Notices. Notice and request for proposals

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BILLING CODE 3410-11-M DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request DOC has submitted to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Survey of Construction—Questionnaire for Building Permit Official. *Form Number(s):* SOC-QBPO. *Agency Approval Number:* 0607-0125. *Type of Request:* Extension of a currently approved collection. *Burden:* 225 hours. *Number of Respondents:* 900. *Average Hours per Response:* 15 minutes. *Needs and Uses:* The U.S. Census Bureau requests an extension of the currently approved collection for the Questionnaire for Building Permit Official (SOC-QBPO) form. The information collected on the SOC-QBPO is necessary to carry out the sampling for the Survey of Housing Starts, Sales and Completions (OMB number 0607-0110), also known as the Survey of Construction (SOC). Government agencies and private companies use statistics from SOC to monitor and evaluate the large and dynamic housing construction industry. The Census Bureau field representatives

(FRs)use the SOC-QBPO to obtain information on the operating procedures of a permit office. This enables them to locate, classify, list, and sample building permits for residential construction. These permits are used as the basis for the sample selected for SOC. The Census Bureau also uses the information to verify and update the geographic coverage of permit offices. Failure to collect this information would make it difficult, if not impossible, to classify accurately and sample building permits for the SOC. The SOC produces data for two principal economic indicators. They are: New Residential Construction (housing starts and housing completions) and New Residential Sales. *Affected Public:* Business or other for-profit. *Frequency:* Annually. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13 U.S.C., section 182. *OMB Desk Officer:* Susan Schechter,

(202)395-5103. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)482-0266, Department of Commerce, room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Susan Schechter, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *susan_schechter@omb.eop.gov* ). Dated: February 16, 2006. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-2526 Filed 2-22-06; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Economic Development Administration [991215339-6042-20] Solicitation of Proposals for Economic Development Assistance Programs AGENCY: Economic Development Administration (EDA), Department of Commerce (DOC). ACTION: Notice and request for proposals. SUMMARY: The Economic Development Administration

(EDA)is soliciting proposals for the following programs authorized by the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 *et seq.* ) (PWEDA):

(1)Public Works and Economic Development Investments Program,

(2)Planning Program,

(3)Local Technical Assistance Program, and

(4)Economic Adjustment Assistance Program. EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. In implementing this mission pursuant to its authorizing statute, PWEDA, EDA advances economic growth by assisting communities and regions experiencing chronic high unemployment and low per capita income to create an environment that fosters innovation, promotes entrepreneurship, and attracts increased private capital investment. Under the Trade Act of 1974, as amended (19 U.S.C. 2341-2391) (Trade Act), EDA also provides technical assistance to firms adversely affected by increased import competition. DATES: Proposals are accepted on a continuing basis and formal applications are invited and processed as received. Generally, two months are required for EDA to reach a final decision after receipt of a completed formal application invited by EDA that meets all requirements. ADDRESSES: For applicants in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, please send proposals to: Economic Development Administration, Atlanta Regional Office, 401 West Peachtree Street, NW., Suite 1820, Atlanta, Georgia 30308, Telephone:

(404)730-3002, Fax:

(404)730-3025. For applicants in Arkansas, Louisiana, New Mexico, Oklahoma and Texas, please send proposals to: Economic Development Administration, Austin Regional Office, 504 Lavaca, Suite 1100, Austin, Texas 78701-2858, Telephone:

(512)381-8144, Fax:

(512)381-8177. For applicants in Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin, please send proposals to: Economic Development Administration, Chicago Regional Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606, Telephone:

(312)353-7706, Fax:

(312)353-8575. For applicants in Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming, please send proposals to: Economic Development Administration, Denver Regional Office, 1244 Speer Boulevard, Room 670, Denver, Colorado 80204, Telephone:

(303)844-4715, Fax:

(303)844-3968. For applicants in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, U.S. Virgin Islands and West Virginia, please send proposals to: Economic Development Administration, Philadelphia Regional Office, Curtis Center, 601 Walnut Street, Suite 140 South, Philadelphia, Pennsylvania 19106, Telephone:

(215)597-4603, Fax:

(215)597-1063. For applicants in Alaska, American Samoa, Arizona, California, Guam, Hawaii, Idaho, Marshall Islands, Micronesia, Nevada, Northern Mariana Islands, Oregon, Republic of Palau and Washington, please send proposals to: Economic Development Administration, Seattle Regional Office, Jackson Federal Building, Room 1890, 915 Second Avenue, Seattle, Washington 98174, Telephone:

(206)220-7660, Fax:

(206)220-7669. For a copy of the complete federal funding opportunity

(FFO)announcement for this request for proposals, please see the Internet Web site listed below under “Electronic Access.” FOR FURTHER INFORMATION CONTACT: For additional information or for a paper copy of the FFO, contact the appropriate EDA regional office listed above. EDA's Internet website at *http://www.eda.gov* contains additional information on EDA and its programs. SUPPLEMENTARY INFORMATION: Electronic Access EDA is currently unable to accept electronic submissions of proposal packages. However, paper pre-applications may be downloaded from EDA's Internet Web site at *http://www.eda.gov* or may be obtained from the appropriate EDA regional office or Economic Development Representative. The FFO for the FY 2006 Economic Development Assistance Programs competition is available at *http://www.grants.gov* . Additional information also is available on EDA's Internet Web site at *http://www.eda.gov.* Funding Availability Funding appropriated under the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act (Pub. L. 109-108, 119 Stat. 2290 (2005)) is available for the economic development assistance programs authorized by PWEDA and for the Trade Adjustment Assistance For Firms program authorized under the Trade Act. Funds in the amount of $250,741,104 have been appropriated for FY 2006 and shall remain available until expended. This request for proposals covers the following programs under PWEDA:

(1)Public Works and Economic Development Investments Program,

(2)Planning Program,

(3)Technical Assistance Program, and

(4)Economic Adjustment Assistance Program. Under the Technical Assistance Program, this request for proposals covers Local Technical Assistance only. A separate FFO announcement will be posted at *http://www.grants.gov* and will set forth the specific funding priorities, application and selection processes, time frames, and evaluation criteria for certain National Technical Assistance projects to be funded under the FY 2006 appropriation. Similarly, a separate FFO announcement has been posted at *http://www.grants.gov* that sets forth the specific funding priorities, application and selection processes, time frames, and evaluation criteria for University Center projects to be funded with FY 2006 appropriated program funds. Statutory Authority The authority for the

(1)Public Works and Economic Development Investments Program,

(2)Planning Program,

(3)Technical Assistance Program, and

(4)Economic Adjustment Assistance Program is PWEDA. The authority for the Trade Adjustment Assistance for Firms program is Chapter 3 of Title II of the Trade Act. On August 11, 2005, EDA published an interim final rule (70 FR 47002) to reflect the amendments made to PWEDA by the Economic Development Administration Reauthorization Act of 2004 (Pub. L. 108-373, 118 Stat. 1756 (2004)). With limited exceptions, the interim final rule became effective on October 1, 2005. You may access the interim final rule and PWEDA on EDA's Internet Web site at *http://www.eda.gov.* On December 15, 2005, EDA published a second interim final rule in the **Federal Register** (70 FR 74193) to change the provisions of the August 11, 2005 interim final rule consistent with the direction provided in the Conference Report (H.R. Rep. No. 109-272 (2006)) accompanying the FY 2006 Science, State, Justice, Commerce and Related Agencies Appropriations Act (Pub. L. 109-108, 119 Stat. 2290 (2005)). The regulations contained in the August 11, 2005 interim final rule, together with subsequent changes made thereto by the December 15, 2005 interim final rule, will govern all awards made under this solicitation for proposals. In publishing a final rule during 2006, EDA will consider all comments received during the public comment period (held from August 11, 2005 through November 14, 2005) on all aspects of the August 11, 2005 interim final rule. Catalog of Federal Domestic Assistance

(CFDA)Numbers 11.300, Grants for Public Works and Economic Development Facilities; 11.302, Economic Development—Support for Planning Organizations; 11.303, Economic Development—Technical Assistance; 11.307, Economic Adjustment Assistance; 11.313, Economic Development—Trade Adjustment Assistance. Eligibility Pursuant to PWEDA, eligible applicants for and eligible recipients of EDA investment assistance include a District Organization; an Indian Tribe or a consortium of Indian Tribes; a State, a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; an institution of higher education or a consortium of institutions of higher education; or a public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State. *See* section 3 of PWEDA (42 U.S.C. 3122) and 13 CFR 300.3. Projects eligible for Public Works or Economic Adjustment investment assistance include those projects located in regions meeting “special need” criteria, as set forth in section VIII.B. of the FFO. Cost Sharing or Matching Share Requirements Generally, the amount of the EDA grant may not exceed fifty

(50)percent of the total cost of the project. Projects may receive an additional amount that shall not exceed thirty

(30)percent, based on the relative needs of the region in which the project will be located, as determined by EDA. *See* section 204(a) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(1). For projects of a national scope under 13 CFR part 306 (Training, Research and Technical Assistance), and for all other projects under 13 CFR part 306, after the application of the first two

(2)sentences of this paragraph, the Assistant Secretary of Commerce for Economic Development (Assistant Secretary) has the discretion to establish a maximum EDA investment rate of up to one-hundred

(100)percent where the project

(i)merits and is not otherwise feasible without an increase to the EDA investment rate; or

(ii)will be of no or only incidental benefit to the recipient. *See* section 204(c)(3) of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(4). In the case of EDA investment assistance to a(n)

(i)Indian Tribe,

(ii)State (or political subdivision of a State) that the Assistant Secretary determines has exhausted its effective taxing and borrowing capacity, or

(iii)non-profit organization that the Assistant Secretary determines has exhausted its effective borrowing capacity, the Assistant Secretary has the discretion to establish a maximum EDA investment rate of up to one hundred

(100)percent of the total project cost. *See* sections 204(c)(1) and

(2)of PWEDA (42 U.S.C. 3144) and 13 CFR 301.4(b)(5). Potential applicants should contact the appropriate EDA regional office to make these determinations. While cash contributions are encouraged, in-kind contributions, consisting of contributions of space, equipment, assumptions of debt, and services, may provide the non-Federal share requirement of the total project cost. *See* section 204(b) of PWEDA (42 U.S.C. 3144). EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and meet applicable Federal cost principles and uniform administrative requirements. Funds from other Federal financial assistance awards are considered matching share funds only if authorized by statute that allows such use, which may be determined by EDA's reasonable interpretation of the statute. *See* 13 CFR 300.3. The applicant must show that the matching share is committed to the project, available as needed and not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance. *See* 13 CFR 301.5. Intergovernmental Review Applications for assistance under EDA's programs are subject to the requirements of Executive Order 12372, “Intergovernmental Review of Federal Programs.” Evaluation and Selection Procedures Each pre-application proposal is circulated by a project officer within the appropriate regional office staff for review and comments. When the necessary input and information are obtained, the pre-application proposal is considered by the regional office's Investment Review Committee (IRC), which is comprised of regional office staff. The IRC discusses the proposal (and all pertinent documentation) and evaluates it on two levels of analysis. The IRC

(a)determines if the proposal meets the program-specific award and application requirements provided in 13 CFR 305.2 for Public Works investments, 13 CFR 303.3 for Planning investments, 13 CFR 306.2 for Local and National Technical Assistance, and 13 CFR 307.2 and 307.4 for Economic Adjustment Assistance, and

(b)rates each proposal using the general evaluation criteria set forth in 13 CFR 301.8. These general evaluation criteria are provided in section V.B. of the FFO. Project proposals for University Centers and National Technical Assistance will be evaluated pursuant to separate **Federal Register** Notices published for FY 2006. With respect to the Trade Adjustment Assistance for Firms program under the Trade Act, continuation grants will not be competed and no new Trade Adjustment Assistance Center

(TAAC)grants will be awarded this year. *See* 19 U.S.C. 2341-2391 and 13 CFR part 315. After completing its evaluation, the IRC recommends to the Regional Director whether or not an application should be invited, documenting its recommendation in the meeting minutes or in the Investment Proposal Summary and Evaluation Form. For quality control assurance, EDA Headquarters reviews the IRC's analysis of the project's fulfillment of the investment policy guidelines, as set forth in section V.B. of the FFO and in 13 CFR 301.8. After receiving quality control clearance, the Selecting Official (depending on the program, either the Regional Director or the Assistant Secretary) considers the evaluations provided by the IRC and the degree to which one or more of the funding priorities provided below are included (or packaged together), in making his/her decision as to which proponents should be invited to submit a formal application for investment assistance. The Selecting Official then formally invites the successful proponents to submit formal applications. If the Selecting Official declines to invite a full application, he/she provides written notice to the proponent. In the case of a continuation grant, no pre-application proposal is required. Proposals received after the date of this notice will be processed in accordance with the requirements set forth herein until the next annual FFO is posted on *http://www.grants.gov* and the related notice and request for proposals is published in the **Federal Register** . If a proponent is selected to submit a formal application, the appropriate regional office will provide application materials and guidance in completing them. The proponent will generally have thirty

(30)days to submit the completed application materials to the regional office. EDA staff will work with the proponent to resolve application deficiencies. If a completed formal application is accepted, the proponent and Economic Development Representative are notified and it is forwarded for final review and processing in accordance with EDA and Department of Commerce procedures. Evaluation Criteria EDA will select investment proposals competitively based on the investment policy guidelines and funding priority considerations identified in this notice. All EDA investment proposals will be competitively evaluated primarily on their ability to satisfy one

(1)or more of the following investment policy guidelines, each of equivalent weight and which also are set forth in 13 CFR 301.8: 1. *Be market-based and results driven.* An EDA investment will capitalize on a region's competitive strengths and will positively move a regional economic indicator measured on EDA's Balanced Scorecard, such as: An increased number of higher-skill, higher-wage jobs; increased tax revenue; or increased private sector investment. 2. *Have strong organizational leadership.* An EDA investment will have strong leadership, relevant project management experience, and a significant commitment of human resources talent to ensure a project's successful execution. 3. *Advance productivity, innovation, and entrepreneurship.* An EDA investment will embrace the principles of entrepreneurship, enhance regional clusters, and leverage and link technology innovators and local universities to the private sector to create the conditions for greater productivity, innovation, and job creation. 4. *Look beyond the immediate economic horizon, anticipate economic changes, and diversify the local and regional economy.* An EDA investment will be part of an overarching, long-term comprehensive economic development strategy that enhances a region's success in achieving a rising standard of living by supporting existing industry clusters, developing emerging new clusters, or attracting new regional economic drivers. 5. *Demonstrate a high degree of local commitment by exhibiting:* • High levels of local government or non-profit matching funds and private sector leverage; • Clear and unified leadership and support by local elected officials; and • Strong cooperation between the business sector, relevant regional partners and local, State and Federal governments. Funding Priorities Successful applications for EDA's investment programs will be regionally-driven initiatives in areas of the Nation that are underperforming and eligible for EDA programs that meet one or more of the following core criteria (investment proposals that meet more than one core criterion will be given more favorable consideration): 1. *Investments in support of long-term, coordinated and collaborative regional economic development approaches:* • Establish comprehensive regional economic development strategies that identify promising opportunities for long-term economic growth. • Exhibit demonstrable, committed multi-jurisdictional support from leaders across all sectors: i. Public ( *e.g.* , mayors, city councils, county executives, senior state leadership); ii. Institutional ( *e.g.* , institutions of higher learning); iii. Non-profit ( *e.g.* , chambers of commerce, development organizations); and iv. Private ( *e.g.* , leading regional businesses, significant regional industry associations). • Generate quantifiable positive economic outcomes. 2. *Investments that support innovation and competitiveness:* • Develop and enhance the functioning and competitiveness of leading and emerging industry clusters in an economic region. • Advance technology transfer from research institutions to the commercial marketplace. • Bolster critical infrastructure ( *e.g.* , transportation, communications, specialized training) to prepare economic regions to compete in the world-wide marketplace. 3. *Investments that encourage entrepreneurship:* • Cultivate a favorable entrepreneurial environment consistent with regional strategies. • Enable economic regions to identify innovative opportunities among growth-oriented small and medium-size enterprises. • Promote community and faith-based entrepreneurship programs aimed at improving economic performance in an economic region. Additional consideration will be given to investment proposals which also accomplish the following: • Respond to sudden and severe economic dislocations ( *e.g.* , major layoffs and/or plant closures, disasters). • Enable BRAC-impacted communities to transition from a military to civilian economy. • Advance the goals of linking historic preservation and economic development as outlined by Executive Order 13287, “Preserve America.” The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements Administrative and national policy requirements for all Department of Commerce awards are contained in the Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements, published in the **Federal Register** on December 30, 2004 (69 FR 78389). This notice may be accessed by entering the **Federal Register** volume and page number provided in the previous sentence at the following Internet Web site: *http://gpoaccess.gov/fr/retrieve.html.* Paperwork Reduction Act This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Form ED-900P has been approved by OMB under Control Number 0610-0094. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB Control Number. Executive Order 12866 This notice has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for this rule concerning grants, benefits and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Sandy K. Baruah, Assistant Secretary of Commerce for Economic Development. [FR Doc. E6-2545 Filed 2-22-06; 8:45 am] BILLING CODE 3510-24-P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Manufacturing Extension Partnership

(MEP)Management Information Reporting AGENCY: National Institute of Standards and Technology (NIST). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (2)(A)). Dates: Written comments must be submitted on or before April 24, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Joe Giannamore, Economist, National Institute of Standards and Technology, Manufacturing Extension Partnership, 100 Bureau Drive, Stop 4800, Gaithersburg, MD 20899-4800, 301-975-4614 (phone) and 301-926-3787 (fax). In addition, written comments may be sent via e-mail to *joseph.giannamore@nist.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Sponsored by NIST, the Manufacturing Extension Partnership

(MEP)is a national network of locally based manufacturing extension centers working with small manufacturers to help them improve their productivity, improve profitability and enhance their economic competitiveness. The information is collected to provide the Manufacturing Extension Partnership

(MEP)with information regarding MEP Center performance in the delivery of technology, and business solutions to U.S.-based manufacturers. The information obtained will assist in determining the performance of the MEP Centers at both a local and national level, as well as, the impact on the national economy. Responses to the collection of information are mandatory per the regulations governing the operation of the MEP Program (15 CFR parts 290, 291, 292, and H.R. 1274—section 2). No confidentiality for information submitted is promised or provided. This collection under the Paperwork Reduction Act received prior Office of Management and Budget clearance in May 2003, and this clearance expires on May 31, 2006. II. Method of Collection Web forms will be used to collect and analyze a wide range of information from the MEP centers, which includes customer satisfaction, center activities, center staff, quarterly expenses and revenues, partners and affiliates strategic plan, operating plans, and client success stories. III. Data *OMB Number:* 0693-0032. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 59. *Estimated Time per Response:* 127 hours. *Estimated Total Annual Burden Hours:* 7,493. *Estimated Total Annual Cost:* $374,650. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and costs) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: February 16, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-2524 Filed 2-22-06; 8:45 am] BILLING CODE 3510-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Vessel Monitoring Program for the Pacific Coast Groundfish Fishery AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 24, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Becky Renko,

(206)526-6110 or *Becky.Renko@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract NOAA has established large-scale depth-based management areas, referred to as Groundfish Conservation Areas (GCAs), where groundfish fishing is prohibited or restricted. These areas were specifically designed to reduce the catch of species while allowing healthy fisheries to continue in areas and with gears where little incidental catch of overfished species is likely to occur. Because NOAA needs methods to effectively enforce area restrictions, certain commercial fishing vessels are required to install and use a vessel monitoring system

(VMS)that automatically send hourly position reports. Exemptions from the reporting requirement are available for inactive vessels or vessels fishing outside the monitored area. The vessels are also required to declare what gear will be used. To ensure the integrity of the GCAs and Rockfish Conservation Areas, a pilot VMS program was implemented on January 1, 2004. The pilot program required vessels registered to Pacific Coast groundfish fishery limited entry permits to carry and use VMS transceiver units while fishing off the coasts of Washington, Oregon and California. The VMS program coverage is being expanded on January 1, 2007, to include all open access fisheries in addition to the limited entry fisheries. A separate notice will be published regarding the proposed rule RIN 0648-AU08. II. Method of Collection The installation/activation reports are available over the Internet. Due to the need for the owner's signature, installation reports must be faxed or mailed to NMFS. Hourly position reports are automatically sent from VMS transceivers installed aboard vessels. Exemption reports and declaration reports are submitted via a toll-free telephone number. III. Data *OMB Number:* 0648-0478. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profits organizations; individuals or households. *Estimated Number of Respondents:* 2,061. *Estimated Time per Response:* VMS installation: 4 hours; VMS maintenance: 4 hours; installation, exemption and activation reports: 5 minutes each; VMS transmissions: 5 seconds; and declaration reports: 4 minutes. *Estimated Total Annual Burden Hours:* 44,687. *Estimated Total Annual Cost to Public:* $2,257,000. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: February 16, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-2525 Filed 2-22-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021606A] Endangered and Threatened Species; Take of Anadromous Fish AGENCY: National Marine Fisheries Service (NOAA Fisheries), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Receipt of applications for renewal and modification and request for comment. SUMMARY: Notice is hereby given that NMFS has received applications to renew and modify permits from U.S. Fish and Wildlife Service, Arcata, CA (Permit 1068). This permit would affect SONCC coho salmon ( *Oncorhynchus kisutch* ), California Coastal

(CC)Chinook salmon ( *O. tshawytscha* ) and Northern California

(NC)steelhead ( *O. mykiss* ) This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS. DATES: Written comments on the permit application must be received at the appropriate address or fax number (see ADDRESSES ) no later than 5 p.m. Daylight savings time on March 27, 2006. ADDRESSES: Written comments on this renewal and modification request should be sent to the appropriate office as indicated below. Comments may also be sent via fax to the number indicated for the request. Comments will not be accepted if submitted via e-mail or the internet. The applications and related documents are available for review in the indicated office, by appointment: For Permit 1068: Steve Liebhardt, Protected Species Division, NMFS, 1655 Heindon Road, Arcata, CA 95521 (ph: 707-825-5186, fax: 707-825-4840). FOR FURTHER INFORMATION CONTACT: Steve Liebhardt at phone number (707-825-5186), or e-mail: *steve.liebhardt@noaa.gov* . SUPPLEMENTARY INFORMATION: Authority Issuance of permits and permit modifications, as required by the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on a finding that such permits/modifications:

(1)are applied for in good faith;

(2)would not operate to the disadvantage of the listed species which are the subject of the permits; and

(3)are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits and modifications are issued in accordance with and are subject to the ESA and NOAA Fisheries regulations governing listed fish and wildlife permits (50 CFR parts 222-226). Those individuals requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES ). The holding of such a hearing is at the discretion of the Assistant Administrator for Fisheries, NOAA. All statements and opinions contained in the permit action summaries are those of the applicant and do not necessarily reflect the views of NMFS. Species Covered in This Notice This notice is relevant to the following four threatened salmonid ESUs: Southern Oregon/Northern California Coast (SONCC) coho salmon ( *Oncorhynchus kisutch* ), Central California Coast

(CCC)coho salmon, Northern California

(NC)steelhead ( *O. mykiss* ), and California Coastal

(CC)Chinook salmon ( *O. tshawytscha* ). Renewal and Modification Requests Received. Permit 1068 The U.S. Fish and Wildlife Service (USFWS) has requested the renewal and modification 2 of Permit 1068 for take of SONCC coho salmon, associated with 2 new or modified studies assessing coho salmon in selected locations in the Klamath River. The USFWS proposes to capture juvenile and adult salmon and steelhead by rotary screw traps, seine nets, minnow traps, in-stream pipe traps, seines, weirs, trawl, and electrofishing. Renewal and Modification 1 of Permit 1068 was originally issued on April 15, 2005. USFWS has requested lethal take of up to: 168,566 juvenile and 200 adult SONCC coho salmon, 173,987 juvenile CC Chinook salmon, Renewal and Modification 2 of Permit 1068 will include two new studies using SONCC coho salmon caught in screw traps and seines to identify disease and pathogens and how it effects survival rates of salmonids. These two new studies would “sacrifice” (intentional mortality) up to 450 wild coho salmon and up to 530 hatchery coho salmon (980 coho salmon). Renewal and Modification 2 of Permit 1068 will expire on September 1, 2013. Dated: February 17, 2006. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-2570 Filed 2-22-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Announcement of Kachemak Bay National Estuarine Research Reserve Revised Management Plan AGENCY: Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. ACTION: Notice of approval and availability of the Final Revised Management Plan for the Kachemak Bay National Estuarine Research Reserve. SUMMARY: Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plan for the Kachemak Bay National Estuarine Research Reserve (Reserve). The Reserve was designated in 1999 pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461 and has been operating under the management plan approved as part of the designation document. Pursuant to 15 CFR 921.33(c), a state must revise their management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The mission of the Kachemak Bay reserve management plan is to enhance understanding and appreciation of the Kachemak Bay estuary and adjacent waters to ensure these ecosystems remain healthy and productive through site-based estuarine research, stewardship and education. The management plan identifies six priority resource issues that are addressed through active management. These priority issues are

(1)larval and juvenile fisheries recruitment and life history dynamics,

(2)climate change,

(3)coastal dynamics (natural and anthropogenic), including land use change,

(4)natural hazards,

(5)socioeconomics associated with coastal resources, and

(6)public access. Kachemak Bay reserve's management plan addresses these issues with specific programs for resource management and protection, research and monitoring, education and training, public access and visitor use, program administration, and partnerships and regional coordination. The plan identifies management goals, priority resource management issues or threats that these goals must address, and specific strategies to accomplish these goals. The resource management and protection program addresses issues such as land acquisition and habitat restoration and protection. The reserve manages important habitats but any land acquisition of inholdings would be done by the state pursuant to existing management programs rather than by the reserve. The research and monitoring program supports process-oriented research focused on obtaining baseline knowledge of the Bay and its watershed, and expanding hydrographic and biological monitoring that can be used for long-term comparisons. Staff and visiting researchers conduct monitoring and research within the watersheds and boundaries of the reserve and use GIS to map critical habitats and hydrology and hydrodynamic processes. The education and training program at the reserve targets audiences of all ages and backgrounds for traditional, experiential, training and outreach opportunities. The education program is also upgrading and expanding the Reserve's exhibitry to better interpret scientific data collected by the Research program. The public access and visitor use program at the reserve includes working with partners to assess visitor needs and complement current public access as allowable. Visitor use policies are designed to provide for compatible use and protection of valuable natural resources. The administration program team ensures the staffing and budget necessary to carry out the goals and objectives of the plan. Situated within its parent agency, Division of Sport Fish of the Alaska Department of Fish and Game, the administrative staff develops stable funding and grant match opportunities. FOR FURTHER INFORMATION CONTACT: Nina Garfield at

(301)563-1171 or Laurie McGilvray, Chief, Estuarine Reserves Division at

(301)563-1158 of NOAA's National Ocean Service, Estuarine Reserves Division, 1305 East-West Highway, N/ORM5, 10th floor, Silver Spring, MD 20910. Dated: February 8, 2006. Eldon Hout, Director, Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. [FR Doc. E6-2528 Filed 2-22-06; 8:45 am] BILLING CODE 3510-JE-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021706C] Mid-Atlantic Fishery Management Council (MAFMC); Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Trawl Survey Advisory Panel, composed of representatives from the National Marine Fisheries Service's Northeast Fisheries Science Center (NEFSC), the Mid-Atlantic Fishery Management Council (MAFMC), the New England Fishery Management Council (NEFMC), and several independent scientific researchers, will hold a public meeting. DATES: March 8, 2006 from 1 p.m. to 6 p.m. and March 9, 2006 from 8 a.m. to 2 p.m. ADDRESSES: The meeting will be held at the Hilton Garden Inn, Providence Airport, One Thurber Street, Jefferson Boulevard, Warwick, RI 02886 telephone 401-734-9600. *Council address* : Mid-Atlantic Fishery Management Council; 300 S. New Street, Room 2115, Dover, DE 19904. FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council; 300 S. New Street, Room 2115, Dover, DE 19904, telephone 302-674-2331, ext. 19. SUPPLEMENTARY INFORMATION: The purpose of this meeting is to review the results of the February Northeast Fisheries Science Center's experimental trawl survey cruise and continue to develop and evaluate survey protocols for the new survey. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Jan Saunders at the Mid-Atlantic Council Office at least five days prior to the meeting date. Dated: February 17, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-2553 Filed 2-22-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021306B] U.S. Climate Change Science Program Synthesis and Assessment Product Prospectus AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability and request for public comments. SUMMARY: The National Oceanic and Atmospheric Administration publishes this notice to announce the availability of the draft Prospectus for one of the U.S. Climate Change Science Program

(CCSP)Synthesis and Assessment Products (Products) for public comment. This draft Prospectus addresses the following CCSP Topic: Product 4.5 Effects of Global Change on Energy Production and Use After consideration of comments received on the draft Prospectus, the final Prospectus along with the comments received will be published on the CCSP web site. DATES: Comments must be received by March 17, 2006. ADDRESSES: The draft Prospectus is posted on the CCSP Program Office web site. The web address to access the draft Prospectus is: *http://www.climatescience.gov* */Library/sap/sap4-5/default.htm.* Detailed instructions for making comments on the draft Prospectus are provided with the Prospectus. Comments should be prepared in accordance with these instructions. FOR FURTHER INFORMATION CONTACT: Vanessa Richardson, Climate Change Science Program Office, 1717 Pennsylvania Avenue NW, Suite 250, Washington, DC 20006, Telephone:

(202)419-3465. SUPPLEMENTARY INFORMATION: The CCSP was established by the President in 2002 to coordinate and integrate scientific research on global change and climate change sponsored by 13 participating departments and agencies of the U.S. Government. The CCSP is charged with preparing information resources that support climate-related discussions and decisions, including scientific synthesis and assessment analyses that support evaluation of important policy issues. The Prospectus addressed by this notice provides a topical overview and describes plans for scoping, drafting, reviewing, producing, and disseminating one of 21 final synthesis and assessment Products that will be produced by the CCSP. Dated: February 16, 2006. James R. Mahoney, Assistant Secretary of Commerce for Oceans and Atmosphere, Director, Climate Change Science Program. [FR Doc. E6-2568 Filed 2-22-06; 8:45 am] BILLING CODE 3510-12-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Interim Procedures for Considering Requests Under the Commercial Availability Provision to the Dominican Republic-Central America-United States Free Trade Agreement February 21, 2006. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Notice of Interim Procedures and Request for Comments. SUMMARY: This notice sets forth the interim procedures the Committee for the Implementation of Textile Agreements (“CITA”) will follow in implementing certain provisions of the Dominican Republic-Central America-United States Free Trade Agreement (“CAFTA-DR” or “Agreement”) Implementation Act. Section 203(o)(4) of the CAFTA-DR Implementation Act establishes procedures for the President to modify the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner in the countries that are Parties to the CAFTA-DR, as set out in Annex 3.25 of the CAFTA-DR. The President has delegated to CITA the authority to determine whether fabrics, yarns, or fibers are not available in commercial quantities in a timely manner in CAFTA-DR countries and has directed CITA to establish procedures that govern the submission of a request and provide the opportunity for interested entities to submit comments and supporting evidence in any such determination pursuant to the CAFTA-DR Implementation Act. This notice hereby gives notice to interested entities of the procedures CITA will follow in considering such requests and solicits public written comments on these procedures. Comments must be received not later than March 9, 2006 of this notice to the Chairman, Committee for the Implementation of Textile Agreements, Room 3100, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. EFFECTIVE DATE: The date of entry into force of the Dominican-Central America-United States Free Trade Agreement. FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 204(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (“CAFTA-DR”) the Statement of Administrative Action (“SAA”), accompanying the CAFTA-DR, at 16-20. Background The CAFTA-DR provides a list in Annex 3.25 of the Agreement for fabrics, yarns, and fibers that the Parties to the Agreement have determined are not available in commercial quantities in a timely manner from producers in the United States or other CAFTA-DR countries. A textile and apparel good containing fabrics, yarns, or fibers that is included in Annex 3.25 of the Agreement will be treated as if it is an originating good for purposes of the specific rules of origin in Annex 4.1 of the Agreement, regardless of the actual origin of those inputs. However, all other fabrics, yarns, or fibers of the component that determines the classification of the good must meet the specific rules of origin in Annex 4.1 of the Agreement. The CAFTA-DR provides that the President will establish procedures governing the submission of requests and may determine whether additional fabrics, yarns, or fibers are available or are not available in commercial quantities in a timely manner in the United States or the other CAFTA-DR countries. In addition, the CAFTA-DR establishes that the President may remove a fabric, yarn, or fiber from the list, if it has been added to the list in an unrestricted quantity pursuant to section 203(o), if he determines that the fabric, yarn, or fiber has become available in commercial quantities in a timely manner. The SAA provides that the President will delegate to CITA his authority under section 203(o)(4) of the Agreement (“Commercial Availability Provision”), to establish procedures for modifying the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner for Agreement countries, as set out in Annex 3.25 of the Agreement. These procedures are not subject to the requirement to provide prior notice and opportunity for public comment, pursuant to 5 U.S.C. 553(b)(A) (Administrative Procedures Act). Procedures for Considering Requests **1. Introduction** The intent of the CAFTA-DR Commercial Availability Procedures is to foster the use of U.S. and CAFTA-DR products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. To this end, these procedures are intended to facilitate the transmission, on a timely basis, of order requests and offers to supply such requests; have the market indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and parties, information regarding the requests for products and offers received; ensure wide participation by interested entities and parties; provide careful scrutiny of information provided to substantiate order requests and response offers; and provide timely public dissemination of information used by CITA in making commercial availability determinations. **2. Definitions** *(a) Commercial Availability Request.* A “Commercial Availability Request” is a submission from an interested entity requesting that CITA place a good on the list in Annex 3.25 because that fiber, yarn, or fabric is not available in commercial quantities in a timely manner from a producer in the territory of any Party in the CAFTA-DR region. *(b) Interested Entity.* An “interested entity” means a government that is a Party to the Agreement, other than the United States; a potential or actual purchaser of a textile or apparel good; or a potential or actual supplier of a textile or apparel good. See section 202(o)(4)(B)(i) of the CAFTA-DR. *(c) Interested Party.* An “interested party” means any interested entity that requests to be included on the e-mail notification list for Commercial Availability proceedings. Any interested entity may become an interested party by contacting CITA. See Office of Textile and Apparel, U.S. Department of Commerce, website for details at *http://web.ita.doc.gov/tacgi/CABroadcast.nsf/Document?Openform* or send an e-mail to *OTEXA_CAFTA@ita.doc.gov* . *(d) Official Receipt.* The “official receipt” is CITA's e-mail confirmation that it has received both the e-mail version and the original submission signed by the interested entity delivered via express courier. *(e) Request.* A “request” refers to the Commercial Availability Request. *(f) Request to Remove or Restrict.* A “request to remove or restrict” is a submission from an interested entity requesting that CITA either remove a good or that a quantity restriction be introduced six months after a subject product has been added to Commercial Availability List in an unrestricted quantity pursuant to section 203(o). *(g) Requestor.* The “requestor” refers to the interested entity that files a request, either a Commercial Availability Request or a Request to Remove or Restrict, under the CAFTA-DR Commercial Availability provision, for CITA's consideration. *(h) Response with an Offer.* A “response with an offer” is a submission from an interested entity to CITA providing its objection to the request or asserting its ability to supply the subject product by providing an offer to supply the subject product described in the request. *(i) Rebuttal Comment.* A “rebuttal comment” is a submission from an interested entity providing information in response to evidence or arguments raised in a response submission. Rebuttal comments must be limited to evidence and arguments provided in a response submission. *(j) Single, fiber, yarn, or fabric.* The term “single fiber, yarn, or fabric” means a single product, which may be only part of a Harmonized Tariff Schedule of the United States (“HTSUS”) provision. *(k) U.S. Business day.* A “U.S. business day” is any calendar day other than a Saturday, Sunday, or a legal holiday. **See** section 202(o)(4)(B)(i) of the CAFTA-DR Implementation Act. **3. Submissions for Participation the U.S.-CAFTA-DR Commercial Availability Proceeding.** *(a) Filing Submission.* All submissions for a CAFTA-DR Commercial Availability proceeding (e.g., Commercial Availability Request, Response with an Offer, Rebuttal Comments, and Request to Remove or Restrict) must be in English and must be submitted to the **U.S. Department of Commerce's Office of Textiles and Apparel (“OTEXA”)** in two forms:

(1)an electronic-mail (“e-mail”) version of the submission must be either in Word or Word-Perfect format and must contain an adequate public summary of any business confidential information sent to *OTEXA_CAFTA@ita.doc.gov* , which will be posted for public review on the OTEXA's CAFTA-DR Commercial Availability website at *http:otexa.ita.doc.gov* . No business proprietary information should be submitted in the e-mail@ version of any document; and

(2)the original signed submission must be received via express courier to—Chairman, Committee for the Implementation of Textile Agreements, Room H3100, U.S. Department of Commerce, 14th and Constitution Ave., N.W., Washington, DC 20230. Any business confidential information upon which an interested entity wishes to rely must be included in the original signed submission only.

(3)Brackets must be placed around all business confidential information contained in submissions. Documents containing business confidential information must have a bolded heading stating “Confidential Version.” Documents, including those submitted via e-mail, provided for public release, must have a bolded heading stating “Public Version” and all the business confidential information must be deleted and replaced with asterisks.

(4)Generally, details, such as quantities and lead times for providing the subject product, can be treated as business confidential information. However, the names of manufacturers who were contacted, what was asked generally about the capability to manufacture the subject product, and the responses thereto should be publicly available. *(b) Due Diligence Certification.* An interested entity must file a certification of due diligence as described in subsection (b)(1) with each submission containing factual information. If the interested entity has legal counsel or other representative, the legal counsel or other representative must file a certification of due diligence as described in subsection (b)(2) with each submission containing factual information. Accurate representations of material facts submitted to CITA for the CAFTA-DR Commercial Availability proceeding are vital to the integrity of this process and are necessary for CITA's effective administration of the statutory scheme. Each submission containing factual information for CITA's consideration must be accompanied by the appropriate certification regarding the accuracy of the factual information. Any submission that lacks the applicable certifications will be considered an incomplete submission that CITA will reject and return to the submitter. CITA may verify any factual information submitted by interested entities in a CAFTA-DR Commercial Availability proceeding.

(1)For the person responsible for presentation of the factual information: I, (name and title), currently employed by (interested entity), certify that

(1)I have read the attached submission, and

(2)the information contained in this submission is, to the best of my knowledge, complete and accurate.

(2)For the person's legal counsel or other representative: I, (name), of (law or other firm), counsel or representative to (interested party), certify that

(1)I have read the attached submission, and

(2)based on the information made available to me by (person), I have no reason to believe that this submission contains any material misrepresentation or omission of fact. *(c) Official Receipt* . A submission will be considered officially submitted to CITA only when both the e-mail version and the original signed submission have been received by CITA. CITA will confirm to the requestor and responder that both versions of the request were received and properly submitted by e-mail. CITA's e-mail confirmation shall be considered the “official receipt” of the submission, and also begins the statutory 30 U.S. business day process for CITA's consideration of requests. **4. Submitting a Request for Consideration in a Commercial Availability Proceeding.** *(a) Commercial Availability Request.* An interested entity may submit a Commercial Availability request to CITA alleging that a fiber, yarn, or fabric is not available in commercial quantities in a timely manner from a producer in the territory of any Party in the U.S.-CAFTA-DR region. *(b) Contents of a Commercial Availability Request.* *(1) Detailed Product Information.* The Commercial Availability request must provide a detailed description of the product subject to the request, including, if applicable, fiber content, construction, yarn size, and finishing processes; and the classification of the product under the HTSUS. All measurements must be stated in metric units. *(2) Quantity.* The Commercial Availability request must provide the specific quantity of the product needed by the requestor, in standard units of quantity for production of the subject product in the CAFTA-DR region. *(3) Due Diligence.* The Commercial Availability request must provide a complete description of the due diligence undertaken by the requestor to determine the subject product's availability in the CAFTA-DR region. Due diligence for the requestor means that it has made reasonable efforts to obtain the subject product from CAFTA-DR manufacturers. The requestor must provide the names and addresses of manufacturers contacted, who was specifically contacted, the exact request that was made, the dates of those contacts, whether a sample of the subject product was provided for review, and the exact response given for the manufacturer's inability to supply the subject product under the same conditions as contained in the Commercial Availability request submitted to CITA, in addition to any other information the requestor believes is relevant. The requestor must submit copies of relevant correspondence, both inquiries and responses, with these manufacturers. Specific details of correspondence with manufacturers, such as quantities and lead times for providing the subject product, can be treated as business confidential. However, the names of domestic manufacturers who were contacted, what was asked generally about the capability to manufacture the subject product, and the responses thereto should be available for public review to ensure proper public participation in the process. *(4) Substitutable Products.* The Commercial Availability request may provide, if relevant, the basis for the requestor's belief that other products that are supplied by the domestic industry in commercial quantities in a timely manner are not substitutable for the product(s) that is

(are)the subject of the request for purposes of the intended use. *(5) Additional Information.* The Commercial Availability request may provide any additional evidence or information believed to be relevant for CITA to determine whether a fiber, yarn, or fabric is not available in commercial quantities in a timely manner from a producer in the territory of any Party in the CAFTA-DR region.

(c)CITA will send e-mail confirmation of official receipt of the Commercial Availability request, which begins the statutory 30 U.S. business day process for considering the Commercial Availability request. **5. Consideration and Acceptance of a Request.** In considering whether to accept a request, CITA will consider and determine whether it provides all the required information specified section 4(b)(1)-(3) in these procedures. CITA will determine whether to accept the request for consideration and investigation not later than two U.S. business days after the official receipt of a request. *(a) Request Rejected.* If CITA determines that the request does not contain the required information, the requestor will be notified promptly by e-mail that the request has not been accepted and the reasons for the rejection. A request may be resubmitted with additional information for the subject product and CITA will reevaluate it as a new request. *(b) Request Accepted.* If CITA determines that the request contains the required information, CITA will notify interested parties by e-mail that a request has been filed. CITA will post the accepted request on its website for public notice. **6. Submitting a Response in a Commercial Availability Proceeding.** *(a) Response Submission.* An interested entity may file a response submission to a request CITA accepted advising CITA of its objection to the request and its ability to supply the subject product by providing an offer to supply the subject product as described in the request. An interested entity will have 10 U.S. business days after official receipt of a request to respond to a request. CITA may, for good cause, extend the time limit, unless expressly precluded by statute. *(b) Contents of a Response with an Offer.* *(1) Quantity.* The response with an offer must supply the quantity of the requested subject product that the interested entity, e.g., a CAFTA-DR supplier(s) or manufacturer(s), is capable of currently supplying, in standard units of quantity. All measurements must be in metric units. *(2) Production Capability.* The response with an offer must report the quantity, in metric units, that the CAFTA-DR manufacturer produced in the preceding 24-month period of the requested subject product.

(i)For products that have experienced cyclical demand or are not currently produced, the manufacturer should indicate the quantity that has been supplied or offered commercially in the past, with an explanation of the reasons it is not currently produced or offered.

(ii)If the requestor has requested a new style, weight, or other variation that is new to the market, then the CAFTA-DR supplier(s) or manufacturer(s) should provide detailed information on its current ability to make the new product.

(iii)If the CAFTA-DR supplier(s) or manufacturer(s) is making a new product that has not yet been offered to the market but could meet the requirements of the subject product, then the CAFTA-DR supplier(s) or manufacturer(s) needs to provide detailed information regarding the product and its ability to meet a request. *(iv) Substitutable Products.* The response with an offer may provide, if relevant, the basis for the responder's belief that other products that are supplied by the domestic industry in commercial quantities in a timely manner are substitutable for the product(s) that is the subject of the request for purposes of the intended use. *(3) Due Diligence.* The response with an offer must provide a complete description of the due diligence undertaken by the CAFTA-DR supplier(s) or manufacturer(s) to substantiate the ability to supply the subject product.

(i)In the case of new variations of a product, the supplier must substantiate the ability to manufacture the subject product. The supplier must provide sufficient detail of the manufacturing capabilities of the facility that will supply the subject product, in addition to any other information the supplier believes is relevant.

(ii)If some operations, such as finishing, will be completed by other entities, the name of the facility and contact information must be provided. *(4) Location of the CAFTA-DR supplier(s) or manufacturer(s).* The response with an offer must provide the name, address, phone number, and e-mail address of a contact person at the facility claimed to be able to supply the subject product.

(c)CITA will confirm official receipt of response submissions by e-mail to the responding interested entity. **7. Submitting Rebuttal Evidence.** *(a) Rebuttal Submission.* Any interested entity may submit a rebuttal submission to a response submission. An interested entity must submit its rebuttal submission not later than 4 U.S. business days after the deadline for response submissions. If good cause is shown, CITA may extend the time limit. *(b) Contents of a Rebuttal Submission.* The rebuttal submission may respond only to evidence or arguments raised in the response submission and must identify the submission, evidence and/or arguments to which it is responding. **8. Determination Process.**

(a)Not later than 30 U.S. business days after official receipt of a request (or not later than 44 U.S. business days where an extension is provided pursuant to section 8(c)(4) of these procedures), CITA will notify interested parties by e-mail and the public on its website whether the subject product is available in commercial quantities in a timely manner in the CAFTA-DR area and whether an interested entity has objected to the request.

(b)CITA will notify the public of the determination by publication in the **Federal Register** when the determination results in a change to the Commercial Availability List in Annex 3.25 of the Agreement. *(c) Types of Determinations.* **(1) Denial.** A denial means that CITA has determined that the subject product is available in commercial quantities in a timely manner in the CAFTA-DR area. If a request is denied, notice of the denial will be posted on the CAFTA Commercial Availability website at *http://otexa.ita.doc.gov.* **(2) Approval in Unrestricted Quantity.** An approval in unrestricted quantities means that CITA has determined that the subject product is not available in commercial quantities in a timely manner in the CAFTA-DA area or that no interested entity has objected to the request. CITA will approve the request in an unrestricted quantity if CITA determines that no CAFTA-DR supplier(s) or manufacturer(s) could fulfill the request for the subject product.

(i)If a request is approved without restriction, a notice will be published in the U.S. **Federal Register** not later than 30 U.S. business days after the official receipt of a request, adding the subject product to the Commercial Availability List in Annex 3.25 of the CAFTA-DR.

(ii)The effective date of the determination is the notice's date of publication in the U.S. **Federal Register** . **(3) Approval in Restricted Quantity.** An approval in restricted quantities means that CITA has determined that the subject product is not available in sufficient commercial quantities to supply the quantities stated in the request in a timely manner in the CAFTA-DR area. CITA may approve the request in a restricted quantity if CITA determines that a CAFTA-DR supplier(s) or manufacturer(s) could partially fulfill the request for the subject product.

(i)If a request is approved with a restriction, a notice will be published in the **Federal Register** not later than the 30 U.S. business days after approval, adding the subject product to the Commercial Availability List in Annex 3.25 of the CAFTA-DR with a restricted quantity. The restricted quantity specifies the amount of the subject product that must be obtained from a CAFTA-DR supplier(s) or manufacturer(s) for the product to remain eligible for inclusion on the Commercial Availability List.

(ii)The effective date of the determination will be the date of publication in the U.S. **Federal Register** . *(iii) Elimination of the Restricted Quantity.* Not later than six months after adding a product to the Commercial Availability List with a restricted quantity, CITA may eliminate the restriction if it determines that the subject product is not available in commercial quantities in a timely manner in the CAFTA-DR area.

(A)Within this six-month period, CITA will determine whether the restricted quantity of the subject product specified in the original determination, which was based upon an offer presented by the CAFTA-DR supplier(s) or manufacturer(s), has been met. CITA will solicit comments from the CAFTA-DR supplier(s) or manufacturer(s) and requestor regarding the restricted quantity during the six-month period.

(1)If the CAFTA-DR supplier(s) or manufacture(s)r was unable to provide the specifically offered amount, an explanation must be provided to CITA for its consideration of whether to eliminate the restriction.

(2)In the event that the restricted amount was not obtained from the CAFTA-DR supplier(s) or manufacturer(s), CITA will notify interested entities, by e-mail not later than 30 U.S. business days before the six-month period expires, that it is considering elimination of the quantitative restrictions for the subject product on the Commercial Availability List.

(3)Interested entities may provide information explaining the reasons for being unable to supply the specified offer, which CITA will consider in making a decision on whether to eliminate the quantitative restriction of the subject product.

(B)If CITA determines to eliminate the restricted quantity, a notice will be published in the **Federal Register** . **(4) Insufficient Information to Determine.** CITA will extend its time period for consideration of the request an additional 14 U.S. business days in the event that CITA determines, not later than 30 U.S. business days after official receipt of a request, that it has insufficient information to make a determination regarding the ability of a CAFTA-DR supplier(s) or manufacturer(s) to supply the request based on the submitted information. CITA will normally determine that it does not have sufficient information to make a determination on a request when CITA finds there is inconsistency in material information contained in the request, one or more reply offers to supply the subject product, and/or the rebuttal submissions. CITA will notify interested parties via e-mail that it has extended the time period for CITA's consideration by 14 U.S. business days. CITA also will announce the extension on the website. *(i) Process during Extension Period.* During the extended time period, CITA will request that interested entities provide additional evidence to support their claims and information previously submitted to CITA and may meet with interested entities. Such evidence may include inter alia product samples, lab tests, detailed descriptions of product facilities, and comparisons of product performance in the intended end-use of the subject product.

(ii)CITA also will consider evidence in support of claims that CAFTA-DR supplier(s) or manufacturer(s) can supply a substantially similar product to that specified in the request.

(iii)CITA will make a determination, not later than 44 U.S. business days after the official receipt of a request whether to approve, approve with restriction, or deny the request and will follow the notification process accordingly. **(5) Deemed Approval.** In the unlikely event that CITA does not make a determination in response to a request, not later than 45 U.S. business days after the official receipt of the request or not later than 60 U.S. business days after the official receipt of the request that was determined to lack sufficient information pursuant to subsection (c)(4), the requested subject product shall be added to the Commercial Availability list, in accordance with the requirements of section 202(o)(4)(D) of the CAFTA-DR.

(6)Whenever the Chairman of CITA receives information concerning, or a request from an interested entity for the review of a final affirmative determination that resulted in a product being added to the Commercial Availability List in Annex 3.25, which shows changed circumstances sufficient to warrant a review of such determination, CITA may conduct a review of such a determination after notifying interested parties by e-mail of the review and posting notice on the website. During a review conducted by CITA under this subsection, the entity seeking revocation of a product from the Commercial Availability List in Annex 3.25 shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such revocation. Absent a show of good cause, CITA may not review a determination less than 12 months after the date of publication of notice of that determination. **9. Six Month Procedures: Submitting a Request to Remove or Restrict.** *(a) Request to Remove or Restrict.* An interested entity may file a request with CITA requesting that a product be either removed or that a quantity restriction be introduced six months after a requested subject product has been added to Commercial Availability List in an unrestricted quantity pursuant to Section 203(o). *(b) Content of a Request to Remove or Restrict.* The request to remove or restrict must provide the substantive information set forth in subsection 6(b) (Contents of a Response with an Offer). *(c) Procedures.*

(1)In considering whether to accept a request to remove or restrict, CITA will follow procedures set forth in section 5 *(Consideration and Acceptance of a Request)* .

(2)If CITA determines to accept the request to remove or restrict, CITA and any responding interested party shall follow procedures and contents set forth in subsections 6(a) and

(c)*(Response Submission)* and section 7 *(Submitting Rebuttal Evidence)* .

(3)As set forth in subsections 8(a) and

(b)*(Determination Process)* , CITA will determine whether the subject product of the request to remove or restrict is available in commercial quantities in a timely manner in the CAFTA-DR area not later than 30 U.S. business days after the official receipt of the request.

(i)If CITA determines that the product is available in commercial quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-DR supplier(s) or manufacturer(s) is capable to supply all of the subject product requested originally, then that product will be removed from the Commercial Availability List.

(ii)If CITA determines that the product is available in commercial quantities in a timely manner in the CAFTA-DR area, e.g., that a CAFTA-DR supplier(s) or manufacturer(s) is capable to supply part of the subject product requested originally, then a restricted quantity will be introduced for that product.

(iii)If the Commercial Availability List changes as a result of CITA's determination for the request to remove or restrict, CITA will notify interested parties by e-mail of its determination and will publish a notice of its determination for the request to remove or restrict in the **Federal Register** .

(A)For removal, the notice will state that textile and apparel articles containing the subject product are not to be treated as originating in a CAFTA-DR country if the subject product is obtained from non-CAFTA-DR sources, effective for goods entered into the United States on or after six months (e.g., 180 calendar days) after the date of publication of the notice.

(B)For restriction, the notice will specify the restricted quantity for the subject product that is to be effective six months after the publication date of the notice. Philip J. Martello, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 06-1734 Filed 2-21-06; 12:43 pm]

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