Notices. Notice; issuance of permit

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BILLING CODE 8230-01-M DEPARTMENT OF COMMERCE International Trade Administration A-122-847 C-122-848 Antidumping Duty Investigation and Countervailing Duty Investigation of Hard Red Spring Wheat from Canada: Notice of Panel Decision, Revocation of Countervailing and Antidumping Duty Orders and Termination of Suspension of Liquidation AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 12, 2005, the binational panel convened under the North American Free-Trade Agreement (“NAFTA”) issued a decision affirming the International Trade Commission's determination issued pursuant to remand that the domestic industry is neither materially injured by reason of the subject imports nor threatened with such injury.

There was no Extraordinary Challenge filed. Therefore, we are revoking the countervailing duty order and antidumping duty order on hard red spring wheat from Canada effective January 2, 2006, and ordering the termination of suspension of liquidation. EFFECTIVE DATE: February 16, 2006. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202)482-0182 and

(202)482-3534, respectively. SUPPLEMENTARY INFORMATION: Background On October 16, 2003, the International Trade Commission (“ITC”) determined that an industry in the United States is materially injured by reason of imports of hard red spring wheat from Canada found to be subsidized and sold in the United States at less than fair value. Hard Red Spring Wheat from Canada, Inv. Nos. 701-TA-430B and 731-TA-1019B (Final), USITC Pub. 3639 (October 2003) (“ *Final Injury Determination* ”); 68 FR 60707 (October 23, 2003). Respondent parties subsequently challenged the ITC's *Final Injury Determination* before a binational panel, pursuant to Article 1904 of the NAFTA. The parties briefed and argued the case before the panel, and on June 7, 2005, the panel issued its decision, remanding in full the ITC's determination. Hard Red Spring Wheat from Canada, USA-CDA- 2003-1904-06, Decision of the Panel (June 7, 2005). On October 5, 2005, the ITC determined on remand that the domestic industry is neither materially injured by reason of the subject imports nor threatened with material injury. By decision issued on December 12, 2005, the panel affirmed in full the ITC's determination on remand. Hard Red Spring Wheat from Canada, USA-CDA-2003-1904-06, Decision of the Panel on the Remand Determination of the U.S. International Trade Commission (December 12, 2005). On December 12, 2005, the panel directed the NAFTA Secretariat to issue a Notice of Final Panel Action on the 11th day following the December 12, 2005, panel decision. *Decision of the Panel* , 70 FR 75792 (December 21, 2005). The Notice of Final Panel Action was issued on December 23, 2005. On January 31, 2006, the Department published notice of the adverse decision of the NAFTA panel, 71 FR 5050 (January 31, 2006). The effective date of the notice of the adverse decision was January 2, 2006, 10 days after issuance of the Notice of Final Panel Action. On January 30, 2006, the NAFTA Secretariat published the *North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel Review* , 71 FR 4896 (January 30, 2006). Therefore, we are revoking the countervailing duty order and antidumping duty order on hard red spring wheat from Canada, effective January 2, 2006. Termination of Suspension of Liquidation The U.S. Department of Commerce will instruct U.S. Customs and Border Protection to terminate the suspension of liquidation of hard red spring wheat from Canada, effective January 2, 2006; to cease collection of cash deposits on hard red spring wheat from Canada; and to proceed with liquidation of the subject merchandise which entered the United States on or after January 2, 2006, without regard to countervailing duties and antidumping duties. This revocation does not affect the liquidation of entries made prior to January 2, 2006. Any entries of subject merchandise entered before January 2, 2006, are subject to administrative review. If no review is requested we will liquidate at the rate in effect at the time of entry pursuant to 19 CFR 351.212(c). Dated: February 10, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-2282 Filed 2-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-570-803) Heavy Forged Hand Tools ( *i.e.* , Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the People's Republic of China: Continuation of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (“the Department”) and the International Trade Commission (“ITC”) that revocation of the antidumping duty order on Heavy Forged Hand Tools ( *i.e.* , Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) (“HFHTs”) from the People's Republic of China (“PRC”) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of these antidumping duty orders. EFFECTIVE DATE: February 16, 2006. FOR FURTHER INFORMATION CONTACT: Jim Nunno, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0783. SUPPLEMENTARY INFORMATION: Background On July 1, 2005, the Department initiated and the ITC instituted a sunset review of the antidumping duty orders on HFHTs from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”). *See Initiation of Five-year (Sunset) Reviews* , 70 FR 38101 (July 1, 2005), and *ITC Investigation Nos. 731-TA-457-A-D (Second Review), Heavy Forged Hand Tools from China* , 70 FR 38197 (July 1, 2005). As a result of its review, the Department found that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the orders to be revoked. *See Heavy Forged Hand Tools (i.e., Axes & Adzes, Bars & Wedges, Hammers & Sledges, and Picks & Mattocks) from the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Orders* , 70 FR 67451 (November 7, 2005). On January 18, 2006, the ITC determined, pursuant to sections 751(c) and 752 of the Act, that revocation of the antidumping duty orders on HFHTs from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. *See ITC Investigation Nos. 731-TA-457-A-D (Second Review), Heavy Forged Hand Tools from China* , 71 FR 6290 (February 7, 2006). Scope of the Orders The products covered by these orders are HFHTs comprising the following classes or kinds of merchandise:

(1)Hammers and sledges with heads over 1.5 kg (3.33 pounds) (hammers/sledges);

(2)bars over 18 inches in length, track tools and wedges (bars/wedges);

(3)picks and mattocks (picks/mattocks); and

(4)axes, adzes and similar hewing tools (axes/adzes). HFHTs include heads for drilling hammers, sledges, axes, mauls, picks and mattocks, which may or may not be painted, which may or may not be finished, or which may or may not be imported with handles; assorted bar products and track tools including wrecking bars, digging bars, and tampers; and steel woodsplitting wedges. HFHTs are manufactured through a hot forge operation in which steel is sheared to required length, heated to forging temperature, and formed to final shape on forging equipment using dies specific to the desired product shape and size. Depending on the product, finishing operations may include shot blasting, grinding, polishing and painting, and the insertion of handles for handled products. HFHTs are currently provided for under the following Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings: 8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60. Specifically excluded from these investigations are hammers and sledges with heads 1.5 kg. (3.33 pounds) in weight and under, hoes and rakes, and bars 18 inches in length and under. The Department has issued seven conclusive scope rulings regarding the merchandise covered by these orders:

(1)On August 16, 1993, the Department found the “Max Multi-Purpose Axe,” imported by the Forrest Tool Company, to be within the scope of the axes/adzes order;

(2)on March 8, 2001, the Department found “18-inch” and “24-inch” pry bars, produced without dies, imported by Olympia Industrial, Inc. and SMC Pacific Tools, Inc., to be within the scope of the bars/wedges order;

(3)on March 8, 2001, the Department found the “Pulaski” tool, produced without dies by TMC, to be within the scope of the axes/adzes order;

(4)on March 8, 2001, the Department found the “skinning axe,” imported by Import Traders, Inc., to be within the scope of the axes/adzes order;

(5)on December 9, 2004, the Department found the “Scrapek MUTT,” imported by Olympia Industrial, Inc., under HTSUS 8205.59.5510, to be within the scope of the axes/adzes order;

(6)on May 23, 2005, the Department found 8 inch by 8 inch and 10 inch by 10 inch cast tampers, imported by Olympia Industrial, Inc. to be outside the scope of the orders; and

(7)on October 14, 2005, the Department found the “Mean Green Splitting Machine” imported by Avalanche Industries to be within the scope of the bars/wedges order. 1 1 *See* “Final Scope Ruling: Antidumping Duty Order on Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People's Republic of China,” from James C. Doyle, Office Director, Office 9, Import Administration, to Gary Taverman, Acting Deputy Assistant Secretary for Import Administration, dated October 14, 2005. In addition, on September 22, 2005, the Court of International Trade sustained the Department's finding that cast picks are outside the scope of the picks/mattocks order. *See Tianjin Machinery Import & Export Corporation v. United States and Ames True Temper* , Slip Op. 05-127, Court No. 03-00732 (September 22, 2005). The HTSUS subheadings are provided for convenience and Customs purposes. The written description remains dispositive. Determination As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on heavy forged hand tools from the PRC. U.S. Customs and Border Protection (“CBP”) will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the **Federal Register** of this Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year review of this order not later than January 2011. This five-year (sunset) review and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: February 10, 2006. David Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-2280 Filed 2-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-821-817 Silicon Metal From the Russian Federation; Notice of Amended Final Determination Pursuant to Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: (February 16, 2006 SUMMARY: On November 28, 2005, the United States Court of International Trade (“CIT”) issued an order affirming the Department of Commerce's (“the Department”) *Second Remand Results. See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. v. United States* , Consol. Ct. No. 03-00202 (October 21, 2005) (available at http://ia.ita.doc.gov) (“ *Second Remand Results* ”); *see also Globe Metallurgical, Inc. v. United States* , Slip Op. 05-150, 2005 Ct. Intl. Trade LEXIS 160 (CIT November 28, 2005) (affirming the *Second Remand Results* in their entirety) (“ *Globe Metallurgical III* ”). In the *First Remand Results* , the Department recalculated the antidumping margins for Bratsk Aluminum Smelter and Rual Trade Limited (collectively, “Bratsk”) and ZAO Kremny and SUAL-Kremny-Ural Ltd. (“SKU”) (collectively, “Kremny”) to value the respondents' usage of recycled silicon metal sized zero to five millimeters. *See Final Results of Redetermination Pursuant to Court Remand, Globe Metallurgical, Inc. v. United States* , Consol. Ct. No. 03-00202 (January 5, 2005) (available at http://ia.ita.doc.gov) (“ *First Remand Results* ”). In the *Second Remand Results* , the Department recalculated the adverse facts available (“AFA”) portion of Kremny's antidumping duty margin using the revised antidumping duty margin for Bratsk calculated in the *First Remand Results* . Because all litigation in this matter has now concluded, the Department is issuing its amended final determination in accordance with the CIT's decision. FOR FURTHER INFORMATION CONTACT: Carrie Blozy, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:

(202)482-5403. SUPPLEMENTARY INFORMATION: Background On February 11, 2003, the Department published its *Amended Final Determination* , covering the period of investigation (“POI”) from July 1, 2001, through December 31, 2001. *See Notice of Final Determination of Sales at Less Than Fair Value: Silicon Metal From the Russian Federation* , 68 FR 6885 (February 11, 2003) (“ *Final Determination* ”), as amended by *Notice of Amended Final Determination of Sales at Less Than Fair Value: Silicon Metal From the Russian Federation* , 68 FR 12037 (March 13, 2003) (“ *Amended Final Determination* ”). Petitioners and Bratsk contested various aspects of the *Amended Final Determination* . The Court remanded to the Department two aspects of its *Amended Final Determination* for reconsideration:

(1)with respect to the Department's decision not to use Russian values to value the factors of production and other expenses, the Court ordered the Department to either use Russian post-non-market economy (“NME”) values or explain why the market economy Russian values are not the best available information; and

(2)with respect to the Department's treatment of silicon metal fines, the Court granted the Department's request to explain its exclusion of recycled silicon metal fines from the factor of production cost analysis. *See Globe Metallurgical, Inc. v. United States* , 350 F. Supp. 2d 1148 (CIT September 24, 2004) (“ *Globe Metallurgical I* ”). Subsequent to the Court's remand, Bratsk voluntarily dismissed its challenge of the Department's rejection of Russian post-NME values. Therefore, this issue became moot. In the Department's *First Remand Results* , the Department recalculated Bratsk's and Kremny's margins to value the usage of recycled silicon metal sized zero to five millimeters. On July 27, 2005, the CIT issued its opinion on the Department's *First Remand Results* . *See Globe Metallurgical, Inc. v. United States* , Slip Op. 05-90, 2005 Ct. Intl. Trade LEXIS 98 (CIT July 27, 2005) (“ *Globe Metallurgical II* ”). The CIT affirmed the Department's determination to include recycled silicon metal fines sized zero to five millimeters in each producer's factors of production cost analysis and affirmed the calculation of Bratsk's antidumping duty margin. However, the Court further remanded the case back to the Department and ordered the Department to either recalculate the AFA portion of Kremny's antidumping duty margin using the revised antidumping duty margin for Bratsk calculated in the *Final Remand Results* or explain the use of the Bratsk margin from the *Amended Final Determination* . The Department recalculated Kremny's antidumping duty margin using the antidumping duty margin for Bratsk calculated in the *First Remand Results* . On October 21, 2005, the Department signed its *Second Remand Results* . On November 28, 2005, the CIT affirmed the Department's *Second Remand Results* in its entirety. *See Globe Metallurgical III* . On December 14, 2005, consistent with the decision of the United States Court of Appeals for the Federal Circuit in *Timken Co. v. United States* , 893 F. 2d 337 (Fed. Cir. 1990), the Department notified the public that the CIT's decision was “not in harmony” with the *Final Determination* . *See Notice of Decision of the Court of International Trade; Silicon Metal from the Russian Federation* , 70 FR 73989 (December 14, 2005) (“ *Timken Notice* ”). No party has appealed the CIT's decision. Because there is now a final and conclusive decision in the court proceeding, we are issuing an amended final determination to reflect the results of the second remand determination. The recalculated margins are as follows: Manufacturer/Exporter Weighted-average margin (percent) ZAO Kremny or SKU 61.61 Bratsk 87.08 Cash Deposit Requirements The Department will direct the United States Customs and Border Protection to require the cash deposit rates listed above for the subject merchandise, effective as of December 14, 2005, the publication date of the *Timken Notice* . Because the Russia-wide rate was not challenged in this case, it has not changed and remains at 79.42 percent. These cash deposit requirements, when imposed, shall remain in effect until publication of the final results of an administrative review of this order. This notice is issued and published in accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended. Dated: February 9, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-2283 Filed 2-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration C-351-829 Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Flat Products from Brazil: Notice of Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On October 25, 2005, in response to timely requests from United States Steel Corporation (Petitioner) and Companhia Siderurgica Nacional (CSN), the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on certain hot-rolled flat-rolled carbon-quality steel flat products from Brazil. *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 70 FR 61601 (October 25, 2005) ( *Initiation Notice* ). This administrative review covered the period January 1, 2004 through December 31, 2004. We are now rescinding this review as a result of Petitioner's withdrawal of its requests for an administrative review for all four of the Brazilian producers and exporters (Companhia Siderurgica de Tubarao (CST), Usinas Siderurgicas de Minas Gerais (USIMINAS), Companhia Siderurgica Paulista (COSIPA), and CSN), and because CSN, the sole Brazilian company that self-requested a review, also withdrew its request for review. EFFECTIVE DATE: February 16, 2006. FOR FURTHER INFORMATION CONTACT: Joshua Reitze or Sean Carey, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, US Department of Commerce, 14th Street and Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone:

(202)482-0666 and

(202)482-3964, respectively. SUPPLEMENTARY INFORMATION: Background On July 6, 1999, the Department entered into a suspension agreement that suspended the countervailing duty investigation involving certain hot-rolled flat-rolled carbon-quality steel products from Brazil. *See Suspension of Countervailing Duty Investigation: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil* , 64 FR 38797 (July 19, 1999). After the signing of the suspension agreement, the underlying investigation was completed pursuant to section 704(g) of the Tariff Act of 1930, as amended (the Act), and the Department determined that countervailable subsidies were being provided to producers and exporters of certain hot-rolled flat-rolled carbon-quality steel from Brazil. *See Final Affirmative Countervailing Duty Determination: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil* , 64 FR 38742 (July 19, 1999). On September 17, 2004, the Department terminated the suspension agreement in accordance with the terms of the agreement. *See Agreement Suspending the Countervailing Duty Investigation on Certain Hot-Rolled Flat-Rolled Carbon Quality Steel from Brazil; Termination of Suspension Agreement and Notice of Countervailing Duty Order* , 69 FR 56040 (September 17, 2004). The countervailing duty order was re-instituted effective September 26, 2004. *Id* . On September 1, 2005, the Department published a notice of “Opportunity to Request Administrative Review” of the countervailing duty order for the period of January 1, 2004, through December 31, 2004. *See Notice of Opportunity to Request Administrative Review of Antidumping or Countervailing Duty Order, Finding or Suspended Investigation* , 70 FR 52072 (September 1, 2005). On September 30, 2005, Petitioner requested a review of the following companies: CST, USIMINAS, COSIPA and CSN. In addition, on September 30, 2005, CSN requested an administrative review. In response to these requests, on October 25, 2005, the Department initiated a countervailing duty administrative review on certain hot-rolled carbon steel flat products from Brazil. *See Initiation Notice* . On December 21, 2005, USIMINAS and COSIPA requested, pursuant to section 351.213(d)(3) of the Department's regulations, a rescission of the administrative review because they had no entries or sales of subject merchandise to the United States during the period of review. On December 23, 2005, pursuant to section 351.213(d)(1) of the Department's regulations, Petitioner withdrew its request for an administrative review with respect to CST, USIMINAS, and COSIPA. On January 23, 2006, Petitioner and CSN jointly withdrew their requests for an administrative review with respect to CSN. No other party requested an administrative review of these companies. Rescission of the Administrative Review Pursuant to section 351.213(d)(1) of the Department's regulations, the Secretary will rescind an administrative review, in whole or in part, if a party that requested the review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. The initiation notice for this review was published on October 25, 2005. We received Petitioner's withdrawal requests on December 23, 2005, and January 23, 2006, both within 90 days after publication of the initiation notice. Since Petitioner withdrew its request for review of all four producers and exporters (CST, USIMINAS, COSIPA, and CSN) in a timely manner, and since CSN, the only producer/exporter that requested a review, also withdrew its request, we are rescinding this administrative review. The Department will issue appropriate assessment instructions to U.S. Customs and Border Protection within 15 days of publication of this notice. Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective order

(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department's regulation. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with section 777(i) of the Act and section 351.213(d)(4) of the Department's regulations. Dated: February 10, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-2284 Filed 2-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 012506F] Marine Mammals; File No. 978-1791 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that Paul E. Nachtigall, Ph.D., Marine Mammal Research Program, Hawaii Institute of Marine Biology, P.O. Box 1106, Kailua, Hawaii 96734, has been issued a permit to conduct research on certain cetacean species. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941. FOR FURTHER INFORMATION CONTACT: Andrew Wright or Amy Sloan, (301)713-2289. SUPPLEMENTARY INFORMATION: On May 19, 2005, notice was published in the **Federal Register** (70 FR 28909) that a request for a scientific research permit to take certain cetacean species had been submitted by the above-named individual. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the Regulations Governing the Taking and Importing of Marine Mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226). This permit authorizes the permit holder to conduct hearing measurements on stranded cetaceans on beaches, in near-shore waters, and in rehabilitation facilities in the U.S. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Issuance of this permit, as required by the ESA, was based on a finding that such permit:

(1)was applied for in good faith;

(2)will not operate to the disadvantage of such endangered species; and

(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: February 9, 2006. Stephen L. Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-2195 Filed 2-15-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 020106C] International Whaling Commission; Public Meeting; Announcement of Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of meeting. SUMMARY: This notice announces the date and location of a public meeting being held to discuss International Whaling Commission

(IWC)issues, including the outcome of the Revised Management Scheme Working Group meeting held at the end of February. DATES: The public meeting will be held March 31, 2006, at 10 am. ADDRESSES: The meeting will be held in the NOAA Science Center Room, 1301 East West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Cheri McCarty, 301-713-9090, Extension 183. SUPPLEMENTARY INFORMATION: The Secretary of Commerce is charged with the responsibility of discharging the obligations of the United States under the International Convention for the Regulation of Whaling, 1946. The U.S. Commissioner has primary responsibility for the preparation and negotiation of U.S. positions on international issues concerning whaling and for all matters involving the IWC. He is staffed by the Department of Commerce and assisted by the Department of State, the Department of the Interior, Marine Mammal Commission, and by other agencies. NOAA will hold a meeting to discuss IWC issues, including the outcome of the Revised Management Scheme Working Group meeting held at the end of February. Any U.S. citizen with an identifiable interest in U.S. whale conservation policy may participate, but NOAA reserves the authority to inquire about the interests of any person who appears at a meeting and to determine the appropriateness of that person's participation. Persons who represent foreign interests may not attend. These stringent measures are necessary to protect the confidentiality of U.S. negotiating positions. The meeting will be held at 10 am in the NOAA Science Center Room, 1301 East West Highway, Silver Spring, MD 20910. Please bring identification for admission into the building. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Cheri McCarty, 301-713-9090 extension 183, by March 20, 2006. Dated: February 9, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-2194 Filed 2-15-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 020806F] National Marine Fisheries Service, Pacific Fishery Management Council; March 5-10, 2006 Council Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings. DATES: The Council and its advisory entities will meet March 5-10, 2006. The Council meeting will begin on Monday, March 6, at 1 p.m., reconvening at 8 a.m. each day Tuesday through Friday. All meetings are open to the public, except a closed session will be held from 1 p.m. until 2 p.m. on Monday, March 6 to address litigation and personnel matters. The Council will meet as late as necessary each day to complete its scheduled business. ADDRESSES: The meetings will be held at the Seattle Marriott Hotel Sea-Tac, 3201 South 176th Street, Seattle, WA 98188; telephone: 206-241-2000. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 200, Portland, Oregon 97220. FOR FURTHER INFORMATION CONTACT: Dr. Donald O. McIsaac, Executive Director; telephone:

(503)820-2280 or

(866)806-7204. SUPPLEMENTARY INFORMATION: The following items are on the Council agenda, but not necessarily in this order: A. Call to Order 1. Opening Remarks and Introductions 2. Roll Call 3. Executive Director's Report 4. Approve Agenda B. Administrative Matters 1. Approval of Council Meeting Minutes 2. Council Meeting Agenda Planning 3. Legislative Matters 4. Appointments to Advisory Bodies, Standing Committees, and Other Forums 5. April 2006 Council Meeting Agenda and Three Meeting Outlook C. Salmon Management 1. Mass Marking and Coded-Wire Tagging 2. Fort Bragg March 15, 2006 Commercial Fishery Opening 3. Review of 2005 Fisheries and Summary of 2006 Stock Abundance Estimates 4. Identification of Management Objectives and Preliminary Definition of 2006 Salmon Management Options 5. Council Recommendations for 2006 Management Option Analysis 6. Council Direction for 2006 Management Options (If Necessary) 7. Fishery Management Plan

(FMP)Amendment Scoping for the Klamath River Fall Chinook Conservation Objective 8. Adoption of 2006 Management Options for Public Review 9. Salmon Hearings Officers D. Enforcement Issues 1. Fishery Enforcement Activity Report E. Pacific Halibut Management 1. Report on International Pacific Halibut Commission Annual Meeting 2. Incidental Catch Regulations in the Salmon Troll and Fixed Gear Sablefish Fisheries F. Groundfish Management 1. National Marine Fisheries Service

(NMFS)Report 2. Stock Assessment Planning for the 2009-2010 Fishing Season 3. Yelloweye Stock Assessment 4. Pacific Whiting Management for 2006 5. Consideration of Inseason Adjustments G. Habitat 1. Current Habitat Issues H. Coastal Pelagic Species Management 1. NMFS Report 2. FMP Amendment - Krill Management I. Marine Protected Areas

(MPAs)1. Fishery Regulation in MPAs within of the Channel Islands National Marine Sanctuary through Magnuson-Stevens Act and State Management Authority J. Highly Migratory Species Management 1. NMFS Report 2. Bigeye Tuna Overfishing Response 3. Drift Gillnet Management 4. Exempted Fishing Permit Applications for Highly Migratory Species SCHEDULE OF ANCILLARY MEETINGS SUNDAY, MARCH 5, 2006 Klamath Fishery Management Council, 3 p.m., Spokane Room MONDAY, MARCH 6, 2006 Council Secretariat, 8 a.m., Washington Ballroom E Groundfish Advisory Subpanel, 8 a.m., Seattle Ballroom 2 and 3 Groundfish Management Team, 8 a.m., Seattle Ballroom 1 Klamath Fishery Management Council, 8 a.m., Spokane Room Salmon Advisory Subpanel, 8 a.m., Washington Ballroom B Salmon Technical Team, 8 a.m., Washington Ballroom A Scientific and Statistical Committee, 8 a.m., Washington Ballroom C Legislative Committee, 8:30 a.m., Aberdeen Room Habitat Committee, 10 a.m., Washington Ballroom D Enforcement Consultants, 5:30 p.m., Aberdeen Room Tribal Policy Group, As necessary, Olympia Room Tribal and Washington Technical Groups, As necessary, Bellevue Room Washington State Delegation, As necessary, Yakima Room TUESDAY, MARCH 7, 2006 Council Secretariat, 7 a.m., Washington Ballroom E California State Delegation, 7 a.m., Washington Ballroom D Oregon State Delegation, 7 a.m., Washington Ballroom B Groundfish Advisory Subpanel, 8 a.m., Seattle Ballroom 2 and 3 Groundfish Management Team, 8 a.m., Seattle Ballroom 1 Highly Migratory Species Management Team, 8 a.m., Washington Ballroom D Salmon Advisory Subpanel, 8 a.m., Washington Ballroom B Salmon Technical Team, 8 a.m., Washington Ballroom A Scientific and Statistical Committee, 8 a.m., Washington Ballroom C Enforcement Consultants, As necessary, Aberdeen Room Klamath Fishery Management Council, As necessary, Spokane Room Tribal Policy Group, As necessary, Olympia Room Tribal and Washington Technical Groups, As necessary, Bellevue Room Washington State Delegation, As necessary, Yakima Room WEDNESDAY, MARCH 8, 2006 Council Secretariat, 7 a.m., Washington Ballroom E California State Delegation, 7 a.m., Washington Ballroom D Oregon State Delegation, 7 a.m., Washington Ballroom B Groundfish Advisory Subpanel, 8 a.m., Seattle Ballroom 2 and 3 Groundfish Management Team, 8 a.m., Seattle Ballroom 1 Highly Migratory Species Advisory Subpanel, 8 a.m., Washington Ballroom C Highly Migratory Species Management Team, 8 a.m., Washington Ballroom D Salmon Advisory Subpanel, 8 a.m., Washington Ballroom B Salmon Technical Team, 8 a.m., Washington Ballroom A Enforcement Consultants, As necessary, Aberdeen Room Klamath Fishery Management Council, As necessary, Spokane Room Tribal Policy Group, As necessary, Olympia Room Tribal and Washington Technical Groups, As necessary, Bellevue Room Washington State Delegation, As necessary, Yakima Room NMFS Whiting EFP Coordination Meeting, 7 p.m., Seattle Ballroom 2 and 3 THURSDAY, MARCH 9, 2006 Council Secretariat, 7 a.m., Washington Ballroom E California State Delegation, 7 a.m., Washington Ballroom D Oregon State Delegation, 7 a.m., Washington Ballroom B Groundfish Advisory Subpanel, 8 a.m., Seattle Ballroom 2 and 3 Groundfish Management Team, 8 a.m., Seattle Ballroom 1 Highly Migratory Species Advisory Subpanel, 8 a.m., Washington Ballroom C Highly Migratory Species Management Team, 8 a.m., Washington Ballroom D Salmon Advisory Subpanel, 8 a.m., Washington Ballroom B Salmon Technical Team, 8 a.m., Washington Ballroom A Enforcement Consultants, As necessary, Aberdeen Room Klamath Fishery Management Council, As necessary, Seattle Ballroom 2 and 3 Tribal Policy Group, As necessary, Olympia Room Tribal and Washington Technical Groups, As necessary, Bellevue Room Washington State Delegation, As necessary, Yakima Room FRIDAY, MARCH 10, 2006 Council Secretariat, 7 a.m., Washington Ballroom E California State Delegation, 7 a.m., Washington Ballroom D Oregon State Delegation, 7 a.m., Washington Ballroom B Salmon Advisory Subpanel, 8 a.m., Washington Ballroom B Salmon Technical Team, 8 a.m., Washington Ballroom A Enforcement Consultants, As necessary, Aberdeen Room Groundfish Advisory Subpanel, As necessary, Washington Ballroom D Groundfish Management Team, As necessary, Washington Ballroom C Klamath Fishery Management Council, As necessary, Spokane Room Tribal Policy Group, As necessary, Olympia Room Tribal and Washington Technical Groups, As necessary, Bellevue Room Washington State Delegation, As necessary, Yakima Room Although non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at 503-820-2280 at least five days prior to the meeting date. Dated: February 13, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-2225 Filed 2-15-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Air Force Local Redevelopment Authority and Available Surplus Buildings and Land at Davis Communications Site, Located in Yolo County, CA AGENCY: Department of the Air Force, Air Force Real Property Agency, DoD. ACTION: Notice. SUMMARY: This notice provides information regarding the surplus property at Davis Communications Site in Yolo County, California and information about the local redevelopment authority that has been established to plan the reuse of the Davis Communications Site. The property is located approximately 3 miles southeast of Davis, California. The site is accessible from Mace Boulevard, south of Interstate Highway 80. FOR FURTHER INFORMATION CONTACT: For further information regarding the property, contact Mr. Dexter Cochnauer, Senior Representative, or Ms. Linda Brophy, Real Estate Specialist, Air Force Real Property Agency, 3411 Olson Street, McClellan, CA 95652-1003, telephone

(916)643-6420. SUPPLEMENTARY INFORMATION: This surplus property is available under the provisions of the Federal Property and Administrative Services Act of 1949 as amended (40 U.S.C. 501 *et seq.* ) and the Base Closure Community Redevelopment and Assistance Act of 1994. *Notice of Surplus Property:* Pursuant to paragraph (7)(B) of section 2905(b) of the Defense Base Closure and Realignment Act of 1990, as amended by the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Pub. L. 103-421), the following information regarding the surplus property is described herein. *Local Redevelopment Authority:* The local redevelopment authority for the Davis Communications Site, Davis, CA for purposes of implementing the provisions of the Defense Base Closure and Realignment Act of 1990 as amended, is the Yolo County Board of Supervisors. All inquiries should be addressed to Ms. Holly Malcolm, Yolo County Planning and Public Works Department, 292 West Beamer Street, Woodland, CA 95695, telephone 530-666-8029. *Surplus Property Description:* Land: The property consists of approximately 311 acres of land. *Buildings/Structures:* Consists of a communication building (approximately 26,064 sq. ft.) with associated utility facilities and associated communication antenna pads. *Expressions of Interest:* Pursuant to paragraph 7(C) of Section 2905(b) of the Defense Base Closure and Realignment Act of 1990, as amended by the Base Closure and Community Redevelopment and Homeless Assistance Act of 1994, state and local governments, representatives of the homeless, and other interested parties located in the vicinity of Davis Communications Site, Davis, CA shall submit to the Yolo County Planning and Public Works Department, 292 West Beamer Street, Woodland, CA 95695, a notice of interest, of such governments, representatives, and parties in the above described surplus property, or any portion thereof. A notice shall describe the need of the government, representative, or party concerned, for the desired surplus property. Pursuant to paragraph 7(C) of Section 2905(b), the Yolo County Department of Planning and Public Works shall assist interested parties in evaluating the surplus property for the intended use, and publish in a newspaper of general circulation within California, the date by which expressions of interest must be submitted, which shall be ninety

(90)days from the date of publication of this notice. Bao-Ahn Trinh, Air Force Federal Register Liaison Officer. [FR Doc. E6-2212 Filed 2-15-06; 8:45 am] BILLING CODE 5001-05-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 March 20, 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: February 10, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer. Office of Postsecondary Education *Type of Review:* Reinstatement. *Title:* Performance Report for the Child Care Access Means Parents in School Program—18-month/36-month reports. *Frequency:* 18 months and 36 months. *Affected Public:* Not-for-profit institutions; State, local, or tribal government, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* Responses: 88. Burden Hours: 704. *Abstract:* The Child Care Access Means Parents in School provides grants to institutions of higher education to enable institutions to provide child care to low-income students. Grantees are required to file reports 18 months and 36 months after they first receive funding. The reports are used to evaluate grantees' performance. 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 2954. 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. E6-2213 Filed 2-15-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION National Assessment Governing Board; Meeting AGENCY: National Assessment Governing Board; Education. ACTION: Notice of open meeting and partially closed meeting. SUMMARY: The notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting ( *i.e.,* interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at *Munira. Mwalimu@ed.gov* no later than February 25, 2006. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities. DATES: March 2-4, 2006. Times March 2 Committee Meetings: Ad Hoc Committee on Planning for NAEP 12th Grade Assessments in 2009: Open Session—12 p.m. to 2 p.m.; Reporting and Dissemination Committee: Open Session—2 p.m. to 4 p.m.; Executive Committee: Open Session—4:30 p.m. to 5:15 p.m.; Closed Session 5:15 p.m. to 6:15 p.m. March 3 Full Board: Open Session—8:30 a.m. to 4:15 p.m. Committee Meetings: Assessment Development Committee: Open Session—10 a.m. to 12:30 p.m.; Committee on Standards, Design, and Methodology: Open Session—10 a.m. to 12:30 p.m.; Reporting and Dissemination Committee: Open Session—10 a.m. to 12:30 p.m.; March 4 Nominations Committee: Closed Session—7:45 a.m to 8:45 a.m. Full Board: Open Session—9 a.m. to 12 p.m. *Location:* St. Regis Hotel San Francisco, 125 Third Street, San Francisco, CA 94103. FOR FURTHER INFORMATION CONTACT: Munira Mwalimu, Operations Officer, National Assessment Governing Board, 800 North Capitol Street, NW., Suite 825, Washington, DC 20002-4233, Telephone:

(202)357-6938. SUPPLEMENTARY INFORMATION: The National Assessment Governing Board is established under section 412 of the National Education Statistics Act of 1994, as amended. The Board is established to formulate policy guidelines for the National Assessment of Educational Progress (NAEP). The Board's responsibilities include selecting subject areas to be assessed, developing assessment objectives, developing appropriate student achievement levels for each grade and subject tested, developing guidelines for reporting and disseminating results, and developing standards and procedures for interstate and national comparisons. The Ad Hoc Committee on Planning for NAEP 12th Grade Assessments in 2009 will meet in open session on March 2 from 12 p.m. to 2 p.m. and the Reporting and Dissemination Committee will meet in open session from 2 p.m. to 4 p.m. Thereafter, the Executive Committee will meeting open session on from 4:30 p.m. to 5:15 p.m. The Executive Committee will meet in closed session on March 2, 2006, from 5:15 p.m. to 6:15 p.m. From 5:15 p.m. to 5:45 p.m., the Committee will receive independent government cost estimates from the Associate Commissioner, National Center for Education Statistics, for options affecting current and planned operations under current contracts due to the one percent reduction in the NAEP budget in FY 2006. From 5:45 p.m. to 6:15 p.m. the Associate Commissioner will present additional independent cost estimates for newly proposed activities under current contracts including item development for the science assessment, bridge studies, and validity research. The discussion of independent government cost estimates prior to decision making on which projects to approve is necessary so that NAEP contracts meet congressionally mandated goals and adhere to Board policies on NAEP assessments. This part of the meeting must be conducted in closed session because public disclosure of this information would likely have an adverse financial effect on the NAEP program and will provide an advantage to potential bidders attending the meeting. The discussion of this information would be likely to significantly impede implementation of a proposed agency action if conducted in open session. Such matters are protected by exemption 9(B) of section 552b(c) of Title 5 U.S.C. On March 3, the full Board will meet in open session from 8:30 a.m. to 4:15 p.m. From 8:30 a.m. to 9:45 a.m. the Board will approve the agenda, introduce and administer the oath of office to a new Board member, receive the Executive Director's report, and hear an update on the work of the National Center for Education Statistics (NCES). From 10 a.m. to 12:30 p.m. on March 3, the Board's standing committees—the Assessment Development Committee; the Committee on Standards, Design, and Methodology; and the Reporting and Dissemination Committee—will meet in open session. From 12:30 p.m. to 1:45 p.m., the full Board will discuss inclusion and accommodations in NAEP, followed by discussion and action on the NAEP 2009 Science Specifications from 1:45 p.m. to 3 p.m. On March 3, from 3:15 p.m. to 4:15 p.m. the Board will hear a presentation on revisions to the NAEP 12th Grade Mathematics Objectives upon which the March 3 session of the Board meeting will conclude. On March 4, 2006 the Nomination Committee will meet in closed session from 7:45 a.m. to 8:45 a.m. to discuss nominations for Board vacancies. This discussion pertains solely to internal personnel rules and practices of an agency and will disclose information of a personal nature where disclosure would constitute an unwarranted invasion of personal privacy. As such, the discussions are protected by exemptions 2 and 6 of section 552b(c) of Title 5 U.S.C. The full Board will convene in open session from 9 a.m. to 12 p.m. At 9 a.m., the Board will receive a briefing on the National Assessment of Adult Literacy with a discussion on lessons for NAEP. Board actions on policies and Committee reports are scheduled to take place between 10:15 a.m. and 12 p.m., upon which the March 4, 2006 session of the Board meeting will adjourn. Detailed minutes of the meeting, including summaries of the activities of the closed sessions and related matters that are informative to the public and consistent with the policy of section 5 U.S.C. 552b(c) will be available to the public within 14 days of the meeting. Records are kept of all Board proceedings and are available for public inspection at the U.S. Department of Education, National Assessment Governing Board, Suite #825, 800 North Capitol Street, NW., Washington, DC, from 9 a.m. to 5 p.m. eastern standard time. Dated: February 13, 2006. Charles E. Smith, Executive Director, National Assessment Governing Board. [FR Doc. 06-1445 Filed 2-15-06; 8:45 am]

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