Notices. Notice and request for comments

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BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34435] Ameren Energy Generating Company—Construction and Operation Exemption—in Coffeen and Walshville, IL By petition filed on February 5, 2004, Ameren Energy Generating Company (AEGC or petitioner), a wholly owned subsidiary of Ameren Corporation (Ameren), on behalf of itself and Coffeen and Western Railroad Company (CWRC), its railroad subsidiary, 1 seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901, to allow the construction and operation of approximately 13 miles of rail line.

The line would run between AEGC's Coffeen Power Plant near Coffeen, IL, and separate connections with the Union Pacific Railroad Company

(UP)and BNSF Railway Company

(BNSF)near Walshville, IL. 1 Through a wholly owned subsidiary, Ameren ERC, Inc., Ameren controls the Missouri Central Railroad Company (MCRR). *See Ameren Corporation—Control Exemption—Missouri Central Railroad Company,* STB Finance Docket No. 33805 (STB served Nov. 5, 1999). In addition, Ameren owns a 60% interest in Electric Energy, Inc. (EEI), an exempt wholesale generator with 1,087 megawatts of capacity. Through EEI, Ameren controls the Joppa & Eastern Railroad (JERR). Ameren has obtained authority to control MCRR, JERR, and CWRC. *Ameren Corporation—Control Exemption—Coffeen and Western Railroad Company,* STB Finance Docket No. 34498 (STB served May 10, 2004). In a decision served on May 5, 2004, the Board instituted a proceeding under 49 U.S.C. 10502(b). On May 26, 2004, Norfolk Southern Railway Company

(NS)filed a notice of appearance and initial comments, to which AEGC and CWRC replied on June 22, 2004. 2 2 By decision served July 9, 2004, the Board denied a motion filed June 2, 2004, by CWRC to strike as irrelevant and inappropriate NS's initial comments. The Board's Section of Environmental Analysis

(SEA)conducted an environmental review of the proposed construction and alternatives to the proposal. A detailed Environmental Assessment (EA), prepared by SEA, was issued for public review and comment on May 25, 2005. SEA then prepared a Post Environmental Assessment (Post EA) dated January 13, 2006. The Post EA considers all the comments received on the EA, reflects SEA's further independent analysis, and sets forth SEA's final recommended environmental mitigation. After considering the entire record, including both the transportation aspects of the petition and the potential environmental issues, we will grant the requested exemption, subject to the environmental mitigation measures recommended in the Post EA, which are set forth in the Appendix. Background Ameren's electric generating facilities provide energy services to 1.7 million electric customers and have a net generating capacity of more than 14,500 megawatts. The Coffeen Power Plant is a 900-megawatt facility and, at full capacity, can burn approximately 450 tons of coal to produce 6.7 million pounds of steam per hour. The plant annually receives approximately 2.5 million tons of coal, most of which comes via NS from the Monterey Mine near Macoupin, IL. NS currently transports the coal south from the Monterey Mine toward St. Louis, MO, and then north to a connection with BNSF at Litchfield, IL. From Litchfield, NS operates via trackage rights on BNSF track southeast to Sorento, IL, where it returns to its own track again for the last 12 miles east to the Coffeen Power Plant. AEGC states that the final 12-mile stretch of track is an island of NS track because NS has abandoned the sections of track to the east and the west. According to petitioner, NS does not serve any other shippers on this segment. AEGC states that, since 2003, the coal mine currently supplying coal to the Coffeen Power Plant has had occasional difficulties providing the tonnage that Ameren needs. This concern, along with Ameren's overall desire to lower fuel costs by maximizing the fuel source and transportation options at its plants, led Ameren to investigate rail service alternatives that would provide more flexible and reliable service from a broader range of coal mine origins. AEGC states that Ameren considered various potential routes that might be available to connect the Coffeen Power Plant to the lines of both UP and BNSF, each of which has access to numerous coal mines throughout the West. One route (referred to here as Route A) would consist of an approximately 13-mile line that starts at Coffeen and travels southwest and roughly parallel to the NS track for approximately 1 mile. It would then cross the NS line and closely follow existing transmission lines until near its end, where it would fork into two short segments that connect to the separate lines of UP and BNSF, both of which are near Walshville. A second route (referred to here as Route B) would require NS to voluntarily agree to sell, lease, or otherwise allow Ameren to use the existing 12-mile island track. AEGC would then construct a 5-mile rail line from a point near the end of NS's line at Sorento north to connections with UP and BNSF lines near Walshville. AEGC considers Route B preferable, but states that, if construction and operation of that line is not possible, it would construct and operate the longer Route A line instead. Either of the proposed rail lines would provide the Coffeen Power Plant with direct access to rail lines of both UP and BNSF. AEGC states that Ameren would finance the construction of the line and that CWRC would undertake the actual construction. The record indicates that CWRC might operate the line, or that Ameren might enter into a contract with another carrier to conduct the operations. In either case, the rail line would be operated as a common carrier rail line and other shippers could request service. AEGC states that, if another carrier were to operate the line, CWRC would retain a residual common carrier obligation to provide rail service. AEGC states that the proposed build-out would increase competition by providing the Coffeen Power Plant with direct access to the services of two additional rail carriers. It explains that this increase in rail transportation options would increase the plant's fuel source options, thereby increasing plant reliability and decreasing the plant's total costs of operation. According to AEGC, this proposal is the kind of transaction that should qualify for an exemption from the prior approval requirements of 49 U.S.C. 10901. It notes that the ICC Termination Act of 1995 3 liberalized the public convenience and necessity (PC&N) test of section 10901 so that there is now a presumption that a proposed rail construction project should be approved. 4 3 Pub. L. No. 104-88, 109 Stat. 803 (1995). 4 Under 49 U.S.C. 10901, we must authorize the construction and operation of a new line “unless the Board finds that such activities are inconsistent with the public convenience and necessity.” NS has not directly opposed the proposed construction. However, it has raised concerns about the use of the Board's summary class exemption procedures at 49 CFR 1150.31 when CWRC was authorized to become a common carrier. 5 NS does not specifically ask for revocation of the exemption in that proceeding, but states that it is “troubled” by CWRC's creation through the filing of a notice of exemption, and asks the Board to consider reviewing the class exemption procedures generally. 5 *Coffeen and Western Railroad Company—Lease and Operation Exemption—Near Coffeen, IL,* STB Finance Docket No. 34497 (STB served May 10, 2004). By that notice, CWRC obtained an exemption to lease from AEGC and operate approximately 0.2 miles of rail line near Coffeen, IL. Discussion and Conclusions Rail Transportation Analysis The construction and operation of railroad lines require prior Board authorization, either through issuance of a certificate under 49 U.S.C. 10901 or, as requested here, by granting an exemption under 49 U.S.C. 10502 from the formal application procedures of section 10901. Under section 10502, we must exempt a proposed rail line construction from the detailed application procedures of section 10901 when we find that:

(1)Those procedures are not necessary to carry out the rail transportation policy

(RTP)of 49 U.S.C. 10101; and

(2)either

(a)the proposal is of limited scope, or

(b)the full application procedures are not necessary to protect shippers from an abuse of market power. Here, based on the information provided, we conclude that detailed scrutiny of the proposed construction and operation under 49 U.S.C. 10901 is not necessary to carry out the RTP, and that therefore the proposed construction project is appropriate for handling under the exemption process. The proposed rail line will increase the rail transportation options available to Ameren and its subsidiaries, as well as other area shippers, and thus will enable shippers to realize the benefits of increased railroad competition [49 U.S.C. 10101(1) and (4)]. Moreover, exempting the proposed construction and operation from 49 U.S.C. 10901 will reduce the need for Federal regulation, ensure the development of a sound transportation system with effective competition among rail carriers, foster sound economic conditions, and reduce regulatory barriers to entry [49 U.S.C. 10101(2), (4), (5), and (7)]. Nothing in the record indicates that the proposal would adversely affect other aspects of the RTP. Use of the formal application procedures here is not necessary to protect shippers from an abuse of market power. Rather, the proposed rail line will provide the area with additional transportation options and enhanced competition. Given our finding regarding the lack of need for shipper protection, we need not determine whether the transaction is limited in scope. NS does not oppose this build-out proposal. Nor is there any evidence on the transportation related aspects of this case suggesting that the construction proposal does not qualify for our exemption procedures or is otherwise improper. NS has expressed concerns about the procedure by which CWRC was authorized to become a common carrier in a different proceeding. However, this proceeding is not the appropriate vehicle for reevaluating our procedures in that case or our class exemption procedures generally. Consequently, we see no need on this record to address NS's concerns further. 6 6 We will not, as requested by NS (June 14, 2004 response at 8-9), make CWRC's authorization to be a common carrier contingent upon the approval and construction of the proposed build-out. CWRC has already obtained the authority to be a common carrier in STB Finance Docket No. 34497. The additional authority granted to CWRC here, to operate the rail line proposed here, could only be exercised if this line is built; thus, there is no need to make this new operating authority contingent upon construction of the rail line. Environmental Analysis In reaching our decision, we have also analyzed the environmental impacts associated with this construction proposal by fully considering the EA, Post EA, and the entire environmental record. Based on the environmental record, we have also assessed the two alternative routes that could be constructed and what environmental mitigation to impose. 1. The Requirements of NEPA The National Environmental Policy Act (NEPA), 42 U.S.C. 4321-43, requires Federal agencies to examine the environmental effects of proposed Federal actions and to inform the public concerning those effects. *Baltimore Gas & Elec. Co.* v. *Natural Resources Defense Council,* 462 U.S. 87, 97 (1983). Under NEPA and related environmental laws, we must consider significant potential beneficial and adverse environmental impacts in deciding whether to authorize a railroad construction as proposed, deny the proposal, or grant it with conditions (including environmental mitigation conditions). The purpose of NEPA is to focus the attention of the government and the public on the likely environmental consequences of a proposed action before it is implemented, in order to minimize or avoid potential adverse environmental impacts. *Marsh* v. *Oregon Natural Resources Council,* 490 U.S. 360, 371 (1989). While NEPA prescribes the process that must be followed, it does not mandate a particular result. *Mid States Coalition for Progress* v. *STB,* 345 F.3d 520, 533-34 (8th Cir. 2003). Thus, once the adverse environmental effects have been adequately identified and evaluated, we may conclude that other values outweigh the environmental costs. *Robertson* v. *Methow,* 490 U.S. 332, 350-51 (1989). 2. The Environmental Review Process As noted above, in this case an EA was issued for public review and comment on May 25, 2005. In the EA, SEA preliminarily concluded, based on the information provided from all sources as of the date of the EA, as well as its independent analysis, that the construction and operation of AEGC's proposed rail line (using either Route A or Route B) would have no significant environmental impacts if the mitigation measures recommended in the EA were imposed. Prior to completion of the EA, AEGC had voluntarily proposed extensive environmental mitigation measures for the proposed project. SEA preliminarily recommended that we impose this mitigation, and some additional environmental conditions, on any decision granting the petition for exemption. Comments on the EA were filed by: NS; the Illinois Environmental Protection Agency (IEPA); the United States Environmental Protection Agency, Region 5 (USEPA); the Natural Resources Conservation Service (NRCS); and the U.S. Fish and Wildlife Service (USFWS). AEGC replied to some of the comments. After considering the comments to the EA and the reply, SEA prepared a Post EA, dated January 13, 2006, in which it revised some of the mitigation recommended in the EA. 7 Specifically, SEA recommended the addition of the following mitigation: Mitigation measure 52, which addresses permitting requirements from IEPA; mitigation measure 50, which addresses Best Management Practices to prevent soil erosion; mitigation measure 28, which concerns drainage and potential erosion; mitigation measure 29, which addresses Best Management Practices for long-term maintenance of culverts and bridges; and mitigation measure 23, which imposes a 3-year mitigation monitoring and management program. Additionally, SEA recommends modifying its previously recommended mitigation measure 14, which concerns retention of woody debris and mulching. Finally, the Post EA states that the Illinois Historic Preservation Agency has completed its review under section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, and has concluded that no historic properties would be affected by the proposed project. Accordingly, SEA recommends that the mitigation measure that pertains to that process (former mitigation measure 47) not be imposed. 7 To the extent SEA's final recommended mitigation measures would affect AEGC's voluntary mitigation measures, AEGC agreed to SEA's recommended revisions. SEA determined that, with its final recommended mitigation, neither Route A nor Route B would have significant environmental impacts. However, SEA designated Route B as environmentally preferable, because it would require only about 4.6 miles of new rail line construction, compared to Route A's approximately 13 miles of new line construction. 3. Our Conclusions on the Environmental Issues After carefully reviewing the entire environmental record, we adopt all of SEA's analysis and conclusions, including those not specifically discussed here. We are satisfied that SEA took the requisite “hard look” at potential environmental impacts and accurately identified and independently evaluated the potential environmental effects associated with the project. With respect to alternatives, we identify Route B as the preferred alternative, because it would be shorter. But we also find that petitioner may construct Route A, because, as the analysis in the EA and Post EA demonstrates, construction and operation of either alternative would have no significant environmental impacts with SEA's final recommended mitigation conditions, all of which we will impose. A list of all of our conditions, including both the voluntary mitigation developed by petitioner and SEA's own mitigation recommendations, is set forth in the Appendix to this decision. Other Matters Finally, AEGC has requested that, if we grant its requested exemption, we should also revoke the exemption to the extent necessary to summarily issue a PC&N certificate in order to facilitate a potential crossing mentioned in its petition for exemption. Under 49 U.S.C. 10901(d), the Board may order a rail carrier to allow another constructing carrier to cross its property “[w]hen a certificate has been issued * * *,” so long as the construction and operation of the crossing do not materially interfere with the crossed carrier's operations and the crossed carrier is compensated. *Keokuk Junction Ry. Co.* v. *STB,* 292 F.3d 884 (D.C. Cir. 2002). However, in a construction exemption proceeding, the Board only issues a section 10901 certificate in response to a petition to cross. *See The Burlington Northern and Santa Fe Railway Company—Petition for Declaration or Prescription of Crossing, Trackage, or Joint Use Rights,* STB Finance Docket No. 33740 (STB served May 13, 2003). AEGC has not filed a petition to cross, but merely states that it “may need to seek crossing authority.” It would therefore be premature to issue a section 10901 certificate at this time. Conclusion We find, after weighing the various transportation and environmental concerns and considering the entire record, that the petition for exemption should be granted and that petitioner may build either Route A or Route B, subject to compliance with the environmental mitigation listed in the Appendix to this decision. As conditioned, this action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered 1. Under 49 U.S.C. 10502, the Board exempts AEGC's construction and CWRC's operation of the above-described line from the prior approval requirements of 49 U.S.C. 10901. 2. The Board adopts the environmental mitigation measures set forth in the Appendix to this decision, and imposes them as a condition to the exemption granted in this proceeding. 3. AEGC's motion to revoke the exemption to the extent necessary to issue a PC&N certificate is denied. 4. Notice will be published in the **Federal Register** on February 24, 2006. 5. Petitions to reopen must be filed by March 16, 2006. 6. The decision is effective on March 26, 2006. By the Board, Chairman Buttrey and Vice Chairman Mulvey. Vernon A. Williams, Secretary. Appendix AEGC'S Voluntary Mitigation Measures AEGC voluntarily proposes to incorporate the following mitigation measures into the proposed project. Transportation and Traffic Safety 1. AEGC shall install, at its sole cost, the necessary signage, lighting, and safety warnings for all at-grade crossings as approved and permitted by the Illinois Commerce Commission (Routes A and B). 2. AEGC agrees to install, at its sole cost, flashers/gates at County Road 9/Panama Avenue to elevate safety at this grade crossing as requested by the Bond County Engineer (Route B only). 3. In order to minimize delays of vehicular traffic during construction of the road crossings, AEGC shall schedule the work so that construction of the roadway approaches would be completed before construction work within the roadway occurs (Routes A and B). 4. To the extent applicable, AEGC shall require the track contractor to pre-build track panels for the grade crossings (Routes A and B). 5. AEGC shall place detour signs and detour traffic around work sites as applicable. At least one month before road crossing construction would begin, AEGC shall notify and provide information to the nearest fire department and emergency response units and notify the County, Illinois Commerce Commission and Illinois Department of Transportation of the planned roadway construction schedule (Routes A and B). 6. To the maximum extent feasible, AEGC shall construct the proposed grade crossings during the summer months when school is out of session. If road crossing construction cannot occur during the summer months, AEGC shall, at least one month before road crossing construction is scheduled to begin, notify and provide information to the applicable school districts regarding the days and times that road construction is planned. AEGC shall consider school bus schedules in planning and executing the necessary road work (Routes A and B). 7. AEGC shall coordinate with NS, as necessary, regarding construction of the proposed Route A crossing of NS in order to prevent construction activities from interfering with NS operations over its line (Route A only). 8. AEGC shall coordinate with NS, as necessary, to prevent rail operations over the proposed Route A crossing of NS from interfering with NS operations over its line (Route A only). 9 AEGC shall make reasonable efforts to identify all utilities that are reasonably expected to be materially affected by the proposed construction within the right-of-way. AEGC shall work with each utility to determine the appropriate project-related modification needed, if any, and enter into an agreement regarding the same, if necessary. AEGC shall pay all project-related costs associated with these modifications or adjustments (Routes A and B). 10. AEGC shall ensure that the contractor it selects to perform all maintenance and inspections shall do so in compliance with Federal Railroad Administration

(FRA)standards. AEGC shall also ensure that its contractor uses practices recommended by American Railway Engineering and Maintenance of Way Association for project-related construction (Routes A and B). 11. AEGC shall limit the maximum train speed on Route A to 45 mph and on Route B to 40 mph (Routes A and B). Land Use 12. AEGC shall work with farmers and ranchers to remedy actual damage to crops, pastures, or rangelands caused by project-related construction (Routes A and B). 13. AEGC shall negotiate with affected landowners to provide private crossings, where appropriate, to minimize severance impacts (Routes A and B). 14. AEGC shall ensure all construction debris is disposed of in a proper and legal manner consistent with all applicable Federal, state, and local disposal procedures. To the maximum extent feasible, AEGC shall ensure that woody debris resulting from right-of-way clearing activities during rail line construction is left on-site in forested areas as wildlife habitat. Regarding woody debris that cannot be left on-site, AEGC shall take reasonable steps to mulch the trees for residential or community use within the project area (Routes A and B). 15. AEGC shall limit construction activities and vegetation clearing to the proposed right-of-way, to the extent possible (Routes A and B). 16. Should any land not owned by AEGC be directly disturbed by project-related construction, AEGC shall restore such areas to their original condition, as may be reasonably necessary, upon completion of project-related construction (Routes A and B). 17. AEGC's project-related construction vehicles, equipment, and workers shall not access work areas by crossing residential properties without the permission of the property owners (Routes A and B). 18. AEGC shall coordinate with the Illinois Department of Transportation regarding any agreement needed for the crossing of the state-owned land near Illinois Route 127 (Route A only). Geology/Soils 19. AEGC shall limit ground disturbance to only the areas necessary for project-related construction activities (Routes A and B). 20. AEGC shall commence reclamation of disturbed areas as soon as practicable after project-related construction ends along a particular stretch of rail line. The goal of reclamation shall be the rapid and permanent reestablishment of native ground cover on disturbed areas (Routes A and B). 21. During project-related construction, AEGC shall take reasonable steps to ensure that contractors use fill material appropriate for the project area (Routes A and B). Water Resources/Wetlands 22. AEGC shall require its construction contractor to utilize Best Management Practices, to include: a. Practices to reduce erosion and sedimentation that could occur as a result of construction, including along slopes and in channels (Routes A and B); b. Disturbance of the smallest area possible around water resources (Routes A and B); c. Reseeding of areas as soon as practicable to prevent erosion (Routes A and B); d. If necessary, use of seeding fiber mats, straw mulch, plastic lined slope drains, and silt dikes (Routes A and B); e. Use of native species where practicable for revegetation (Routes A and B); f. Development of a spill prevention plan prior to construction, including measures to be taken in case any spills occur (Routes A and B); g. Maintaining construction and maintenance vehicles in good working order (Routes A and B); h. Daily inspections of all equipment for any fuel, lube oil, hydraulic, or antifreeze leaks. If leaks are found, the contractor shall immediately remove the equipment from service and repair or replace it and remediate the spill (Routes A and B); i. Practices to control turbidity and disturbance to bottom sediments during project-related construction of the proposed Coffeen Lake crossing (Route A only). 23. AEGC shall implement a monitoring and management program covering a minimum of three years to ensure that mitigation activities are successful (Routes A and B). 24. AEGC shall develop a bridge maintenance plan in compliance with FRA regulations (Routes A and B). 25. Culvert construction in streams with significant water flow that could not be barricaded shall have a by-pass channel cut adjacent to the site to accommodate “normal” flow conditions (Routes A and B). 26. Culvert construction in streams not having significant flow and that could be barricaded shall have a pump(s) set up to pass the water through the placement/construction site (Routes A and B). 27. Erosion control measures at culvert construction sites shall remain in place until the permanent culvert construction process is completed (Routes A and B). 28. AEGC shall ensure drainage and evaluate potential erosion concerns that may arise downstream of structures installed across the drainageways (Routes A and B). 29. AEGC shall use Best Management Practices for long-term maintenance of culverts and bridges along the proposed rail line (Routes A and B). 30. AEGC shall construct the proposed rail line in such a way as to maintain current drainage patterns to the extent practicable (Routes A and B). 31. Where appropriate, AEGC shall work with farmers on any drainage issues which might arise (Routes A and B). 32. AEGC shall prohibit project-related construction vehicles from driving in or crossing streams at other than established crossing points (Routes A and B). 33. AEGC shall coordinate with the U.S. Army Corps of Engineers, Illinois Department of Natural Resources and Illinois Environmental Protection Agency regarding the appropriate wetland mitigation (Routes A and B). 34. AEGC shall construct all project-related drainage crossing structures to pass a 100-year flood and AEGC shall coordinate with the Illinois Department of Natural Resources to ensure the new floodplain crossings are appropriately designed to minimize impacts (Routes A and B). 35. For wells located within the proposed right-of-way but outside the grading limits, AEGC shall cap or otherwise close those wells in accordance with state regulations (Routes A and B). 36. AEGC shall require that appropriate vegetation control measures are followed and that herbicides applied during right-of-way vegetation control procedures are approved by USEPA for such purposes (Routes A and B). 37. AEGC shall require that the company conducting vegetation control procedures is licensed to do so (Routes A and B). 38. In order to prevent the potential disbursement of sprayed substances to adjacent drainageways and wetlands, AEGC shall require that herbicide spraying not be undertaken on days with high winds and that on marginally windy days, an additive may be used to minimize any potential impact (Routes A and B). Biological Resources 39. The proposed Route A crossings of Lake Fork, Shoal Creek, and Bearcat Creek shall be bridged, thereby reducing potential impacts to the river otter habitat (Route A only). 40. The culvert crossing at Grove Branch on Route B shall be sized to minimize any impacts to the river otter habitat (Route B only). 41. The proposed culverts at Stream 19 and other intermittent streams shall be sized to minimize any natural resource impacts (Routes A and B). Air Quality 42. AEGC shall follow Federal, state, and local regulations regarding the control of fugitive dust emissions. This may include spraying water, applying a magnesium chloride treatment, placing tarp covers on vehicles, and installing wind barriers, if necessary (Routes A and B). 43. AEGC shall work with its contractors to make sure that construction and maintenance equipment is properly maintained and that mufflers and other required pollution-control devices are in working condition in order to limit construction-related air emissions (Routes A and B). 44. AEGC shall require its construction contractor to obtain the necessary burning permits to dispose of vegetation and other debris cleared from the proposed rail right-of-way (Routes A and B). Noise and Vibration 45. AEGC shall work with its construction contractor to minimize, to the extent practicable, construction-related noise disturbances near any residential areas (Routes A and B). 46. AEGC shall require its construction contractor to maintain project-related construction and maintenance vehicles in good working order with properly functioning mufflers to control noise (Routes A and B). 47. AEGC shall use continuously welded rail and rail lubricants, as practicable, on the newly constructed line in order to reduce wheel/rail wayside noise (Routes A and B). 48. AEGC shall require, as practicable, its contractor(s) to comply with FRA regulations that establish decibel limits for train operations and locomotive noise standards (Routes A and B). Additional Mitigation 49. AEGC shall comply with any reasonable stream/wetland mitigation that may be required as part of its project-related permit applications to the U.S. Army Corps of Engineers, Illinois Department of Natural Resources, and Illinois Environmental Protection Agency under the Clean Water Act (Routes A and B). 50. As site-specific erosion and sediment control and other Best Management Practices plans are developed, AEGC shall provide copies of these plans to NRCS (Routes A and B). 51. As requested by USFWS, in order to avoid impacting the Indiana bat, AEGC shall ensure that any project-related tree clearing activities in Bond County not occur during the period of April 1 to September 30. If tree-clearing during this time period cannot be avoided, AEGC shall consult with USFWS prior to tree clearing regarding the necessity of conducting mist net surveys to determine if Indiana bats are present. AEGC shall report the outcome of these consultations with the USFWS to SEA (Route B only). 52. AEGC shall coordinate with the Illinois Environmental Protection Agency to obtain any permits required from that agency (Routes A and B). [FR Doc. E6-2655 Filed 2-23-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 5452 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 5452, Corporate Report of Nondividend Distributions. DATES: Written comments should be received on or before April 25, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at *(Larnice.Mack@irs.gov)* . SUPPLEMENTARY INFORMATION: *Title:* Corporate Report of Nondividend Distributions. *OMB Number:* 1545-0205. *Form Number:* 5452. *Abstract:* Form 5452 is used by corporations to report their nontaxable distributions as required by Internal Revenue Code section 604(d)(2). The information is used by IRS to verify that the distributions are nontaxable as claimed. *Current Actions:* There are no changes being made to Form 5452 at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Responses:* 1,700. *Estimated Time per Response:* 31 hours, 51 minutes. *Estimated Total Annual Burden Hours:* 54,145. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(202)622-3179, or through the Internet at *(Larnice.Mack@irs.gov).* SUPPLEMENTARY INFORMATION: *Title:* Form 4461, Application for Approval of Master or Prototype Defined Contribution Plan; Form 4461-A, Application for Approval of Master or Prototype Defined Benefit Plan; Form 4461-B, Application for Approval of Master or Prototype Plan, Mass Submitter Adopting Sponsor. *OMB Number:* 1545-0169. *Form Number:* Forms 4461, 4461-A, and 4461-B. *Abstract:* The IRS uses these forms to determine from the information submitted whether the applicant plan qualifies under section 401(a) of the Internal Revenue Code for plan approval. The application is also used to determine if the related trust qualifies for tax exempt status under Code section 501(a). *Current Actions:* There are no changes being made to these forms at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Responses:* 5,250. *Estimated Number of Respondent:* 20 hours, 49 minutes. *Estimated Total Annual Burden Hours:* 109,298. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request For Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(202)622-3179, or through the Internet at ( *Larnice.Mack@irs.gov* ). SUPPLEMENTARY INFORMATION: *Title:* Certain Transfers of Domestic Stock or Securities by U.S. Persons to Foreign Corporations. *OMB Number:* 1545-1684. *Regulation Project Number:* Revenue Procedure 2001-22. *Abstract:* Revenue Procedure 2001-22 describes a program under which certain large business taxpayers may request examination and resolution of specific issues relating to tax returns. The resolution of such issues under the program will be memorialized by a type of closing agreement under Code section 7121 called a pre-filing agreement. *Current Actions:* There are no changes being made to the revenue procedure at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents/Recordkeepers:* 225. *Estimated Time Per Response:* 45 hours, 20 minutes. *Estimated Total Annual Burden Hours:* 10,200. The following paragraph applies to all the collections of information covered by this notice. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: February 16, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6-2600 Filed 2-23-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8725 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8725, Excise Tax on Greenmail. DATES: Written comments should be received on or before April 25, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at *(Larnice.Mack@irs.gov).* SUPPLEMENTARY INFORMATION: *Title:* Excise Tax on Greenmail. *OMB Number:* 1545-1086. *Form Number:* 8725. *Abstract:* Form 8725 is used by persons who receive “greenmail” to compute and pay the excise tax on greenmail imposed under Internal Revenue Code section 5881. IRS uses the information to verify that the correct amount of tax has been reported. *Current Actions:* There are no changes being made to the Form 8725 at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses or other for-profit organizations. *Estimated Number of Respondents:* 12. *Estimated Time Per Response:* 7 hours, 1 minute. *Estimated Total Annual Burden Hours:* 85. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: February 14, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6-2601 Filed 2-23-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [[REG-122917-02, Previously EE-86-88, LR-279-81] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-122917-02, Statutory Options (Previously EE-86-88, LR-279-81). DATES: Written comments should be received on or before April 25, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202)622-3179, or through the Internet at *(Larnice.Mack@irs.gov)* . SUPPLEMENTARY INFORMATION: *Title:* Statutory Options. *OMB Number:* 1545-0820. *Regulation Project Number:* REG-122917-02. *Abstract:* The affected public includes corporations that transfer stock to employees after 1979 pursuant to the exercise of a statutory stock option. The corporation must furnish the employee receiving the stock with a written statement describing the transfer. The statement will assist the employee in filing their tax return. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 50,000. *Estimated Time Per Respondent:* 25 minutes. *Estimated Total Annual Burden Hours:* 16,650. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request For Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: February 16, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6-2602 Filed 2-23-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8906 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8906, Distilled Spirits Credit. DATES: Written comments should be received on or before April 25, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at ( *Larnice.Mack@irs.gov).* SUPPLEMENTARY INFORMATION: *Title:* Distilled Spirits Credit. *OMB Number:* 1545-1982. *Form Number:* 8906. *Abstract:* Form 8906 was developed to carry out the provisions of IRC section 5011(a). This section allows eligible wholesalers and persons to IRC section 5055 an income tax credit for the average cost of carrying excise tax on bottled distilled spirits. The new form provides a means for the eligible taxpayer to compute the amount of credit. *Current Actions:* There are no changes being made to Form 8906 at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Responses:* 600. *Estimated Number of Respondents:* 1 hour, 52 minutes. *Estimated Total Annual Burden Hours:* 1,116. *The following paragraph applies to all of the collections of information covered by this notice:* An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: February 15, 2006. Glenn Kirkland, IRS Reports Clearance Office. [FR Doc. E6-2603 Filed 2-23-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8281 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8281, Information Return for Publicity Offered Original Issue Discount Instructions. DATES: Written comments should be received on or before April 25, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the internet at *Larnice.Mack@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Information Return for Publicity Offered Original Issue Discount Instruments. *OMB Number:* 1545-0887. *Form Number:* 8271. *Abstract:* Internal Code section 1275(c)(2) requires the furnishing of certain information to the IRS by issuers of publicity offered debt instruments having original issue discount. Regulations section 1.1275-3 prescribes that Form 8281 shall be used for this purpose. The information on Form 8281 is used to update Publication 1212, List of Original Issue Discount Instruments. *Current Actions:* There are no changes being made to Form 5452 at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses or other for-profit organizations. *Estimated Number of Responses:* 500. *Estimated Time per Response:* 6 hours, 7 minutes. *Estimated Total Annual Burden Hours:* 3,060. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(202)622-3179, or through the Internet at ( *Larnice.Mack@irs.gov* ). SUPPLEMENTARY INFORMATION: *Title:* Special Valuation Rules. *OMB Number:* 1545-1241. *Regulation Project Number:* PS-92-90. *Abstract:* Section 2701 of the Internal Revenue Code allows various elections by family members who make gifts of common stock or partnership interests and retain senior interests in the same entity. This regulation provides guidance on how taxpayers make these elections, what information is required, and how the transfer is to be disclosed on the gift tax return (Form 709). *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 1,200. *Estimated Time Per Respondent:* 25 minutes. *Estimated Total Annual Burden Hours:* 496. *The following paragraph applies to all of the collections of information covered by this notice:* An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request For Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the collection of information;

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(IRS)Treasury. ACTION: Notice. SUMMARY: An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, March 14, 2006. FOR FURTHER INFORMATION CONTACT: Audrey Y. Jenkins at 1-888-912-1227 (toll-free), or 718-488-2085 (non toll-free). SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.

(1988)that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be held Tuesday, March 14, 2006 from 12 p.m. to 1 p.m. ET via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. For information or to confirm attendance, notification of intent to attend the meeting must be made with Audrey Y. Jenkins. Ms. Jenkins may be reached at 1-888-912-1227 or

(718)488-2085, send written comments to Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201 or post comments to the Web site: *www.improveirs.org* . Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made in advance. The agenda will include various IRS issues. Dated: February 15, 2006. Martha Curry, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E6-2606 Filed 2-23-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0265] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine an applicant's entitlement to counseling services. DATES: Written comments and recommendations on the proposed collection of information should be received on or before April 25, 2006. ADDRESSES: Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail: *irmnkess@vba.va.gov.* Please refer to “OMB Control No. 2900-0265” in any correspondence. FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at

(202)273-7079 or Fax

(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Public Law 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;

(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Application for Counseling, VA Form 28-8832. *OMB Control Number:* 2900-0265. *Type of Review:* Extension of a currently approved collection. *Abstract:* Claimants complete VA Form 28-8832 to apply for counseling services. VA provides personal counseling as well as counseling in training and career opportunities. VA uses the data collected to determine the claimant's eligibility for counseling. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 417 hours. *Estimated Average Burden Per Respondent:* 5 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* 5,000. Dated: February 9, 2006. By direction of the Secretary: Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-2581 Filed 2-23-06; 8:45 am] BILLING CODE 8320-01-P 71 37 Friday, February 24, 2006 Presidential Documents Title 3— The President Proclamation 7981 of February 22, 2006 To Modify Duty Free Treatment Under the Generalized System of Preferences By the President of the United States of America A Proclamation 1. Section 502 of the Trade Act of 1974, as amended (the “1974 Act”) (19 U.S.C. 2462), authorizes the President to designate countries as beneficiary developing countries, and to designate any beneficiary developing country as a least-developed beneficiary developing country, for purposes of the Generalized System of Preferences

(GSP)program. 2. Pursuant to section 502 of the 1974 Act, and taking into account the factors set forth in section 502(c) (19 U.S.C. 2462(c)), I have determined that the suspension pursuant to Proclamation 6123 of April 26, 1990, of preferential treatment for Liberia as a beneficiary developing country under the GSP should be ended. 3. Pursuant to section 502 of the 1974 Act, and having considered the factors set forth in sections 501 (19 U.S.C. 2461) and 502(c), I have also determined that Liberia should be desig nated as a least-developed beneficiary developing country for purposes of the GSP. 4. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule

(HTS)of the United States the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including title V and section 604 of the 1974 Act (19 U.S.C. 2461-67, 2483), do proclaim that:

(1)In order to reflect in the HTS the restoration of preferential treatment for Liberia as a beneficiary developing country under the GSP, general note 4(a) is modified by adding in alphabetical order “Liberia” to the list entitled “Independent Countries.”

(2)In order to reflect in the HTS the designation of Liberia as a least-developed beneficiary developing country under the GSP, general note 4(b)(i) is modified by adding in alphabetical order “Liberia.”

(3)The modifications to the HTS made by paragraph 1 of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after 15 days after the date of this proclamation.

(4)The modifications to the HTS made by paragraph 2 of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after 60 days after the date of this proclamation.

(5)Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of February, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. B [FR Doc. 06-1798 Filed 2-23-06; 8:45 am]

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