room 3C138, Washington, DC 20202-6132. Telephone:
(202)260-0968 or by e-mail: *Rebecca.Haynes@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FIRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact persons listed in this section. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. For additional program information call one of the program contact persons listed in this section between the hours of 8 a.m. and 5 p.m., Eastern Time, Monday through Friday. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html.* Dated: January 19, 2006. Henry L. Johnson, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E6-827 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Developing Hispanic-Serving Institutions
(HSI)Program; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2006 Catalog of Federal Domestic Assistance
(CFDA)*Number:* 84.031S. DATES: *Applications Available:* January 24, 2006. *Deadline for Transmittal of Applications:* March 10, 2006. *Deadline for Intergovernmental Review:* March 27, 2006. *Eligible Applicants:* Institutions of higher education
(IHEs)that qualify as eligible HSIs are eligible to apply for new Individual Development Grants and Cooperative Arrangement Development Grants under the HSI Program. To be an eligible HSI, an IHE must—
(1)Be accredited or preaccredited by a nationally recognized accrediting agency or association that the Secretary has determined to be a reliable authority as to the quality of education or training offered;
(2)Be legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree;
(3)Be designated as an “eligible institution” by demonstrating that it:
(A)Has an enrollment of needy students as described in 34 CFR 606.3; and
(B)has low average educational and general expenditures per full-time equivalent
(FTE)undergraduate student as described in 34 CFR 606.4;
(4)At the time of application, have an enrollment of undergraduate FTE students that is at least 25 percent Hispanic students; and
(5)Provide assurances that not less than 50 percent of its Hispanic students are low-income individuals. For purposes of making the determinations described in paragraphs
(4)and
(5)above, IHEs shall use student enrollments for the fall 2005 academic year. The Notice Inviting Applications for Designation as Eligible Institutions for FY 2006 was published in the **Federal Register** on December 16, 2005 (70 FR 74781). The HSI eligibility requirements are in 34 CFR 606.2 through 606.5 and can be accessed from the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.* Relationship Between HSI and Title III, Part A Programs Note 1: A grantee under the HSI Program, which is authorized by Title V of the Higher Education Act of 1965, as amended (HEA), may not receive a grant under any HEA, Title III, Part A Program. The Title III, Part A Programs include: the Strengthening Institutions Program, the American Indian Tribally Controlled Colleges and Universities Program; and the Alaska Native and Native Hawaiian-Serving Institutions Programs. Further, a current HSI Program grantee may not give up its HSI grant in order to receive a grant under any Title III, Part A Program. Note 2: An eligible HSI that does not fall within the limitation described in Note 1, *i.e.* , is not a current grantee under the HSI Program, may apply for a FY 2006 grant under all Title III, Part A Programs for which it is eligible, as well as under the HSI Program. However, a successful applicant may receive only one grant. Note 3: An eligible HSI that previously received a five-year Individual Development Grant under the HSI Program must wait for two years after the date the five-year grant ended, including any time extensions the grant may have received, to apply for another Individual Development Grant under the HSI Program. Note 4: An eligible HSI that submits more than one application may only be awarded one Individual Development Grant or one Cooperative Arrangement Development Grant in a fiscal year. Furthermore, we will not award a second Cooperative Arrangement Development Grant to an otherwise eligible HSI for the same award year as the institution's existing Cooperative Arrangement Development Grant award. *Estimated Available Funds:* $20,433,000. *Estimated Range of Awards:* Individual Development Grant: $300,000-$575,000. Cooperative Arrangement Development Grant: $400,000-$700,000. *Estimated Average Size of Awards:* Individual Development Grant: $500,000. Cooperative Arrangement Development Grant: $600,000. *Maximum Awards:* Individual Development Grant: $575,000 per year; Cooperative Arrangement Development Grant: $700,000 per year. We will not fund any application at an amount exceeding the maximum amounts specified above for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified above, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. *Estimated Number of Awards:* Individual Development Awards: 22. Cooperative Arrangement Development Awards: 14. Note: The Department is not bound by any estimates in this notice. Applicants should periodically check the HSI Program Web site for further information. The address is: *http://www.ed.gov/programs/idueshsi/index.html.* *Project Period:* Up to 60 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The HSI Program provides grants to assist HSIs to expand educational opportunities for, and improve the academic attainment of, Hispanic students. The HSI Program grants also enable HSIs to expand and enhance their academic offerings, program quality, and institutional stability. Program Authority: 20 U.S.C. 1101-1101d, 1103-1103g. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 81, 82, 84, 85, 86, 97, 98, and 99.
(b)The regulations for this program in 34 CFR part 606. II. Award Information *Type of Award:* Discretionary grant. Five-year Individual Development Grants and Five-year Cooperative Arrangement Development Grants will be awarded in FY 2006. Planning grants will not be awarded in FY 2006. *Estimated Available Funds:* $20,433,000. *Estimated Range of Awards:* Individual Development Grant: $300,000-$575,000. Cooperative Arrangement Development Grant: $400,000-$700,000. *Estimated Average Size of Awards:* Individual Development Grant: $500,000. Cooperative Arrangement Development Grant: $600,000. *Maximum Awards:* Individual Development Grant: $575,000. Cooperative Arrangement Development Grant: $700,000. We will not fund any application at an amount exceeding the maximum amounts specified above for a single budget period of 12 months. We may choose not to further consider or review applications with budgets that exceed the maximum amounts specified above, if we conclude, during our initial review of the application, that the proposed goals and objectives cannot be obtained with the specified maximum amount. *Estimated Number of Awards:* Individual Development Awards: 22. Cooperative Arrangement Development Awards: 14. Note: The Department is not bound by any estimates in this notice. Applicants should periodically check the HSI Program Web site for further information. The address is: *http://www.ed.gov/programs/idueshsi/index.html.* *Project Period:* Up to 60 months. III. Eligibility Information *Eligible Applicants:* IHEs that qualify as eligible HSIs are eligible to apply for new Individual Development Grants and Cooperative Arrangement Development Grants under the HSI Program. To be an eligible HSI, an IHE must—
(1)Be accredited or preaccredited by a nationally recognized accrediting agency or association that the Secretary has determined to be a reliable authority as to the quality of education or training offered;
(2)Be legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree;
(3)Be designated as an “eligible institution” by demonstrating that it:
(A)Has an enrollment of needy students as described in 34 CFR 606.3; and
(B)has low average educational and general expenditures per FTE undergraduate student as described in 34 CFR 606.4;
(4)At the time of application, have an enrollment of undergraduate FTE students that is at least 25 percent Hispanic students; and
(5)Provide assurances that not less than 50 percent of its Hispanic students are low-income individuals. For purposes of making the determinations described in paragraphs
(4)and
(5)above, IHEs shall use student enrollments for the fall 2005 academic year. The Notice Inviting Applications for Designation as Eligible Institutions for FY 2006 was published in the **Federal Register** on December 16, 2005 (70 FR 74781). The HSI eligibility requirements are in 34 CFR 606.2 through 606.5 and can be accessed from the following Web site: *http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.* Relationship Between HSI and Title III, Part A Programs Note 1: A grantee under the HSI Program, which is authorized by Title V of the HEA, may not receive a grant under any HEA, Title III, Part A Program. The Title III, Part A Programs include: the Strengthening Institutions Program; the American Indian Tribally Controlled Colleges and Universities Program; and the Alaska Native and Native Hawaiian-Serving Institutions Programs. Further, a current HSI Program grantee may not give up its HSI grant in order to receive a grant under any Title III, Part A Program. Note 2: An eligible HSI that does not fall within the limitation described in Note 1, *i.e.* , is not a current grantee under the HSI Program, may apply for a FY 2006 grant under all Title III, Part A Programs for which it is eligible, as well as under the HSI Program. However, a successful applicant may receive only one grant. Note 3: An eligible HSI that previously received a five-year Individual Development Grant under the HSI Program must wait for two years after the date the five-year grant ended, including any time extensions the grant may have received, to apply for another Individual Development Grant under the HSI Program. Note 4: An eligible HSI that submits more than one application may only be awarded one Individual Development Grant or one Cooperative Arrangement Development Grant in a fiscal year. Furthermore, we will not award a second Cooperative Arrangement Development Grant to an otherwise eligible HSI for the same award year as the institution's existing Cooperative Arrangement Development Grant award. 2. *Cost Sharing or Matching:* There are no cost sharing or matching requirements, unless the grantee uses a portion of its grant for establishing or improving an endowment fund. If a grantee uses a portion of its grant for endowment fund purposes, it must match those grant funds with non-Federal funds. (20 U.S.C. 1101c). IV. Application and Submission Information 1. *Address to Request Application Package:* J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:
(202)502-7583 or by e-mail: *Josephine.Hamilton@ed.gov* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* a. Applicants must provide, as an attachment to the application, the documentation the institution relied upon in determining that, for the fall 2005 academic year, at least 25 percent of the institution's undergraduate FTE students are Hispanic, and at least 50 percent of the enrolled Hispanic students are low-income individuals. Note: The 25 percent requirement applies only to undergraduate Hispanic students and is calculated based upon FTE students. The 50 percent low-income requirement includes the institution's total enrollment of Hispanic students and is calculated based upon head count. Instructions for formatting and submitting the verification documentation to *Grants.gov* are in the application package. b. Additional requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. Page Limits: The program narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We have established mandatory page limits for both the Individual Development Grant and the Cooperative Arrangement Development Grant applications. You must limit the section of the narrative that addresses the selection criteria to no more than 50 pages for the Individual Development Grant application and 70 pages for the Cooperative Arrangement Development Grant application, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1 inch margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, except titles, headings, footnotes, quotations, references, captions and all text in charts, tables, and graphs. • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. Applications submitted in any other font (including Times Roman and Arial Narrow) will not be accepted. • Use font size 12. The page limit does not apply to Part I, the application for federal assistance face sheet (SF 424); the supplemental information form required by the Department of Education; Part II, the budget information summary form (ED Form 524); and Part IV, the assurances and certifications. The page limit also does not apply to a table of contents or the program abstract. If you include any attachments or appendices other than those specifically requested, these items will be counted as part of the program narrative (Part III) for purposes of the page limit requirement. You must include your complete response to the selection criteria in the program narrative. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* Applications Available: January 24, 2006. Deadline for Transmittal of Applications: March 10, 2006. Applications for grants under this program competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. *Deadline for Intergovernmental Review:* March 27, 2006. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* We reference the regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. • *Applicability of Executive Order 13202* . Applicants that apply for construction funds under the HSI Program must comply with Executive Order 13202, signed by President Bush on February 17, 2001 and amended on April 6, 2001. This Executive order provides that recipients of Federal construction funds may not “require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other construction project(s)” or “otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same or other construction project(s).” However, the Executive order does not prohibit contractors or subcontractors from voluntarily entering into these agreements. Projects funded under this program that include construction activity will be provided a copy of this Executive order and grantees will be asked to certify that they will adhere to it. 6. *Other Submission Requirements:* Applications for grants under this program competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the HSI Program (CFDA Number 84.031S) must be submitted electronically using the Grants.gov Apply site at: *http://www.grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement* . You may access the electronic grant application for the HSI Program at: *http://www.grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.Grants.gov/GetStarted* ). These steps include
(1)registering your organization,
(2)registering yourself as an Authorized Organization Representative (AOR), and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (SF 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgment from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You also may mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT , and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., room 6052, Washington, DC 20006-8513 FAX:
(202)502-7861. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail* . If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031S), 400 Maryland Avenue, SW., Washington, DC 20202-4260 or, *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.031S), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031S), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (SF 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are in 34 CFR 606.22(a)-(g). Applicants must address each of the following selection criteria (separately for each proposed activity). The total weight of the selection criteria is 100 points; the weight of each criterion is noted in parentheses.
(a)Quality of The Applicant's Comprehensive Development Plan (Total 25 Points).
(b)Quality of Activity Objectives (Total 15 Points).
(c)Quality of Implementation Strategy (Total 20 Points).
(d)Quality of Key Personnel (Total 7 Points).
(e)Quality of Project Management Plan (Total 10 Points).
(f)Quality of Evaluation Plan (Total 15 Points).
(g)Budget (Total 8 Points). 2. *Review and Selection Process:* Tiebreaker for Development Grants. In tie-breaking situations for development grants described in 34 CFR 606.23(b), the HSI Program regulations require that we award one additional point to an application from an IHE that has an endowment fund for which the market value per FTE student is less than the comparable average per FTE student at a similar type of IHE. We also award one additional point to an application from an IHE that had expenditures for library materials per FTE student that are less than the comparable average per FTE student at a similar type IHE. For the purpose of these funding considerations, we use 2003-2004 data. If a tie remains after applying the tiebreaker mechanism above, priority will be given in the case of applicants for:
(a)Individual Development Grants to applicants that addressed the statutory priority found in section 511(d) of the HEA; and
(b)Cooperative Arrangement Development Grants to applicants in accordance with section 514(b) of the HEA, if the Secretary determines that the cooperative arrangement is geographically and economically sound or will benefit the applicant HSI. If a tie still remains after applying the additional point(s), and the relevant statutory priority, we will determine the ranking of applicants based on the lowest endowment values per FTE student. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118, 34 CFR 75.720, and in 34 CFR 606.31. 4. *Performance Measures:* The Secretary has established the following key performance measures for assessing the effectiveness of the HSI Program:
(1)The percentage of full-time undergraduate students who were in their first year of postsecondary enrollment in the previous year and are enrolled in the current year at the same institution;
(2)The percentage of students enrolled at 4-year HSIs graduating within 6 years of enrollment; and
(3)The percentage of students enrolled at 2-year HSIs graduating within 3 years of enrollment. VII. Agency Contacts *For Further Information Contact:* J. Alexander Hamilton, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8513. Telephone:
(202)502-7583 or by e-mail: *Josephine.Hamilton@ed.gov* or Carnisia Proctor, Telephone:
(202)502-7606 or by e-mail: *Carnisia.Proctor@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register,** in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 19, 2006. Sally L. Stroup, Assistant Secretary for Postsecondary Education. [FR Doc. E6-829 Filed 1-23-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Amended Record of Decision: Savannah River Site Salt Processing Alternatives AGENCY: Department of Energy (DOE). ACTION: Amended record of decision. SUMMARY: The Department of Energy (DOE), pursuant to 10 CFR 1021.315, is amending its *Record of Decision: Savannah River Site Salt Processing Alternatives* issued on October 17, 2001 (66 FR 52752). At that time the Department decided to implement the Caustic Side Solvent Extraction
(CSSX)technology, one of the alternative technologies evaluated in DOE/EIS-0082-S2 (Savannah River Site Salt Processing Alternatives Final Supplemental Environmental Impact Statement (SPA SEIS), June 2001) for separation of the high-activity fraction from the low-activity fraction of Savannah River Site
(SRS)salt wastes. DOE has initiated design of the Salt Waste Processing Facility (SWPF), which will house the CSSX technology. Now, using technologies described in the SPA SEIS, DOE has decided to change the processing and disposition pathway for a fraction of the low activity salt waste currently stored in the F- and H-Area tank farms. This action is called Interim Salt Processing. When the SWPF becomes operational, the remaining (and by far the majority) salt waste will be processed through the SWPF using the CSSX technology as described in the SPA SEIS; this action is called High Capacity Salt Processing. DOE will proceed with this interim approach because doing so will enable DOE to continue uninterrupted use of the Defense Waste Processing Facility
(DWPF)to vitrify higher activity sludge waste for disposal at a geologic repository for spent nuclear fuel and high-level waste. It will also allow DOE to use SWPF at higher capacity as soon as it comes on line. This will allow DOE to complete cleanup and closure of the tanks years earlier than would otherwise be the case. That, in turn, will reduce the time during which the tanks—including some that do not have full secondary containment and have a known history of leak sites—continue to store liquid radioactive waste. Finally, Interim Salt Processing will make more tank space available for routine operations, thereby reducing the number of transfers among tanks and increasing the safety of operations. Therefore, Interim Salt Processing will accelerate the reduction of potential risk to the environment, the public, and workers. DOE has prepared a Supplement Analysis (SA), Salt Processing Alternatives at the Savannah River Site (DOE/EIS-0082-S2-SA-01), in accordance with DOE National Environmental Policy Act
(NEPA)regulations (10 CFR 1021.314) to determine whether implementation of Interim Salt Processing is a substantial change to the selected CSSX processing of salt waste or whether there are significant new circumstances or information relevant to environmental concerns such that a supplement to the SPA SEIS or a new EIS would be needed. Based on the SA, DOE has determined that a supplement to the SPA SEIS or a new EIS is not needed. FOR FURTHER INFORMATION CONTACT: Copies of the SPA SEIS and the 2001 Record of Decision are available on DOE's NEPA Web site at: *http://www.eh.doe.gov/nepa* . Copies of this amended Record of Decision, and the SA, will be available on DOE's NEPA Web site at: *http://www.eh.doe.gov/nepa* under DOE NEPA Documents. To request copies of these documents, please contact: The Center for Environmental Management Information, P.O. Box 23769, Washington, DC 20026-3769. Telephone: 800-736-3282 (in Washington, DC: 202-863-5084). For further information regarding the processing and disposal of salt waste at the Savannah River Site, or to obtain copies of the SA discussed herein, or this amended Record of Decision, contact: Mr. Andrew R. Grainger, Savannah River Operations Office, U.S. Department of Energy, P.O. Box B, Aiken, SC 29802. Telephone: 803-952-8001. E-mail: *drew.grainger@srs.gov.* For information on DOE's NEPA process, contact: Ms. Carol Borgstrom, Director, Office of NEPA Policy and Compliance, EH-42, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119. Telephone 202-586-4600, or leave a message at 800-472-2756. SUPPLEMENTARY INFORMATION: I. Background DOE evaluated the environmental impacts of construction and operation of four alternative technologies for salt waste processing in the SPA SEIS. First, the concentrated supernate solution and solid saltcake (including the interstitial liquid) would be combined. The four salt processing technology alternatives considered in the SPA EIS all include initial separation of actinides (including plutonium and uranium) present in the salt solution by sorption on monosodium titanate (MST), followed by removal by filtration. The separated actinides would be sent to the DWPF for vitrification along with the sludge portion of the tank waste, which would not be processed through the salt processing facility. The remaining salt solution, which would have high concentrations of cesium
(Cs)but very low concentrations of actinides after the MST step, would be further processed to remove most of the Cs. The alternatives described in the SPA SEIS differ in the approach for removal of radioactive Cs from the salt solution. For each action alternative except Direct Disposal in Grout, most of the Cs would be extracted from the salt solution and incorporated into a vitrified waste form at the DWPF, along with the sludge portion of the tank waste and the actinides extracted in the MST step. The remaining low-activity salt waste stream would be sent to the Saltstone Production Facility, where it would be combined with grout in a homogeneous mixture and sent to the Saltstone Disposal Facility (also referred to as the Saltstone Vaults) for onsite disposal. Under the SEIS, all action alternatives but Direct Disposal in Grout would meet current permit conditions equivalent to Class A low-level waste. The Direct Disposal in Grout alternative would not meet the permit conditions due to high Cs concentrations. Under all action alternatives, the actinide concentration of the salt waste disposed in the Saltstone Disposal Facility would not exceed the Nuclear Regulatory Commission
(NRC)concentration limits for Class A low-level waste, and would be about 10 nanocuries per gram. DOE issued the Final SPA SEIS in June 2001 and in October 2001 DOE issued a Record of Decision selecting the preferred alternative described in the Final SPA SEIS—CSSX, with MST for removal of actinides—as the treatment technology for salt waste. DOE is currently designing the SWPF which will house the CSSX and MST treatment technologies. The disposal of saltstone waste in the Saltstone Disposal Facility is subject to the requirements of section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA). NDAA section 3116 authorizes the Secretary of Energy, in consultation with the NRC, to determine that certain waste from reprocessing is not high-level waste and that disposal in a geologic repository is not required, if it meets certain criteria. DOE prepared a Draft section 3116 Determination for Salt Waste Disposal at the Savannah River Site in February 2005, and consulted with the NRC pursuant to section 3116 of the NDAA. Although not required by section 3116, DOE made the draft 3116 Determination available for public review concurrent with DOE's consultation with the NRC. The NRC consultation process has been completed. On December 28, 2005, the NRC issued its Technical Evaluation Report of the U.S. Department of Energy Draft section 3116 Waste Determination for Salt Waste Disposal (TER). The TER presents information on DOE's salt waste processing strategy, the applicable review criteria, and the NRC's review approach, as well as the NRC's analysis and conclusions with respect to whether there is reasonable assurance that DOE's proposed approach can meet the applicable requirements of the NDAA for determining that waste is not high-level waste. As noted in its executive summary, “Based on the information provided by DOE to the NRC * * *, the NRC staff has concluded that there is reasonable assurance that the applicable criteria of the NDAA can be met provided certain assumptions made in DOE's analyses are verified via monitoring.” 1 1 NRC also made a number of observations regarding DOE's analysis. DOE addressed several key NRC observations in the Section 3116 Determination for Salt Waste Disposal at the Savannah River Site. DOE considered the NRC's TER, as well as the public comments on the Draft section 3116 Waste Determination, before issuing the section 3116 Waste Determination in January 2006. DOE also considered whether the comments on the Draft section 3116 Waste Determination raise issues or provide information that would affect the environmental discussion in the Salt Processing Alternatives SA and has determined that they do not. In the section 3116 Determination for Salt Waste Disposal at the Savannah River Site DOE concluded that, as demonstrated in the section 3116 Determination for Salt Waste Disposal at the Savannah River Site and in consideration of DOE's consultation with the NRC, the solidified low-activity salt waste is not high-level waste and may be disposed of in the Saltstone Disposal Facility at SRS. DOE also stated that DOE will continue to take actions (such as sampling, monitoring, and ensuring vault inventory limits) to confirm the ongoing validity of the Determination and to explore additional actions to further enhance the protection of workers, the public, and the environment. Interim Salt Processing and SWPF Operation 2 Since issuing the SPA SEIS and ROD, DOE has further considered options to maintain sufficient tank space to continue to vitrify sludge waste in the DWPF in the interim before the SWPF is operational. Continuing to operate DWPF will allow DOE to remove and vitrify sludge waste; prepare salt waste for treatment and disposal, and empty waste tanks so they may be closed. All of these actions will contribute to DOE's ability to continue to reduce the human health and environmental risk inherent in storage of high volumes of liquid radioactive waste. 2 The numbers and percentages in this Amended Record of Decision are either rounded numbers and percentages or are DOE's best estimates at this time. The numbers, percentages, and dates in this Amended Record of Decision should be viewed as approximate numbers, percentages, and dates. DOE will now process the salt waste using a two-phase, three-part process. The first phase (herein referred to as Interim Salt Processing) will involve two parts to treat some of the lower activity salt waste:
(1)Beginning in 2006, processing of a minimal amount of the lowest activity salt waste through a process involving deliquification, dissolution, and adjustment
(DDA)of the waste; and
(2)beginning in 2007, processing a minimal amount of additional salt waste with slightly higher activity levels using an Actinide Removal Process
(ARP)and a Modular CSSX Unit (MCU), following deliquification, dissolution, and adjustment of saltcake. The second and longer term phase, herein referred to as High Capacity Salt Processing, is identical to the CSSX technology as presented in the SPA SEIS and will, beginning in 2011, separate and process the remaining (and by far the majority) of the salt waste using the SWPF (augmented as necessary by ARP). The second phase will begin as soon as SWPF is constructed, permitted by the State of South Carolina, and becomes operational. The first, interim processing phase will cease at that time (except that ARP could be used as necessary to augment SWPF). 3 3 The start date for SWPF operations has been delayed (from 2009 to 2011) to allow for modification of the SWPF preliminary design to incorporate a higher degree of performance category
(PC)in the confinement barriers necessary for worker protection during natural phenomena hazard events. The Defense Nuclear Facilities Safety Board initially identified concerns related to the PC designations of the SWPF in August, 2004. DOE agreed in November, 2005, to modify the SWPF design after extensive analysis and review, resulting in an approximate two year delay in the planned startup of SWPF. DOE anticipates that it will continue to explore possible ways to improve the schedule for design and construction of the SWPF. It remains DOE's goal to complete processing of salt waste through the SWPF by 2019 although this date may need to be modified in the future. Despite this projected delay, DOE will not increase the quantity of waste (total curies) to be disposed of in the Saltstone Disposal Facility, nor increase the quantities (curies) processed with interim processes or SWPF from those described here and in the Draft Section 3116 Determination for Salt Waste Disposal at the Savannah River Site and the Section 3116 Determination for Salt Waste Disposal at the Savannah River Site. Therefore, the date change does not affect the analyses in the Section 3116 Determination for Salt Waste Disposal at the Savannah River Site, its supporting documents, or the NRC consultation. The modified schedule is reflected in the Section 3116 Determination for Salt Waste Disposal at the Savannah River. However, the technical and programmatic documents that are referenced by the Section 3116 Determination for Salt Waste Disposal at the Savannah River Site have not been updated to reflect this new date because the schedule change did not occur until after those documents were completed. About 33.8 million gallons
(Mgal)of salt waste are currently stored in underground waste storage tanks at SRS. This waste, along with future salt waste forecasted to be sent to the tank farms, will be processed through DDA, ARP/MCU, and the SWPF. DOE estimated in preparing the Section 3116 Determination that an additional 41.3 Mgal of unconcentrated salt waste would have been received by the Tank Farms between December 1, 2004, and the completion of salt waste processing. After both liquid removal by processing through the Tank Farm evaporator systems and later additions of liquid for saltcake dissolution and chemistry adjustments required for processing, approximately 84 Mgal (5.9 Mgal existing salt waste through the DDA process, 1.0 Mgal future salt waste through the DDA process, 2.1 Mgal existing and future salt waste through ARP/MCU, 69.1 Mgal existing salt waste through SWPF, and 5.9 Mgal future salt waste through SWPF) of salt solution will be processed by Interim Salt Processing and High Capacity Salt Processing resulting in approximately 168 Mgal of grout output from the Saltstone Production Facility to be disposed of in the Saltstone Disposal Facility. In terms of curies, implementation of Interim Salt Processing followed by High Capacity Salt Processing will result in onsite disposal of 3.0 to 5.0 million curies (MCi), with the majority (about 2.8 MCi of 3.0 MCi) resulting from Interim Salt Processing, in the Saltstone Disposal Facility. This represents 1.3 to 2.2 percent of the approximately 223 MCi in the salt waste. DOE's current estimate is that 3.0 MCi, or 1.3 percent of the total will be disposed of in the Saltstone Disposal Facility, and 3.0 MCi is used in this document. The higher number of 5 MCi represents uncertainties in the radiological characterization of the salt waste. Deliquification, Dissolution, and Adjustment, Actinide Removal Process, and Modular CSSX Unit These facilities and processes are described in the Salt Processing Alternatives SA, and in greater detail in DOE's section 3116 Determination for Salt Waste Disposal at the Savannah River Site. The DDA process will be the first interim process used and will be used to process some of the lowest activity salt waste from 2006 until 2011 when the SWPF begins operation. The DDA process will also be used to prepare waste feed streams for the ARP and MCU and will operate in parallel with those facilities. In 2007, ARP and MCU operations will be initiated to process slightly higher activity salt waste. ARP and MCU will use processes described in the SPA SEIS (MST treatment and CSSX), the same technologies that will be incorporated in the SWPF, which will process about 98.7 percent of the 223 million curies in salt waste. The ARP will be comprised of the actinide removal process that was described as part of the pilot plant, which also included a low-capacity CSSX capability, in the SPA SEIS. In order to take advantage of existing infrastructure and minimize construction costs, DOE will modify existing SRS facilities 512-S (formerly the Late Wash Facility) and 241-96H (formerly the filter building portion of the In-Tank Precipitation facility). The MCU will house a low-capacity CSSX technology, similar to the pilot plant described in the SPA SEIS. The MCU is being constructed in the former cold feeds area of the In-Tank Precipitation facility. The SA provides further details of the new and existing facilities and processes that will be used for Interim Salt Processing. Regulatory Requirements A modification to the Saltstone Disposal Facility Industrial Solid Waste Landfill
(ISWL)permit, issued by the South Carolina Department of Health and Environmental Control (SCDHEC), will be required prior to implementation of Interim Salt Processing. The current Saltstone Disposal Facility ISWL permit authorizes disposal of waste with radionuclide concentrations comparable to Class A low-level waste limits (10 nCi/g) as defined in NRC regulations at 10 CFR 61.55. SCDHEC under its State wastewater permitting authority issued the permit. The permit requires DOE to notify SCDHEC if the characteristics of wastes to be disposed in the Saltstone Disposal Facility would change, as will be the case with the higher concentrations of radionuclides (about 0.2 Ci/gal rather than about 0.1 Ci/gal, and about 41 nCi/g actinides rather than less than 10 nCi/g) in saltstone that will be disposed when DOE implements Interim Salt Processing. DOE has submitted a request for a modification to the Saltstone Disposal Facility ISWL permit. The requested modification would cover waste with concentrations less than the NRC Class C limits (100 nCi/gm). II. Decision DOE has decided to implement Interim Salt Processing, followed by High Capacity Salt Processing using the CSSX technology when the SWPF becomes operational. DOE will change the processing and disposition pathway for a fraction (about 1.3 percent, or about 3.0 MCi) of the salt waste currently stored in the F- and H-Area tank farms. DOE will use the DDA process to segregate supernate and interstitial liquid from saltcake in order to send salt waste with low curie content (about 2.5 MCi, or about 6.9 Mgal) to the Saltstone Production Facility, where it will be combined with chemicals to form a grout matrix and sent to the Saltstone Disposal Facility. The waste processed with DDA will, after solidification, have an average Cs concentration of about 0.2 Ci/gal and actinide concentration of about 41 nCi/g. DOE will also use the DDA process to dispose of 0.24 Mgal of relatively low activity salt solution currently stored in Tank 48. DOE will process this waste without removal of radionuclides by combining the stream with another salt waste stream, currently planned to be the low-activity liquid recycle waste stream from the DWPF. About 2.1 Mgal of salt waste with slightly higher curie content will be prepared for processing through the ARP and MCU; about 0.3 MCi, or about 2.1 Mgal, will be disposed of in the Saltstone Disposal Facility. When SWPF becomes operational in about 2011 the CSSX technology will be used to process the inventory of salt waste that was not processed during interim salt processing. DOE expects to process about 98.7 percent (about 220 MCi) of the salt waste inventory using the CSSX technology as described in the SPA SEIS. After processing in the SWPF waste sent to the Saltstone Disposal Facility will have a Cs concentration of about 0.1 Ci/gal and actinide concentration of less than 10 nCi/g. III. Basis for the Decision DOE has initiated design of the Salt Waste Processing Facility (SWPF), which will house the CSSX technology selected in the Record of Decision. Now, using technologies described in the SPA SEIS, DOE has decided to change the processing and disposition pathway for a fraction of the salt waste currently stored in the F- and H-Area tank farms. This action is called Interim Salt Processing. When the SWPF becomes operational, the remaining salt waste will be processed using High Capacity Salt Processing through the SWPF using the CSSX technology as described in the SPA SEIS. If DOE is to be in a position to continue removal and vitrification of the high-activity sludge between now and the startup of the SWPF, including removing sludge waste from the tanks that lack full secondary containment, and to operate the SWPF efficiently after its construction is complete, DOE must proceed with Interim Salt Processing. The only practical way DOE will be able to move forward with sludge vitrification without significant disruption and delay, and assure efficient operation of the SWPF, is to use interim salt processing technologies to remove and dispose of a limited amount of the salt waste currently in the tanks during this interim period. Otherwise, DOE would be forced to decrease, postpone, and eventually halt the on-going activities to remove and stabilize tank waste that currently are reducing risk to the occupational workers, the public, and the environment. IV. Supplement Analysis To determine whether the proposed action warrants a supplement to the SPA SEIS or a new EIS, DOE prepared the SA, Salt Processing Alternatives at the Savannah River Site (DOE/EIS-0082-S2-SA-01). In the SA DOE compared the impacts of implementing Interim Salt Processing followed by High Capacity Salt Processing to the impacts of the salt processing alternatives evaluated in the SPA SEIS. Using the DDA process from 2006 until about 2011, salt waste with a Cs concentration of about 0.2 Ci/gal and an actinide concentration of about 41 nCi/g, totaling about 2.5 MCi, will be sent to the Saltstone Production Facility and then to the Saltstone Disposal Facility. Salt waste processed through the ARP and MCU, which will operate from 2007 until the SWPF becomes operational will have a Cs concentration of about 0.1 Ci/gal and an actinide concentration comparable to SWPF waste ( *i.e.* , less than 10 nCi/g) after processing, and will result in about 0.3 MCi processed through the Saltstone Production Facility for disposal at the Saltstone Disposal Facility. These concentrations are the same as those described in the SPA SEIS for salt waste processed using the CSSX technology. After the SWPF becomes operational in 2011, waste sent to the Saltstone Disposal Facility will have concentrations the same as those evaluated in the SPA SEIS, until waste processing is completed. In all, implementing Interim Salt Processing followed High Capacity Salt Processing using the CSSX technology at the SWPF will result in disposal of about 3.0 MCi, or 1.3 percent of the total curies contained in the salt waste, at the Saltstone Disposal Facility. 4 4 Due to uncertainties in the characterization of the salt waste, the total curies disposed could range up to 5.0 MCi. The uncertainty concerning disposal of 3.0 MCi or up to about 5.0 MCi is inconsequential in light of the Direct Disposal in Grout impacts analysis found in the SPA SEIS. As explained in the SPA SEIS, the impacts of the Direct Disposal in Grout alternative are greater than those of the other alternatives. DOE concluded, however, that any of the alternatives evaluated, including Direct Disposal in Grout, could be implemented with only small and acceptable environmental impacts. The SA addressed the impacts of the processing and disposal of higher concentrations of actinides during Interim Salt Processing than evaluated in the Salt Processing Alternatives SEIS. These higher concentrations will be found in that fraction of the salt waste segregated using the DDA process and sent directly for disposal without treatment in the ARP and MCU. For the analysis presented in the SA, DOE conservatively assumed the entire salt waste inventory, processed through the SWPF using the CSSX for the operating life of the facility, would be sent to the Saltstone Production Facility with an actinide concentration of 100 nCi/g, the concentration limit for Class C waste. However, when Interim Salt Processing is implemented, concentrations will be less. That is, about 41 nCi/g resulting from the DDA process will be sent to the Saltstone Production Facility without treatment in ARP and MCU from 2006 until about 2011 when the SWPF becomes operational. DOE estimates that only about 6.8 Mgal or about 6 percent of the total salt waste inventory will have an average concentration of about 41 nCi/g. For the SA analysis DOE used the same Cs concentration DOE used for the SPA SEIS. The differences in impacts are therefore attributed solely to the increased actinide concentration. Short-Term Impacts As evaluated in the SPA SEIS, short-term impacts are incurred during operation of the salt waste processing facilities, and long-term impacts are those resulting from release of disposed radionuclides from the Saltstone Disposal Facility. As described in the SA, differences in short-term impacts resulting from implementing Interim Salt Processing followed by SWPF operation using the CSSX technology will be small compared to operation of the CSSX technology as described in the SPA SEIS. Modifications to the Saltstone Production Facility were completed within the existing structure and result in no new land disturbance. Impacts from construction of the MCU will not differ from those described for the pilot plant in the SPA SEIS. The existing 512-S and 241-96H facilities will be modified for the ARP and will be operated remotely. No adverse impacts are anticipated from construction. Implementation of Interim Salt Processing will not necessitate changes in the design or operation of the SWPF. There is the potential for short-term impacts to the health of workers and the public due to radiation doses from airborne releases of Cs and actinides from processing activities. For example, the dose to the maximum exposed individual would increase from the 0.31 millirem analyzed under the Caustic Side Solvent Extraction alternative in the SPA SEIS to 0.58 millirem (due to increased actinide concentrations in that portion of the salt waste segregated using DDA but not treated using ARP and MCU before disposal). Similar small increases would occur in involved worker doses and non-involved worker doses. The 0.31 millirem dose to the maximum exposed individual would result in a probability of a latent cancer fatality of about 2 chances in 1,000,000 (2.0 × 10 −6 ). The 0.58 millirem dose to the maximum exposed individual would result in a probability of a latent cancer fatality of about 3.7 chances in 1,000,000 (3.7 × 10 −6 ). Long-Term Impacts In the SA, DOE compares calculated doses and impacts from the SPA SEIS (the SWPF using the CSSX technology) and the increased actinide concentrations in the Saltstone Disposal Facility from implementing Interim Salt Processing followed by SWPF operation. Three scenarios are used. In the Agricultural Scenario an individual is assumed to unknowingly farm and constructs and lives in a permanent residence on the vaults. At 100 years post-closure a sufficient layer of soil would be present over the still-intact disposal vaults so that the resident would be unaware that the residence was constructed over the vaults. At 1,000 years post-closure the saltstone is assumed to have weathered sufficiently so that the resident could construct a residence without being aware of the presence of the saltstone. Under the Agricultural Scenario the doses and latent cancer fatalities resulting from Interim Salt Processing followed by SWPF operation using the CSSX technology increase slightly. Under the Residential Scenario at 100 Years, impacts from Interim Salt Processing would be comparable to Caustic Side Solvent Extraction analyzed in the SPA SEIS. For the Residential Scenario at 100 Years doses are dominated by Cs, which has largely decayed by 1,000 years post-closure. When Interim Salt Processing followed by SWPF operation using the CSSX technology is implemented, waste with a concentration of about 41 nCi/g resulting from the DDA process without ARP and MCU treatment will be sent to the Saltstone Disposal Facility until SWPF becomes operational. Using ARP and throughout the operating life of the SWPF, salt waste sent to the Saltstone Disposal Facility will have actinide concentrations of 10 nCi/g or less. Long-term impacts will be less than shown in the SA when DOE implements Interim Salt Processing followed by SWPF because the actual inventory of actinides disposed of in the Saltstone Disposal Facility will be less than assumed in the calculation. V. Conclusions DOE will process about 98.7 percent of the salt waste inventory (about 220 of about 223 MCi) using the CSSX technology as described in the SPA SEIS. When SWPF becomes operational the CSSX technology will be used to process the inventory of salt waste that was not processed during interim salt processing. Interim Salt Processing followed by High Capacity Salt Processing through SWPF using the CSSX technology does not constitute a substantial change in actions previously analyzed and does not present significant new circumstances or information relevant to environmental concerns and bearing on the impacts of DOE's salt processing and waste disposal program. Therefore, DOE does not need to undertake additional NEPA analysis, and DOE will implement Interim Salt Processing followed by High Capacity Salt Processing through SWPF using the CSSX technology to relieve tank space limitations and assure that vitrification of the high-activity fraction of liquid radioactive waste (sludge waste) at the Savannah River Site will continue uninterrupted while construction of the SWPF is completed. Issued in Washington, DC, this 17th day of January 2006. James A. Rispoli, Assistant Secretary for Environmental Management. [FR Doc. E6-818 Filed 1-23-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Section 3116 Determination for Salt Waste Disposal at the Savannah River Site AGENCY: Office of Environmental Management, Department of Energy. ACTION: Notice of Availability. SUMMARY: The Department of Energy
(DOE)announces the availability of a section 3116 determination for the disposal of separated, solidified, low-activity salt waste at the Savannah River Site
(SRS)near Aiken, South Carolina. Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 authorizes the Secretary of Energy, in consultation with the Nuclear Regulatory Commission, to determine that certain waste from reprocessing is not high-level waste
(HLW)if it meets the statutory criteria set forth in Section 3116. The Section 3116 determination sets forth the basis on which the Secretary has determined that the salt waste is not high-level waste because it
(1)does not require permanent isolation in a deep geologic repository,
(2)has had highly radioactive radionuclides removed to the maximum extent practical, and
(3)meets the NRC performance objectives for the disposal of low level waste. In a separate notice published in today's **Federal Register** , DOE is also making available the amended Record of Decision for Savannah River Site Salt Processing Alternatives Final Supplemental Environmental Impact Statement, originally issued on October 17, 2001 (66 FR 52752). ADDRESSES: The final determination, as well as DOE's responses to the public comments received on the draft determination, are available on the Internet at *http://apps.em.doe.gov/swd,* and are publicly available for review at the following locations: U.S. Department of Energy, Public Reading Room, 1000 Independence Avenue, SW., Room 1E-190, Washington, DC 20585, Phone:
(202)586-5955, or Fax:
(202)586-0575; and U.S. Department of Energy, Savannah River Operations Office, Public Reading Room, 171 University Parkway, Aiken, SC 29801, Phone:
(803)641-3320, or Fax:
(803)641-3302. SUPPLEMENTARY INFORMATION: As of November 2005 there are 36.4 million gallons
(Mgal)of liquid radioactive waste stored in underground waste storage tanks at SRS. The waste consists of two distinct kinds of material: approximately 2.6 Mgal of sludge, comprised primarily of metals that settled at the bottom of the tanks; and approximately 33.8 Mgal of salt waste, which is comprised of concentrated salt solution (supernate) and crystallized saltcake. DOE's plans call for stabilizing and disposing of retrieved sludge in a deep geologic repository for spent nuclear fuel and high-level radioactive waste. This will be done by stabilizing the HLW in a borosilicate glass matrix through vitrification in a facility known as the Defense Waste Processing Facility (DWPF). This process has been ongoing since 1996. Regarding the salt waste, DOE plans to remove cesium, strontium, and actinides from these materials using a variety of technologies, combining the removed cesium, strontium, and actinides with the sludge being vitrified in DWPF, and solidifying the remaining low-activity salt stream into a grout matrix, known as saltstone grout, suitable for disposal in vaults at the Saltstone Disposal Facility at SRS. The disposal of this low-activity salt stream on site is the subject of this section 3116 determination. DOE is separating the salt waste to segregate the low-activity fraction using a two-phase, three-part process. The first phase will involve two parts to treat the lower activity salt waste:
(1)Beginning in 2006, DOE will process a minimal amount of the lowest-activity salt waste through a process involving deliquification, dissolution, and adjustment of the waste; and
(2)beginning in 2007, DOE will process a minimal amount of additional salt waste with slightly higher activity levels using an Actinide Removal Process and a Modular Caustic Side Solvent Extraction Unit. The second, and longer-term phase, which is scheduled to begin in 2011, involves the separation and processing of the remaining (and by far the majority) of the salt waste using a high capacity Salt Waste Processing Facility, augmented as necessary by the Actinide Removal Process. This second phase will begin as soon as the Salt Waste Processing Facility is constructed, permitted by the State of South Carolina, and operational. DOE believes that this two-phase, three-part approach to processing and disposing of the salt waste at SRS will enable it to complete cleanup and closure of the tanks years earlier and maximize reduction of the potential risks that the tank wastes pose to the environment, the public, and SRS workers. Taken together, the various technologies that will be used are expected to result in the removal and vitrification through the DWPF of 98 to 99 percent of the total radioactivity currently contained in the salt waste, while minimizing the time that waste will be stored in the underground tanks, some of which have a known history of leaks. Issued in Washington, DC, on January 17, 2006. James A. Rispoli, Assistant Secretary for Environmental Management. [FR Doc. E6-814 Filed 1-23-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL06-46-000] Tucson Electric Power Company, Complainant, v. El Paso Electric Company, Respondent; Notice of Complaint January 17, 2006. Take notice that on January 11, 2006, Tucson Electric Power Company
(TEP)filed a complaint against El Paso Electric Company
(EPE)pursuant to Rule 206 of the Commission's Rules. TEP states that EPE has refused to permit TEP to use transmission rights on certain EPE transmission facilities that were assigned to it in a Tucson-El Paso Power Exchange and Transmission Agreement on file with the Commission (Power Exchange Agreement) for transmission of electricity from the newly-constructed Luna Generating Station near Deming, NM, to the TEP electric system. TEP has asked for Fast Track Processing of the Complaint and for prompt issuance of an order requiring EPE to refrain from disconnecting the Luna Generating Station to the TEP grid and to transmit electricity from TEP's share of the Luna Generating Station to the TEP service territory in accordance with the terms of the Power Exchange Agreement. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on January 31, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-792 Filed 1-23-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 January 17, 2006. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER01-205-010; ER98-2640-008; ER98-4590-006; ER99-1610-013; EL05-115-000. *Applicants:* Xcel Energy Services, Inc.; Northern States Power Company; Public Service Company of Colorado; Southwestern Public Service Company, New Century Services, Inc.; Xcel Energy Services, Inc. *Description:* Xcel Energy Services, Inc., on behalf of Southwestern Public Service Co. *et al.* submit an amendment to its updated market power analysis in response to FERC's December 8, 2005 letter and January 12, 2006 revision filing for Attachment B to this filing. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0038. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER01-642-004; ER01-1335-006; ER01-1011-008. *Applicants:* CottonWood Energy Company LP; Magnolia Energy LP; Redbud Energy LP. *Description:* Cottonwood Energy, LP, Magnolia Energy LP and Redbud Energy LP submit an amended notification of change in status under market-based rate authority. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0035. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER01-642-005; ER01-1335-007; ER01-1011-009. *Applicants:* CottonWood Energy Company LP; Magnolia Energy LP; Redbud Energy LP. *Description:* Cottonwood Energy Co., LP *et al.* submit revisions to their respective market-based tariff to include a Conduct of Conduct. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0145. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER03-394-004; ER03-427-004; ER03-175-006. *Applicants:* Elk Hills Power, LLC; Mesquite Power, LLC, Termoelectrica U.S., LLC. *Description:* Elk Hills Power, LLC, Mesquite Power, LLC, *et al.* submit an updated market power analysis pursuant to FERC's March 21, 2003 Order. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0124. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER05-1312-001; EC05-123-000. *Applicants:* Monongahela Power Company and Columbus Southern Power Company. *Description:* Monongahela Power Co., on behalf of Columbus Southern Power Co., notifies FERC that the dispositions and acquisition of the jurisdiction facilities authorized by such order was consummated on December 31, 2005. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0146. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-318-001. *Applicants:* North American Energy Credit and Clearing. *Description:* North American Energy Credit and Clearing submits supplemental information and a revised rate schedule to amend the Petition for Acceptance of Initial Rate Schedule, Wavier and Blanket Authority. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0147. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-326-001. *Applicants:* North American Energy Credit and Clearing. *Description:* North American Energy Credit & Clearing submits supplemental information and a revised rate schedule to amend the Petition for Acceptance of Initial Rate Schedule, Waivers & BlanketAuthority. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0148. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-463-000. *Applicants:* Alcoa Power Generating, Inc. *Description:* Alcoa Power Generating, Inc., submits the required ministerial changes to the Large Generator Interconnection Agreement, Small Generator Interconnection Procedures and Small Gen. Interconnection Agreement sections of its Yadkin OATT. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0323. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-464-000. *Applicants:* Highlands Energy Group LLC. *Description:* Highlands Energy Group, LLC's petition for acceptance of initial rate schedule, waivers, and blanket authority. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0324. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-466-000. *Applicants:* EL Paso Electric Company. *Description:* El Paso Electric Co., submits an unexecuted Service Agreement with Tucson Electric Power Co. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0326. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER06-470-000. *Applicants:* Alcoa Power Generating Inc. *Description:* Alcoa Power Generating Inc., submits required ministerial changes to the Large Generator Interconnection Agreement, and Small Generator Interconnection Agreement sections of its Tapoco Division OATT. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0329. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER96-1551-015; ER01-615-011. *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Co. of New Mexico, submits filing of a possible change in status with regard to the characteristics that the Commission previously relied upon in granting PNM Market-Based Rate Authority. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0177. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER98-1150-007. *Applicants:* Tucson Electric Power Company. *Description:* Tucson Electric Power Co., submits filing of a change in status with regard to the characteristics that the Commission relied upon in granting market-based rate authority. *Filed Date:* January 10, 2006. *Accession Number:* 20060113-0125. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER99-1757-009; EL05-67-000. *Applicants:* The Empire District Electric Company. *Description:* The Empire District Electric Co., submits additional information in response to the Commission's deficiency letter order dated December 9, 2005. *Filed Date:* January 9, 2006. *Accession Number:* 20060112-0306. *Comment Date:* 5 p.m. Eastern Time on Monday, January 30, 2006. *Docket Numbers:* ER99-3077-002. *Applicants:* Colorado Power Partners. *Description:* Colorado Power Partners submits an amendment to its triennial updated market power analysis and substitute tariff sheets to FERC Electric Tariff, Original Volume No. 1. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0036. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. *Docket Numbers:* ER99-3197-002. *Applicants:* BIV Generation Company LLC. *Description:* BIV Generation Co., LLC submits an amendment to its triennial updated market power analysis and Substitute tariff sheets to FERC Electric Tariff, Original Volume No. 1. *Filed Date:* January 10, 2006. *Accession Number:* 20060112-0037. *Comment Date:* 5 p.m. Eastern Time on Tuesday, January 31, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern Time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-789 Filed 1-23-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11588-011, Alaska] Alaska Power and Telephone Company; Notice of Availability of Environment Assessment January 17, 2006. An environmental assessment
(EA)is available for public review. The EA was prepared for an application filed by the Alaska Power and Telephone Company (licensee) on October 17, 2005, requesting Commission approval to make certain design and site location changes to project facilities as licensed. The changes include:
(1)Constructing a 675-foot-long, 9 foot horseshoe tunnel to provide a route for the upper section of the penstock and access to the diversion structure,
(2)altering the penstock composition and alignment and the alignment and width of the access road for a length of 2,860 feet,
(3)moving the powerhouse 80 feet south of the original location and increase the tailrace length from 75 feet to 163 fee,
(4)moving the marine access about 600 feet north of the original location and construct a 250-foot-long jetty with a quay and boat ramp; and
(5)constructing a 33,000 square-foot rockfill staging area onshore. The EA evaluates the environmental impacts that would result from approving the licensee's proposed changes to certain project facilities and locations. Some additional ground disturbance would occur but impacts to the terrestrial and marine environments are expected to be minor and short term. The EA finds that approval of the amendment application would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the EA is attached to a Commission order titled “Order Amending License”, issued January 12, 2006, and is available in the Commission's Public Reference Room. A copy of the EA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number (P-11588) in the docket field to access the document. For assistance, call
(202)502-8222 or
(202)502-8659 (for TTY). Magalie R. Salas, Secretary. [FR Doc. E6-791 Filed 1-23-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests January 17, 2006. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No.:* 2503-092. c. *Date Filed:* December 21, 2005. d. *Applicant:* Duke Power, a division of Duke Energy Corporation. e. *Name of Project:* Keowee-Toxaway Project. f. *Location:* Lake Keowee is located in Pickens and Oconee County, South Carolina. This project does not occupy any tribal or federal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC 28201-1006; 704-382-8576. i. *FERC Contact:* Any questions on this notice should be addressed to Brian Romanek at
(202)502-6175 or by e-mail: *Brian.Romanek@ferc.gov.* j. *Deadline for filing comments and or motions:* February 17, 2006. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2503-092) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power, licensee for the Keowee-Toxaway Hydroelectric Project, has requested Commission authorization to lease project lands to Outerbanks, Inc. for the purpose of reconfiguring a marina previously approved by the Commission. The reconfiguration would reduce the existing marina footprint from 1.62 acres to 1.56 acres and the number of boat slips from 56 to 54. The marina would accommodate residents of the Outerbanks Subdivision on Lake Keowee off of Hatteras Ridge Road in Six Mile, South Carolina. (Pickens County). l. *Location of the Application:* This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E6-790 Filed 1-23-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8024-4] Office of the Science Advisor; Office of Research and Development; Broad Agency Announcement for Conferences, Workshops, or Meetings AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency
(EPA)is issuing this Broad Agency Announcement
(BAA)soliciting applications from eligible applicants for the planning, arranging, administering, and conducting of conferences, workshops, and/or meetings in the areas of EPA mission related issues connected to protecting, human health and safeguarding the natural environment; advancing the scientific and technical research that promotes environmental protection; exploring current and emerging issues of importance to environmental protection; and/or encouraging collaboration among the nation's best scientists and engineers in academia, business and nonprofit research institutes. DATES: The opening date for this BAA is January 19, 2006 and it will close on January 18, 2007. The Agency will make funding decisions on a quarterly basis beginning approximately April 18, 2006, and thereafter approximately every three months. The next funding decisions will be approximately on July 17, 2006, October 16, 2006, and January 16, 2007. However, in order for a proposal to be considered for funding, it must be received by EPA no later than three months prior to the start of the conference for which the applicant is requesting EPA funding under this BAA and no later than January 18, 2007. FOR FURTHER INFORMATION CONTACT: Eligibility Contact: Michael Bender, 202-564-6829; email: *bender.michael@epa.gov* Electronic Submissions: ORD Call Center (Phone: 202-343-5500) Technical Contact: [ *Michael Bender, Project Officer* ]; Phone: 202-564-6829; e-mail: *bender.michael@epa.gov* SUPPLEMENTARY INFORMATION: I. Introduction Advancing sound science on cross-cutting issues at EPA is a goal of the Office of the Science Advisor (OSA), Office of Research and Development
(ORD)which is based at EPA headquarters in Washington, DC. OSA, Office of Research and Development's mission includes supporting leading-edge research to stimulate the sound use of science and technology to fulfill EPA's mission to protect human health and safeguard the natural environment. One way to accomplish this is to provide broad informational technical support through conferences, which further environmental research by communicating ideas, knowledge, expertise, innovation and creativity in solving complex environmental issues. The Agency intends to assist in this sharing of information with the broad scientific community by awarding grant/cooperative agreement support for such efforts. The Agency also encourages the coordination and use of EPA funding with other Federal and/or non Federal sources of funds to leverage additional resources to carry out the proposed effort. Applicants may use their own funds or other resources ( *e.g.* support from a collaborating institution or organization) for a voluntary match or cost share if the standards at 40 CFR 30.23 or 40 CFR 31.24, as applicable, are met. II. Eligibility Information States, territories and possessions, and Tribal nations of the U.S., including the District of Columbia, public and private universities and colleges, hospitals, laboratories, local governments, other public or private nonprofit institutions, are eligible to apply. Universities and educational institutions must be subject to OMB Circular A-21. Profit-making firms are not eligible to receive grants from the EPA under this program. Eligible nonprofit organizations include any organizations that meet the definition of nonprofit in OMB Circular A-122. However, nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that lobby are not eligible to apply. III. Award Information *Anticipated Type of Award:* Grant or Cooperative Agreement. *Estimated Number of Awards Under this BAA:* Approximately 25 awards depending upon the amount of any individual award. *Anticipated Funding Amount:* Office of the Science Advisor (OSA), Office of Research and Development may have up to an estimated $150,000 for awards under this BAA; other ORD offices may have additional funding of up to an estimated $600,000 available for awards under this BAA—therefore the total estimated amount available for all awards under this BAA may be approximately $750,000. IV. Potential Funding per Grant EPA may award funding under this BAA in the following two categories: 1. Meeting and workshop support up to $25,000 per agreement including direct and indirect costs. This category is for major support of small scale, focused meetings and workshops on a specific subject or subjects, or for partial support of a larger conference. 2. Large conference support up to $75,000 per agreement including direct and indirect costs. This category is for major support of broader conferences that include a wide range of subjects relating to environmental research. EPA will not consider applications for less than $5,000. All grants and cooperative agreements will have a duration of up to 1 year to provide for follow-up activities such as publication of reports and proceedings. Cost-sharing is not required for awards under this BAA. V. Award Notices EPA will notify successful and unsuccessful applicants by e-mail. Applicants selected for funding will be required to provide additional information listed under “Award Notices.” EPA may require selected applicants to submit additional forms and certifications. The application will then be forwarded to EPA's Grants Administration Division for award in accordance with the EPA's procedures. The Agency is not obligated to fund selected applicants until a grant is awarded by EPA's Grants Administration Division. Applicants are cautioned that only a grants officer can bind the Government to the expenditure of funds; preliminary selection by EPA does not guarantee an award will be made. The official notification of an award will be made by the Agency's Grants Administration Division. Nonprofit applicants recommended for funding under this BAA will be subject to a preaward administrative capability review consistent with sections 8.b, 8.c, and 9.d of EPA Order 5700.8, *EPA Policy on Assessing Capabilities of Non-Profit Applicants for Managing Assistance Awards* ( *http://www.epa.gov/ogd/grants/regulations.htm)* . Before or after an award, applicants may be required to provide additional quality assurance documentation. Further information, if needed, may be obtained from the EPA officials indicated under the section titled: “For Further Information Contact.” Information regarding this BAA obtained from sources other than these Agency Contacts may not be accurate. E-mail inquiries are preferred. To view the full Broad Agency Announcement go to: *http://www.epa.gov/ord/htm/grantopportunity.htm* . Dated: January 18, 2006. William H. Farland, Chief Scientist, Office of the Science Advisor. [FR Doc. E6-810 Filed 1-23-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8023-9] Clean Water Act Section 303(d): Final Agency Action on 44 Total Maximum Daily Loads (TMDLs) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: This notice announces the final agency action on 44 TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled *Sierra Club, et al.* v. *Clifford, et al.* , No. LR-C-99-114. Documents from the administrative record files for the final 44 TMDLs, including TMDL calculations and responses to comments, may be viewed at *http://www.epa.gov/earth1r6/6wq/artmdl.htm.* ADDRESSES: The administrative record files for these 44 TMDLs may be obtained by writing or calling Ms. Diane Smith, Environmental Protection Specialist, Water Quality Protection Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, TX 75202-2733. Please contact Ms. Smith to schedule an inspection. FOR FURTHER INFORMATION CONTACT: Diane Smith at
(214)665-2145. SUPPLEMENTARY INFORMATION: In 1999, five Arkansas environmental groups, the Sierra Club, Federation of Fly Fishers, Crooked Creek Coalition, Arkansas Fly Fishers, and Save our Streams (plaintiffs), filed a lawsuit in Federal Court against the EPA, styled *Sierra Club, et al.* v. *Clifford, et al.* , No. LR-C-99-114. Among other claims, plaintiffs alleged that EPA failed to establish Arkansas TMDLs in a timely manner. EPA Takes Final Agency Action on 44 TMDLs By this notice EPA is taking final agency action on the following 44 TMDLs for waters located within the state of Arkansas: Segment-Reach Waterbody name Pollutant 08020401-003 Wabbaseka Bayou Siltation/turbidity. 11110205-011 Cadron Creek Siltation/turbidity.. 11110205-012 Cadron Creek Siltation/turbidity. 11110203-927 White Oak Creek Siltation/turbidity. 08020302-004 Bayou Deview Siltation/turbidity. 08020302-005 Bayou Deview Siltation/turbidity. 08020302-006 Bayou Deview Siltation/turbidity. 08020302-007 Bayou Deview Siltation/turbidity. 08020302-009 Bayou Deview Siltation/turbidity. 08020302-016 Cache River Siltation/turbidity. 08020302-017 Cache River Siltation/turbidity. 08020302-018 Cache River Siltation/turbidity. 08020302-019 Cache River Siltation/turbidity. 08020302-020 Cache River Siltation/turbidity. 08020302-021 Cache River Siltation/turbidity. 08020302-027 Cache River Siltation/turbidity. 08020302-028 Cache River Siltation/turbidity. 08020302-029 Cache River Siltation/turbidity. 08020302-031 Cache River Siltation/turbidity. 08020302-032 Cache River Siltation/turbidity. 11010013-006 Village Creek Siltation/turbidity. 11010013-007 Village Creek Siltation/turbidity. 11010013-008 Village Creek Siltation/turbidity. 11010013-012 Village Creek Siltation/turbidity. 11010013-014 Village Creek Siltation/turbidity. 11010014-009 Ten Mile Creek Siltation/turbidity. 11010012-004 Strawberry River Siltation/turbidity. 11010012-005 Strawberry River Siltation/turbidity. 11010012-006 Strawberry River Siltation/turbidity. 110100 12-008 Strawberry River Siltation/turbidity. 11010012-009 Strawberry River Siltation/turbidity. 11010012-010 Little Strawberry River Siltation/turbidity. 11010012-011 Strawberry River Siltation/turbidity. 11010001-023 West Fork White River Siltation/turbidity. 11010001-024 White River Siltation/turbidity. 08020203-012 Tyronza River Siltation/turbidity. 11110105-001 Poteau River near Fort Smith Siltation/turbidity. 11110105-031L Poteau River near Waldron Total phosphorus, Copper, and Zinc. 11140302-003 Days Creek Nitrate. 11140109-919 Rolling Fork Total phosphorus, and Nitrate. 11010001-045L Osage Creek near Berryville Total phosphorus. EPA requested the public to provide EPA with any significant data or information that might impact the 44 TMDLs at **Federal Register** Notices: Volume 70, Number 217, pages 68448-68449 (November 10, 2005) and Volume 70, Number 46, page 11971 (March 10, 2005). The comments received and EPA's response to comments may be found at *http://www.epa.gov/earth1r6/6wq/artmdl.htm.* Dated: January 10, 2006. Miguel I. Flores, Director, Water Quality Protection Division, Region 6. [FR Doc. E6-813 Filed 1-23-06; 8:45 am] BILLING CODE 6560-50-P FEDERAL MARITIME COMMISSION [Docket No. 06-01] Worldwide Relocations, Inc., All-in-One Shipping, Inc., Boston Logistics Corp., Around the World Shipping, Inc., Tradewind Consulting, Inc., Global Direct Shipping, Megan K. Karpick (a.k.a. Catherine Kaiser, Kathryn Kaiser, Catherine Kerpick, Megan Kaiser and Alexandria Hudson), Martin J. McKenzie, Patrick John Costadoni, Elizabeth F. Hudson, Sharon Fachler, and Oren Fachler, et al.—Possible Violations of Sections 8, 10 and 19 of the Shipping Act of 1984 and the Commission's Regulations at 46 CFR 515.3, 515.21 and 520.3; Notice of Order of Investigation and Hearing Notice is given that on January 11, 2006 the Federal Maritime Commission issued an Order of Investigation and Hearing to determine whether nine apparently related household goods moving companies and their owners and/or primary corporate officers were operating unlawfully. Named in the order are: Moving Services, L.L.C.; Worldwide Relocations, Inc.; International Shipping Solutions, Inc.; Dolphin International Shipping, Inc.; All-in-One Shipping, Inc.; Boston Logistics Corp.; Around the World Shipping, Inc.; Tradewind Consulting, Inc.; Global Direct Shipping; Sharon Fachler; Oren Fachler; Lucy Norry; Patrick J. Costadoni; Steve Kuller; Megan K. Karpick (a.k.a. Catherine Kaiser, Kathryn Kaiser, Catherine Kerpick, Megan Kaiser and Alexandria Hudson); Barbara Deane (a.k.a. Barbara Fajardo); Baruch Karpick; Martin J. McKenzie; Joshua S. Morales; Elizabeth F. Hudson; Daniel E. Cuadrado (a.k.a. Daniel Edward); Ronald Eaden; and Robert Bachs (collectively “the Respondents”). The Commission has received over 250 consumer complaints from shippers regarding the above individuals and companies alleging, among other things, that the companies: failed to deliver the cargo and refused to return pre-paid ocean freight; lost the cargo; charged the shipper for marine insurance which they never obtained; misled the shipper as to the whereabouts of cargo; charged the shipper an inflated rate and withheld cargo until that rate was paid; and failed to pay the common carrier. In many cases, the shipper was forced to pay another carrier or warehouse a second time in order to have the cargo released. In addition, none of the companies or individuals listed is licensed as OTIs by the Federal Maritime Commission, nor have they provided proof of financial responsibility, or published a tariff showing their rates. This proceeding seeks to determine:
(1)Whether Respondents violated sections 8, 10, and 19 of the Shipping Act of 1984 and the Commission's regulations at 46 CFR Parts 515 and 520 by operating as non-vessel-operating common carriers in the U.S. trades without obtaining licenses from the Commission, without providing proof of financial responsibility, without publishing an electronic tariff, and by failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property;
(2)Whether, in the event one or more violations of sections 8, 10 and 19 of the Shipping Act of 1984 and 46 CFR Parts 515 and 520 are found, civil penalties should be assessed and, if so, the identity of the persons and/or corporations to whom the penalties should be assessed and the amount of the penalties to be assessed;
(3)Whether, in the event violations are found, appropriate cease and desist orders should be issued. The full text of this order may be viewed on the Commission's home page at *http://www.fmc.gov* or at the Office of the Secretary, Room 1046, 800 North Capitol Street, NW., Washington DC. Any person may file a petition for leave to intervene in accordance with 46 CFR 502.72. Bryant L. VanBrakle, Secretary. [FR Doc. E6-786 Filed 1-23-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY: Board of Governors of the Federal Reserve System SUMMARY: Background. On June 15, 1984, the Office of Management and Budget
(OMB)delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act, as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the OMB 83-Is and supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Request for comment on information collection proposals The following information collections, which are being handled under this delegated authority, have received initial Board approval and are hereby published for comment. At the end of the comment period, the proposed information collections, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions; including whether the information has practical utility; b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, 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 information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments must be submitted on or before March 27, 2006. ADDRESSES: You may submit comments, identified by FR 2502q, FR Y-8, FR 2886b, FR 2050, or FR 2415 by any of the following methods: Agency Web Site: *http://www.federalreserve.gov.* Follow the instructions for submitting comments at *http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.* Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. E-mail: *regs.comments@federalreserve.gov.* Include docket number in the subject line of the message. FAX: 202/452-3819 or 202/452-3102. Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board's Web site at *http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm* as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room MP-500 of the Board's Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. FOR FURTHER INFORMATION CONTACT: A copy of the proposed form and instructions, the Paperwork Reduction Act Submission (OMB 83-I), supporting statement, and other documents that will be placed into OMB's public docket files once approved may be requested from the agency clearance officer, whose name appears below. Michelle Long, Federal Reserve Board Clearance Officer (202/452-3829), Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551. Telecommunications Device for the Deaf
(TDD)users may contact (202/263-4869), Board of Governors of the Federal Reserve System, Washington, DC 20551. Proposal to approve under OMB delegated authority the extension for three years, with revision, of the following reports: *1. Report title:* Quarterly Report of Assets and Liabilities of Large Foreign Offices of U.S. Banks *Agency form number:* FR 2502q *OMB control number:* 7100-0079 *Frequency:* Quarterly *Reporters:* Large foreign branches and banking subsidiaries of U.S. depository institutions *Annual reporting hours:* 826 hours *Estimated average hours per response:* 3.5 hours *Number of respondents:* 59 *General description of report:* This information collection is required (12 U.S.C. §§ 248(a) (2), 353 et seq., 461, 602, and 625) and is given confidential treatment (5 U.S.C. § 552(b) (4)). *Abstract:* This reporting form collects data quarterly on the geographic distribution of the assets and liabilities of major foreign branches and subsidiaries of U.S. commercial banks and of Edge and agreement corporations. Data from this reporting form comprise a piece of the flow of funds data that are compiled by the Federal Reserve. *Current action:* The Federal Reserve proposes the following revisions:
(1)Discontinuing Schedule A as a result of the elimination of M3;
(2)discontinuing Memorandum item 3a;
(3)revising the instructions for data to be submitted for the unallocated data items;
(4)reducing the reporting panel to require offices located only in the Caribbean and the United Kingdom to file the FR 2502q; and
(5)conforming the names of several countries and one region to the country list compiled by the U.S. Treasury. *2. Report title:* Consolidated Report of Condition and Income for Edge and Agreement Corporations *Agency form number:* FR 2886b *OMB control number:* 7100-0086 *Frequency:* Quarterly *Reporters:* Edge and agreement corporations *Annual reporting hours:* 3,055 *Estimated average hours per response:* 14.7 banking corporations, 8.5 investment corporations *Number of respondents:* 19 banking corporations, 57 investment corporations *General description of report:* This information collection is mandatory (12 U.S.C. §§ 602 and 625). For Edge corporations engaged in banking, information collection on schedules RC-M and RC-V are held confidential pursuant to section (b)(4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)). For investment Edge corporations, only information collected on schedule RC-M are given confidential treatement pursuant to section (b)(4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)). *Abstract:* This reporting form comprises a balance sheet, income statement, two schedules reconciling changes in capital and reserve accounts, and ten supporting schedules, and it parallels the commercial bank Consolidated Reports of Condition and Income (Call Report)(FFIEC 031; OMB No. 7100-0036). The Federal Reserve uses the data collected on the FR 2886b to supervise Edge corporations, identify present and potential problems, and monitor and develop a better understanding of activities within the industry. *Current action:* The Federal Reserve proposes to delete three items related to bankers acceptances, consistent with proposed changes to the Call Report and to make minor clarifications to the reporting form and instructions. Proposal to approve under OMB delegated authority the extension for three years, without revision, of the following report: *1. Report title:* Bank Holding Company Report of Insured Depository Institutions' Section 23A Transactions with Affiliates *Agency form number:* FR Y-8 *OMB control number:* 7100-0126 *Frequency:* Quarterly *Reporters:* All top-tier bank holding companies (BHCs), including financial holding companies (FHCs), and foreign banking organizations
(FBOs)that directly own U.S. subsidiary banks. *Annual reporting hours:* 53,419 hours *Estimated average hours per response:* Institutions with covered transactions, 7.8 hours; institutions without covered transactions, 1 hour *Number of respondents:* 6,310 *General description of report:* This information collection is mandatory (section 5(c)) of the Bank Holding Company Act (12 U.S.C. 1844(c)) and section 225.5(b) of Regulation Y (12 CFR 225.5(b)) and is given confidential treatment (5 U.S.C 552(b)(4) and (8)). *Abstract:* This reporting form collects information on transactions between an insured depository institution and its affiliates that are subject to section 23A of the Federal Reserve Act. The primary purpose of the data is to enhance the Federal Reserve's ability to monitor bank exposures to affiliates and to ensure banks' compliance with section 23A of the Federal Reserve Act. Section 23A of the Federal Reserve Act is one of the most important statutes on limiting exposures to individual institutions and protecting against the expansion of the federal safety net. Proposal to approve under OMB delegated authority the discontinuance of the following reports: *1. Report title:* Weekly Report of Eurodollar Liabilities Held by Selected U.S. Addressees at Foreign Offices of U.S. Banks *Agency form number:* FR 2050 *OMB Control number:* 7100-0068 *Effective Date:* Respondents will submit their final data for the reporting week ending March 6, 2006. *Frequency:* Weekly *Reporters:* Foreign branches and banking subsidiaries of U.S. depository institutions. *Annual reporting hours:* 1,872 hours *Estimated average hours per response:* 1.0 hour *Number of respondents:* 36 *General description of report:* This information collection is voluntary (12 U.S.C. §§ 248(a)(2), 353 et seq., 461, 602, and 625). Individual respondent's data are confidential under section (b)(4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)). *Abstract:* The report collects data on Eurodollar deposits payable to nonbank U.S. addressees from foreign branches and subsidiaries of U.S. commercial banks and Edge and agreement corporations. The data are used for the construction of the Eurodollar component of the monetary aggregates and for analysis of banks' liability management practices. *Current Actions:* The Board of Governors of the Federal Reserve System announced on November 10, 2005, that it would cease publication of the M3 monetary aggregate on March 23, 2006. M3 does not appear to contain any additional information about economic activity that is not already embodied in M2. Moreover, the role of M3 in the monetary policy process has greatly diminished over time. The costs to the Federal Reserve and the private sector of collecting data and publishing M3 now outweigh the benefits. The discontinuation of this report will reduce private sector burden by 1,872 hours per year. *2. Report title:* Report of Repurchase Agreements
(RPs)on U.S. Government and Federal Agency Securities with Specified Holders *Agency form number:* FR 2415 *OMB Control number:* 7100-0074 *Effective Date:* Weekly reporters will submit their final FR 2415 for the report week ending March 6, 2006. Quarterly reporters will submit their final data for the week containing the last calendar day of December 2005. Since annual reporters submit data for the week containing June 30, they will no longer file the FR 2415. *Frequency:* Weekly, quarterly, or annually *Reporters:* U.S chartered commercial banks, U.S branches and agencies of foreign banks, thrift institutions, and credit unions *Annual reporting hours:* 2,615 hours *Estimated average hours per response:* 30 minutes *Number of respondents:* 84 weekly, 128 quarterly, and 350 annually Small businesses are not affected. *General description of report:* This information collection is voluntary (12 U.S.C. 248(a)(2) and 3105(b)) and is given confidential treatment (5 U.S.C. 552(b)(4)). *Abstract:* This voluntary report collects one data item, repurchase agreements (RPs), in denominations of $100,000 or more, in immediately-available funds, on U.S. government and federal agency securities, transacted with specified holders. Depository institutions file the FR 2415 report weekly, quarterly or annually depending on the volume of their RPs. In general, the larger the respondent's level of RPs, the more frequent is its reporting. The weekly panel reports daily data once each week; the quarterly panel files daily data for the four one-week reporting periods that contain quarter-end dates; the annual panel reports daily data only for the week encompassing June 30 each year. The primary purpose of the data is for construction of the RP component of the M3 monetary aggregate and for analysis of depository institutions' funding practices. *Current Actions:* The Board of Governors of the Federal Reserve System announced on November 10, 2005, that it would cease publication of the M3 monetary aggregate on March 23, 2006. M3 does not appear to contain any additional information about economic activity that is not already embodied in M2. Moreover, the role of M3 in the monetary policy process has greatly diminished over time. The costs to the Federal Reserve and the private sector of collecting data and publishing M3 now outweigh the benefits. The discontinuation of this report will reduce private sector burden by 2,615 hours per year. Board of Governors of the Federal Reserve System, January 19, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-804 Filed 1-23-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than February 8, 2006. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30303: *1. David F. Barker, Kyle D. Barker, Julia K. Barker* , all of Dunlap, Tennessee, and Dorris B. Birchett, Cohutta, Georgia; to acquire voting shares of Sequatchie County Bancorp, Inc., and thereby indirectly acquire voting shares of Mountain Valley Bank, both of Dunlap, Tennessee. Board of Governors of the Federal Reserve System, January 19, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-807 Filed 1-23-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *http://www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 17, 2006. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30303: *1. Floridian Financial Group, Inc.* , Ormond Beach, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of Floridian Bank, Ormond Beach, Florida (in organization). **B. Federal Reserve Bank of Chicago** (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. First National Bancorp, Inc.* , Kalamazoo, Michigan; to become a bank holding company by acquiring 100 percent of the voting shares of First National Bank of Michigan, Kalamazoo, Michigan. Board of Governors of the Federal Reserve System, January 19, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-806 Filed 1-23-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Sunshine Act Meeting Agency Holding the Meeting: Board of Governors of the Federal Reserve System. Time and Date: 12 p.m., Monday, January 30, 2006. Place: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, NW., Washington, DC 20551. Status: Closed. Matters to be Considered: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Michelle A. Smith, Director, Office of Board Members; 202-452-2955. SUPPLEMENTARY INFORMATION: You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at *http://www.federalreserve.gov* for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. Dated: January 20, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 06-715 Filed 1-20-06; 3:13 pm]
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CFR
- What is an enrollment of needy students?§ 606.3
- What are low educational and general expenditures?§ 606.4
- What institutions are eligible to receive a grant under the Developing Hispanic-Serving Institutions Program?§ 606.2
- What are the selection criteria for development grants?§ 606.22
- What special funding consideration does the Secretary provide?§ 606.23
- Requirements for a continuation award.§ 75.118
- Financial and performance reports.§ 75.720
- How does a grantee maintain its eligibility?§ 606.31
- Waste classification.§ 61.55
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Filings and Other Submissions.§ 385.2001
- Method of notice; dates established in notice (Rule 210).§ 385.210
- Registration, reports, and inspections.§ 225.5
- Transactions requiring prior notice.§ 225.41
U.S. Code
- Duration of grant§ 1101c
- Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847§ 791
- Enumerated powers§ 248
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Reports and examinations§ 602
- Administration§ 1844
- Assessments§ 1817
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
12 references not yet in our index
- 34 CFR 606
- 20 USC 1101-1101d
- 34 CFR 79
- 10 CFR 1021.315
- 10 CFR 1021.314
- 40 CFR 30.23
- 40 CFR 31.24
- 46 CFR 515.3
- 46 CFR 502.72
- 5 CFR 1320.16
- 5 CFR 1320
- 12 CFR 225
Citation graph
cites case law
Notices
Correction; Notice correcting the deadline for Transmittal of Pre-Applications Date
Cite34 CFR 606
Cite20 USC 1101-1101d
Cite34 CFR 79
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