Notices. Notice of Intent to prepare an Environmental Impact Statement (EIS) and notice of public scoping meetings
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BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-030-06-5101-ER-K087; WYW-166510] Notice of Intent To Prepare an Environmental Impact Statement for the Overland Pass Natural Gas Liquids Pipeline in Wyoming, Colorado, and Kansas AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Intent to prepare an Environmental Impact Statement
(EIS)and notice of public scoping meetings. SUMMARY: Pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969 and in response to a Right-of-Way
(ROW)application filed by Williams Field Services Company (Williams), the Bureau of Land Management (BLM), Rawlins Field Office, announces its intention to prepare an EIS and conduct public scoping meetings. Williams proposes to construct an approximately 750-mile long, 20-inch diameter natural gas liquids
(NGL)pipeline originating at existing facilities in Opal, Wyoming, and ending at existing NGL processing facilities in Conway, Kansas. Of the 750 miles, approximately 78 miles of the pipeline would not be located near existing pipelines. DATES: This notice initiates the public scoping process. The BLM can best use public input if comments and resource information are submitted within 45 days of publication of this notice. To provide the public an opportunity to review the proposal and project information, the BLM expects to hold at least four meetings. The meetings will be conducted in an “open house” format in the evening with the BLM and project proponents available to explain project details and gather information from interested individuals or groups. BLM is proposing to host open houses in the following communities: Cheyenne and Rock Springs, Wyoming; Greeley, Colorado; and Hays, Kansas. The BLM will announce the exact dates, times, and locations for these meetings at least 15 days prior to the event. Announcements will be made by news release to the media, individual letter mailings, and posting on the BLM's Web site listed below, if it is available. ADDRESSES: Please submit written comments or resource information to the Bureau of Land Management, Montrose Field Office, Tom Hurshman, Overland Pass Pipeline Project Manager, Bureau of Land Management, 2465 South Townsend, Montrose, CO 81401. Comments or resource information may also be submitted by facsimile to
(970)240-5367. Electronic mail may be sent to: *tom_hurshman@co.blm.gov.* Please write “Overland Pass Pipeline Project” in the subject line. Documents pertinent to the ROW application may be examined at: • Bureau of Land Management, Rawlins Field Office, P.O. Box 2407, 1300 N. Third Street, Rawlins, Wyoming 82301. Telephone
(307)328-4200; or • Bureau of Land Management, Wyoming State Office, Public Room, 5353 Yellowstone Road, Cheyenne, WY 82003. Telephone
(307)775-6256. Your response is important and will be considered in the environmental analysis process. If you do respond, we will keep you informed of the decision resulting from this analysis. Please note that public comments and information submitted regarding this project, including the names, e-mail addresses, and street addresses of respondents, will be available for public review and disclosure at the Montrose and Rawlins Field Offices during regular business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday (except holidays). Individual respondents may request confidentiality. If you wish to withhold your name, e-mail address, or street address from public review or from disclosure under the Freedom of Information Act, you must state this plainly at the beginning of your written comments. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses will be made available for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: Tom Hurshman, Bureau of Land Management Project Manager, 2465 South Townsend, Montrose, CO 81401. Mr. Hurshman may also be reached at
(970)240-5345, or by sending an electronic message to: *tom_hurshman@co.blm.gov.* SUPPLEMENTARY INFORMATION: Williams has submitted an application for ROW grants across Federal lands to locate a 20-inch diameter pipeline that would be used to transport natural gas liquids from an existing facility in Opal, Wyoming, to an existing processing facility in Conway, Kansas, a length of approximately 750 miles. This proposed Overland Pass Pipeline route would traverse approximately 143.3 miles of federally-administered land in Wyoming and Colorado. In Wyoming, approximately 101.7 miles of the proposed pipeline location would cross public lands administered by three BLM Field Offices: Kemmerer, Rock Springs, and Rawlins. In addition, the proposed pipeline location crosses the following two units of the National Forest System administered by the United States Forest Service, Department of Agriculture. The proposed pipeline location includes approximately 1.2 miles of the Flaming Gorge National Recreation Area in Wyoming, and 39.7 miles of the Pawnee National Grassland north of Greeley, Colorado. No Federal lands in Kansas would be affected by this proposal. The proposed route would generally follow the I-80 corridor through southern Wyoming, mainly along the Southern Star pipeline route. The proposed route proceeds in a southeasterly direction and enters Colorado in Weld County. From the Colorado border, the route would continue southeasterly into Kansas where it would continue eastward, paralleling the Southern Star Pipeline near Bushton, Kansas. Near Bushton, it would then parallel an existing BP Amoco pipeline to Williams' processing facilities in Mitchell and Conway, Kansas. At Conway, the transported natural gas liquids will be processed and distributed through the existing transportation infrastructure to consumer markets in the Midwest and Texas Gulf Coast. Through public scoping, the BLM expects to identify various issues, potential impacts and mitigation measures, and alternatives to the proposed action. At present, the BLM has identified the following issues and concerns: Impacts to threatened, endangered, and sensitive species and their habitat; adverse impacts to visual resources; potential impacts to big game and other wildlife; land use conflicts; effect of the project on local and regional socioeconomic conditions; increased potential for introduction and spread of noxious weeds; and the ability to efficiently reclaim lands disturbed by pipeline construction or location. The BLM will analyze the proposed action and no action alternatives, as well as other possible alternatives to the proposed pipeline and access routes. Your comments concerning the pipeline project as proposed and feasible alternative locations, possible mitigation measures, and any other information relevant to proposed action are encouraged. Any persons wishing to be added to a mailing list of interested parties can call or write to BLM, as described in this notice. Additional informational meetings may be conducted throughout the process to keep the public informed of the progress of the EIS. Robert A. Bennett, State Director. [FR Doc. E6-4245 Filed 3-23-06; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ES-960-1420-BJ-TRST] Group No. 185, Minnesota Eastern States: Filing of Plat of Survey AGENCY: Bureau of Land Management, Interior. ACTION: Notice Of Filing Of Plat Of Survey; Minnesota. SUMMARY: The Bureau of Land Management
(BLM)will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calender days from the date of publication in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey. SUPPLEMENTARY INFORMATION: This survey was requested by the Bureau of Indian Affairs. The lands we surveyed are: Fifth Principal Meridian, Minnesota T. 141 N., R. 39 W. The plat of survey represents the dependent resurvey of the west boundary, and a portion of the subdivisional lines; and the survey of the subdivision of sections 4, 5, 6, 7, 8 and 30, Township 141 North, Range 39 West, of the 5th Principal Meridian, in the state of Minnesota, and was accepted September 22, 2005. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. If BLM receives a protest against this survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. Dated: March 16, 2006. Jerry L. Wahl, Chief Cadastral Surveyor. [FR Doc. E6-4282 Filed 3-23-06; 8:45 am] BILLING CODE 4310- GJ-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of extension of an information collection (1010-00143). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget
(OMB)for review and approval. The information collection request
(ICR)concerns the paperwork requirements in the regulations under 30 CFR 260, “Outer Continental Shelf Oil and Gas Leasing.” DATES: Submit written comments by May 23, 2006. ADDRESSES: You may submit comments by any of the following methods listed below. Please use the Information Collection Number 1010-0143 as an identifier in your message. • Public Connect on-line commenting system, *https://ocsconnect.mms.gov.* Follow the instructions on the Web site for submitting comments. • E-mail MMS at *rules.comments@mms.gov.* Identify with Information Collection Number 1010-0143 in the subject line. • Fax: 703-787-1093. Identify with Information Collection Number 1010-0143. • Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; Attention: Rules Process Team (RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference “Information Collection 1010-0143” in your comments. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Rules Processing Team at
(703)787-1600. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 260, Outer Continental Shelf Oil and Gas Leasing. *OMB Control Number:* 1010-0143. *Abstract:* The Outer Continental Shelf
(OCS)Lands Act, as amended (43 U.S.C. 1331 *et seq.* and 43 U.S.C. 1801 *et seq.* ), authorizes the Secretary of the Interior (Secretary) to prescribe rules and regulations to administer leasing of the OCS. Section 8(a)(1) of the OCS Lands Act provides authority for the Secretary to offer leases under a variety of bidding systems. The regulations at 30 CFR part 260 describe the bidding systems, our joint bidding requirements, and royalty suspensions for certain leases. They encourage leasing competition through the use of appropriate bidding-system alternatives and a joint bidding ban among certain large companies. Also, these regulations implement the Secretary's authority to promote leasing interest in certain areas of the OCS through automatic suspension of royalties. The Minerals Management Service
(MMS)administers this program for the Secretary. Regulations under part 260 require lessees to notify MMS of their intention to begin production. Lessees must also request confirmation of the size of the royalty-suspension volume that applies to the pre-2001 eligible lease. The MMS uses the information collected to make decisions on the shares of the royalty-suspension volume that applies to multiple pre-2001 eligible leases on the same field. The information is used to ensure royalty suspension volume is properly allocated among constituent leases in a field. Respondents may request reconsideration of an assignment of their lease that has a qualifying well to an existing field or to a newly designated field. We will use the information to reconsider and adjust, if necessary, the initial field assignment for a lease. These decisions can be contentious because a favorable field assignment can save a lessee tens of millions of dollars in royalties. However, currently pending legislation may result in the elimination of this information collection. We will protect information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552), and its implementing regulations (43 CFR part 2), and under regulations at 30 CFR parts 250, 251, and 252. No items of a sensitive nature are collected. Responses are mandatory or required to obtain or retain a benefit. *Frequency:* On occasion. *Estimated Number and Description of Respondents:* Approximately 10 of the 130 Federal OCS oil and gas lessees. *Estimated Reporting and Recordkeeping “Hour” Burden:* The currently approved annual reporting burden for this collection is 1,603 hours. The following chart details the individual components and respective hour burden estimates of this ICR. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. Citation 30 CFR 260 Reporting and recordkeeping requirement Hour burden 114(a); 124(a) Request MMS to reconsider the field assignment of a lease 400. 114(c) Notify MMS of intent to begin production; request confirmation of size of royalty-suspension volume 0.5. 124(a)(1) Submit written request to Director for reconsideration along w/Statement of Reason Exempt under 5 CFR 1320.4.* *The requirements apply during the conduct of specific investigations. *Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden:* We have identified no cost burdens for this collection. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501, *et seq.* ) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. *Comments:* Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency “ * * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * * ”. Agencies must specifically solicit comments to:
(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)enhance the quality, usefulness, and clarity of the information to be collected; and
(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. Agencies must also estimate the “non-hour cost” burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information, monitoring, and record storage facilities. You should not include estimates for equipment or services purchased:
(i)Before October 1, 1995;
(ii)to comply with requirements not associated with the information collection;
(iii)for reasons other than to provide information or keep records for the Government; or
(iv)as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our submission for OMB approval. As a result of your comments, we will make any necessary adjustments to the burden in our submission to OMB. *Public Comment Procedures:* MMS's practice is to make comments, including names and addresses of respondents, available for public review. If you wish your name and/or address to be withheld, you must state this prominently at the beginning of your comment. MMS will honor this request to the extent allowable by law; however, anonymous comments will not be considered. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz
(202)208-7744. Dated: March 14, 2006. E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. [FR Doc. E6-4319 Filed 3-23-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf
(OCS)Civil Penalties AGENCY: Minerals Management Service (MMS). ACTION: Notice summarizing OCS Civil Penalties Paid, January 1, 2005, through December 31, 2005. SUMMARY: This notice provides a listing of civil penalties paid January 1, 2005, through December 31, 2005, for violations of the OCS Lands Act (OCSLA). The goal of the MMS OCS Civil Penalties Program is to assure safe and clean operations on the OCS. Through the pursuit, assessment, and collection of civil penalties and referrals for the consideration of criminal penalties, the program is designed to encourage compliance with OCS statutes and regulations. The purpose of publishing the penalties summary is to provide information to the public on violations of special concern in OCS operations and to provide an additional incentive for safe and environmentally sound operations. FOR FURTHER INFORMATION CONTACT: Joanne McCammon (Program Coordinator), 703-787-1292. SUPPLEMENTARY INFORMATION: The Oil Pollution Act of 1990 (OPA 90) strengthened section 24 of the OCSLA Amendments of 1978. Subtitle B of OPA 90, titled “Penalties,” increased the amount of the civil penalty from a maximum of $10,000 to a maximum of $20,000 per violation for each day of noncompliance. More importantly, in cases where a failure to comply with applicable regulations constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life); property; any mineral deposit; or the marine, coastal, or human environment; OPA 90 provided the Secretary of the Interior (Secretary) with the authority to assess a civil penalty without regard to the requirement of expiration of a period of time allowed for corrective action. On August 8, 1997, (62 FR 42668), MMS published new regulations implementing the civil penalty provisions of the OCSLA. Written in “plain English,” the new question-and-answer format provides a better understanding of the OCS civil penalty process. In addition, the provisions of OPA 90 require the Secretary to adjust the maximum civil penalty to reflect any increases in the Consumer Price Index. The new rule increased the maximum civil penalty to $25,000 per violation, per day. Please note, subsequent to publishing the new regulations, MMS made several corrections and amendments, including the appeals procedures. These were published at 63 FR 42711, 8/11/98; 64 FR 9066, 2/24/99; 62 FR 9065, 2/24/99, and 64 FR 26257, 5/13/99. On November 28, 2003, (68 FR 61622), MMS published a new regulation adjusting the civil penalty assessment to comply with the Department of Labor's Consumer Price Index. The amount is now $30,000 per violation per day. Between August 18, 1990, and January 2006, MMS initiated 531 civil penalty reviews. Operators have paid 418 civil penalties for a total of $13,780,792 in fines. Seventy eight cases were dismissed; 5 cases were merged; and 30 cases are under review. On September 1, 1997, the Associate Director of Offshore Minerals Management issued a notice informing lessees and operators of Federal oil, gas, and sulphur leases on the OCS that MMS will annually publish a summary of OCS civil penalties paid. The annual summary will highlight the identity of the party, the regulation violated, and the amount paid. The following table provides a listing of the penalties paid between January 1, 2005, and December 31, 2005. Please note that the MMS published a direct final rule ((5/29/98), 63 FR 29477) that renumbers each section in 30 CFR part 250. A quarterly update of the list, along with additional information related to the renumbering of the regulations, is posted on the MMS Worldwide Web Home page, *http://www.mms.gov.* 2005 Civil/Criminal Penalties Summary, All Penalties Paid in Calendar 2005 (01/01/2005-12/31/2005) [The following acronyms are used in this table: PSL (pressure safety low); IP (intermediate pressure); ESD (emergency shutdown device); SCSSV (surface controlled subsurface safety valve); LSH (level safety high); HP (high pressure); BOP (blow out preventer); SSV (surface safety valve); PSHL (pressure safety high/low); AFFF (aqueous film forming foam); PSV (pressure safety valve); LSL (level safety low); INC (incident of non-compliance); H2S (Hydrogen Sulfide).] Operator name (contractor) and case No. Violation and date(s) Penalty paid and date paid Regulation(s) violated (30 CFR) W & T Offshore, Inc., G-1997-026 A burning operation was conducted without the issuance of a written authorization for the work and the site was not being monitored with a portable gas detector $40,000 01/18/05 12/07/96-12/07/96 250.52(b) 12/07/96-12/07/96 250.52(d)(2) Seneca Resources Corporation, G-1997-030 The SSCSV (in a landing nipple) was not tested for one testing period (tested on 11/3/94 and then on 1/23/96.) Also, the pipeline shut down valve from West Delta 32C to West Delta 32A was found defective and left in service for 17 days $85,000 10/12/05 05/23/96-05/23/96 250.124(a)(1)(ii) 05/23/96-05/23/96 250.154(b)(2) Blue Dolphin Exploration Company, (Petroleum Offshore Professional Services), G-2000-059 Tubing plugs on 8 wells not inspected for leakage within required timeframe. Electrical installations not maintained in accordance with API RP 500 & RP 14F. Crane inspection of 6/00 indicated that emergency shut down cable and boom angle indicator needed to be replaced; crane not taken out of service $24,000 09/22/05 04/02/99-10/03/00 250.804(a)(1) 10/02/99-10/03/00 250.804(a)(1) 10/04/00-10/04/00 250.114(c) 06/14/00-10/04/00 250.108 Maritech, (Petroleum Offshore Professional Services), G-2003-016 Approval was granted to install an SSCSV in lieu of an SSCSV in Satellite Well No. 1 with the condition that at the first sign of sand production the well would be shut-in immediately and the approval rescinded. Numerous occurrences of produced sand were not reported to the district and the well remained on production. The SSCSV was removed from the well and found to be damaged. It was reinstalled in the well which was not plugged or attended overnight $140,000 12/16/05 2/3/03-2/4/03 250.804(a)(1)(ii) 11/5/02-2/4/03 250.801(h)(3) Murphy Exploration & Production Company—USA, G-2004-011 The PSL for the intermediate pressure IP Separator was found in bypass $14,000 02/01/05 04/05/04-04/06/04 250.803(c)(1) Devon Louisiana Corporation, G-2004-012 The isolation valves for two ESD Stations were found in the bypassed position, rendering the two ESD stations inoperable $10,000 03/15/05 04/16/04-04/16/04 250.803(c)(1) Shell Offshore Inc., G-2004-013 The surface controlled SCSSV was found blocked out service by the hydraulic control line closed at the isolation valve on the tree $27,000 03/02/05 06/16/04-06/24/04 250.803 Forest Oil Corporation, G-2004-014 The LSH on sump tank was found bypassed at the safety system panel. The blocked out safety device was not flagged nor being monitored by personnel. Safety Device bypassed for 1 day $10,000 06/29/05 06/03/04-06/03/04 250.803(c) ExxonMobil Corporation, G-2004-016 A 4′ × 8′ section of top deck grating had been removed in order to facilitate a wireline unit removal operation. The area was not flagged or barricaded to warn personnel of the open area; and personnel working in the direct vicinity of the open hole were not wearing fall protection gear $10,000 04/19/05 04/26/04-04/26/04 33 CFR 142.42 Anadarko E&P Company LP, (Island Operators Co. Inc.), G-2004-019 The main group device selector switches for both the HP separator (MBD 1050) and the IP separator (MBD 1100) were bypassed. The end devices were not flagged, nor were they being monitored $13,500 04/12/05 05/04/04-05/04/04 250.803 05/04/04-05/04/04 250.803 Forest Oil Corporation, (Ensco Offshore Co.), G-2004-020 An accident involving an injury occurred on 04/19/04 while the crew was changing the annular rubber. The operation was not performed in a safe manner, and an employee lowered through the rotary was injured when the BOP stack shifted $30,000 01/21/05 04/19/04-04/19/04 250.107(a) Energy Partners, Ltd., G-2004-021 SCSSV for Well F-3 was blocked out of service; not flagged nor being monitored. Safety Device blocked out of service for 9 days $9,000 04/12/05 12/07/03-12/15/03 250.803(c) Forest Oil Corporation, G-2004-022 Required safety equipment (smoke and/or thermal rate of rise detectors) for both the Company Man's Office/Bunkhouse and the Galley were inoperable $64,000 04/22/05 05/29/04-06/01/04 250.803(b)(9) Apache Corporation, (Island Operators Co. Inc.), G-2004-024 Pipeline Pump PSL bypassed and a failure to report casing pressure caused by a hole in the tubing $82,000 03/02/05 03/09/04-03/09/04 250.803 09/23/03-02/13/04 250.517(c) Kerr-McGee Oil & Gas Corporation, G-2004-025 The manual relay for the SSV was pinned and tie-wrapped out of service $7,500 04/18/05 07/16/03-07/16/03 250.803 Stone Energy Corporation, (Rowan Drilling), G-2004-028 Failure to initiate prompt well control measures to control the influx of well formation fluids which entered the wellbore $20,000 05/25/05 08/08/04-08/08/04 250.107 Century Exploration New Orleans, Inc., (Island Operators Co., Inc.), G-2004-029 The AFFF had not been replaced after failing an analysis test $10,000 04/28/05 09/28/04-09/28/04 33 CFR 146.15 Forest Oil Corporation, (Baker Energy, Inc.), G-2004-030 The 150 gal AFFF Fire Boss Unit was not being maintained in an operable condition since the effectiveness of the foam was not being monitored $20,000 04/22/05 10/13/04-10/13/04 250.803(b)(8) Bois d'Arc Offshore Ltd., (Eagle Consultants), G-2004-031 The Platform was producing without an operable firewater system for 2 days $20,000 05/24/05 07/20/04-07/21/04 250.803(b)(8) Newfield Exploration Company, G-2004-032 The PSVs on Compressor Nos. 1 & 2 were isolated, rendering them inoperable; and there were no fusible loop material
(TSE)over the engine for Compressor No. 1 $40,000 07/22/05 08/18/04-08/21/04 250.803(c) 08/18/04-08/21/04 250.802(b) 08/21/04-08/21/04 250.803(c) Apache Corporation, G-2005-004 Open holes in cellar deck and +10 levels without appropriate barricade to prevent personnel from falling into the holes $15,000 07/01/05 11/09/04-11/09/04 33 CFR 142.87 Pogo Producing Company, G-2005-005 Bypassed LSL on the test separator with the upper and lower isolation valves in the closed position $10,000 09/27/05 08/05/04-08/05/04 250.803 Newfield Exploration Company, (Rowan Drilling), G-2005-006 Personnel were observed working without fall protection gear while engaged in an activity where there was a hazard of falling 10 or more feet $10,000 07/22/05 11/23/04-11/23/04 250.107 Apache Corporation, (Dolphin Service Inc.), G-2005-009 An employee fell 45 feet into the Gulf when he stepped through the open hole created by the removal of wooden boards which had been placed over the open hole to protect it $25,000 07/01/05 12/20/04-12/20/04 250.107(a) The Houston Exploration Company, (Grasso Production Management), G-2005-010 The Gas Detector Head (ASH-10) for gas compressor 802 was found inoperable due to the sensor being disconnected from the main circuit board panel. The blocked out safety device was not flagged nor being monitored by personnel. Safety Device bypassed for 1 day $10,000 11/28/05 01/03/05-01/03/05 250.803(c) Bois d'Arc Offshore Ltd., (Eagle Consultants), G-2005-011 The Burner Safety Low for the fuel to the Glycol Reboiler, EAW-921, and the Temperature safety High for the media and the stack were in by-pass. The blocked out safety devices were not flagged nor being monitored by personnel. Safety Devices bypassed for 1 day $10,000 09/15/05 03/02/05-03/02/05 250.803(c) Total Penalties Paid: 01/01/2005-12/31/2005 26 Cases: ($756,000) The purpose of publishing the penalties summary is to provide information to the public on violations of special concern in OCS operations and to provide an additional incentive for safe and environmentally sound operations. Dated: February 24, 2006. Thomas A. Readinger, Associate Director for Offshore Minerals Management. [FR Doc. E6-4303 Filed 3-23-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Upper Rio Grande Basin Water Operations Review, NM; Notice of Extension AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of extension of public comment period for thirty days. SUMMARY: Notice is hereby given that the comment period for the Draft Environmental Impact Statement
(DEIS)for the Upper Rio Grande Water Operations Review, DES-05-80, is extended an additional 30 days to April 20, 2006. DATES: The end of the public comment period, as noted in the **Federal Register** (71 FR 3323) on January 20, 2006, was March 21, 2006. The public comment period is now extended to April 20, 2006. ADDRESSES: Written comments on the DEIS should be addressed to Valda Terauds, ALB-707, Bureau of Reclamation, Albuquerque Area Office, 555 Broadway, NW., Suite 100, Albuquerque, New Mexico 87102; faxogram
(505)462-3593; e-mail: *vterauds@uc.usbr.gov.* Our practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home address from public disclosure, which we will honor to the extent allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public disclosure in their entirety. FOR FURTHER INFORMATION CONTACT: Valda Terauds, Resource Management Planner,
(505)462-3584. Dated: March 7, 2006. Roger Slater, Acting Regional Director—UC Region, Bureau of Reclamation. [FR Doc. E6-4306 Filed 3-23-06; 8:45 am] BILLING CODE 4310-MN-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on June 13, 2005, Cerilliant API Services, LLC, 811 Paloma Drive, Suite A, Round Rock, Texas 78664, made application to the Drug Enforcement Administration
(DEA)for registration as a bulk manufacturer of the basic classes of controlled substances listed in Schedule I and II; and by letter dated September 2, 2005, to modify its name to Austin Pharma, LLC. Drug Schedule Lysergic acid diethylamide
(7315)I Marihuana
(7360)I Tetrahydrocannabinois
(7370)I 3,4-Methylenedioxyamphetamine
(7400)I 3,4-Methylenedioxy-N-ethylamphetamine
(7404)I 3,4-Methylenedioxymethamphetamine
(7405)I Psilocyn
(7438)I Acetyldihydrocodeine
(9051)I Benzylmorphine
(9052)I Codeine-N-oxide
(9053)I Cyprenorphine
(9054)I Desomorphine
(9055)I Etorphine
(9056)I Codeine methylbromide
(9070)I Dihydromorphine
(9145)I Heroin
(9200)I Hydromorphinol
(9301)I Methyldihydromorphine
(9304)I Morphine methylbromide
(9305)I Morphine-N-oxide
(9307)I Alphamethadol
(9605)I Normethadone
(9635)I Amphetamine
(1100)II Methamphetamine
(1105)II Cocaine
(9041)II Codeine
(9050)II Dihydrocodeine
(9120)II Oxycodone
(9143)II Hydromorphone
(9150)II Benzoylecgonine
(9180)II Ecgonine
(9180)II Hydrocodone
(9193)II Levomethorphan
(9210)II Methadone
(9250)II Methadone intermediate
(9254)II Morphine
(9300)II Thebaine
(9333)II Levo-alphacetylmethadol
(9648)II Oxymorphone
(9652)II Poppy Straw Concentrate
(9670)II Alfentanil
(9737)II Remifentanil
(9739)II Sufentanil
(9740)II Carfentanil
(9743)II Fentanyl
(9801)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. In reference to drug code 7360 (Marihuana), the company plans to bulk manufacture cannabidiol as a synthetic intermediate. This controlled substance will be further synthesized to bulk manufacture a synthetic THC (7370). No other activity for this drug code is authorized for this registration. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail may be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative, Liaison and Policy Section (ODL); or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than May 23, 2006. Dated: March 20, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E6-4302 Filed 3-23-06; 8:45 am] BiLLiNG CODE 4410-09-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 17, 2006. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Lead in General Industry (29 CFR 1910.1025). *OMB Number:* 1218-0092. *Frequency:* On occasion; Quarterly; Semi-annually; and Annually. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Federal Government; and State, Local, or Tribal Government. *Number of Respondents:* 62,357. *Number of Annual Responses:* 4,068,503. *Estimated Time per Response:* Ranges from 1 minute to notify an employee of their right to seek a second medical opinion to 2 hours for an employee to receive a medical examination. *Total Burden Hours:* 1,242,562. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $139,869,058. *Description:* The purpose of 29 CFR 1910.1025 and its information collection requirements is to provide protection for employees from the adverse effects associated with occupational exposure to the carcinogen, lead. Employers must monitor employee exposure to lead, provide medical surveillance, train employees about the hazards of lead, and establish and maintain accurate records of employee exposure to lead. These records are used by employers, employees, physicians, and the Government to ensure that employees are not being harmed by exposure to lead. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Lead in Construction Standard (29 CFR 1926.62). *OMB Number:* 1218-0189. *Frequency:* On occasion; Quarterly; Semi-annually; and Annually. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Federal Government; and State, Local, or Tribal Government. *Number of Respondents:* 147,073. *Number of Annual Responses:* 5,782,074. *Estimated Time per Response:* Ranges from 1 minute to notify an employee of their right to seek a second medical opinion to 8 hours to develop a written compliance program. *Total Burden Hours:* 1,560,717. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $68,576,673. *Description:* 29 CFR 1926.62 requires employers to train employees about the hazards of lead, monitor employee exposure, to provide medical surveillance, and maintain accurate records of employee exposure to lead. These records are used by employers, employees, physicians and the Government to ensure that employees are not harmed by exposure to lead in the workplace. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-4271 Filed 3-23-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 17, 2006. The Department of Labor
(DOL)has submitted the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13,44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. To obtain documentation contact Ira Mills on 202-693-4122 (this is not a toll-free number) or e-mail: *Mills.Ira@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment and Training Administration (ETA). *Type of Review:* New Collection. *Title:* Generic Solicitation for Grant Applications (SGAs). *OMB Number:* 1205-0NEW. *Frequency:* On occasion and annually. *Affected Public:* State, Local or Tribal Government; Business or other for-profit; Not-for-profit institutions. *Type of Response:* Reporting. *Number of Respondents:* 50. *Annual Responses:* 5,750. *Average Response time:* 20.75 hours. *Total Annual Burden Hours:* 119,312. *Total Annualized Capital/Startup Costs:* $2,836,058. *Total Annual Costs (operating/maintaining systems or purchasing services):* 0. *Description:* Requesting approval for a generic Solicitation for Grant Application form for information collection requirements for SGAs that extend beyond what is collected on currently approved standard forms. OMB approval of this generic SGA form will assist the Department to carry out its responsibilities under the Paperwork Reduction Act by accurately accounting for the public burden associated with grant applications through promoting a common structure for reporting the information collection requirements contained in DOL's SGAs. Ira L. Mills, Departmental Clearance Officer/Team Leader. [FR Doc. E6-4273 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request March 21, 2006. The Department of Labor
(DOL)has submitted the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Mine Safety and Health Administration (MSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register.** The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Mine Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Roof Control Plans. *OMB Number:* 1219-0004. *Frequency:* On occasion. *Type of Response:* Recordkeeping and Reporting. *Affected Public:* Business or other for-profit. *Number of Respondents:* 627. *Number of Annual Responses:* 2,465. *Average Response Time:* 24 hours for new plans; 5 hours to revise a plan; and 5 minutes to plot each unplanned roof fall, rib fall, and coal rock burst on a mine map when such incidents meet the criteria specified in 30 CFR 75.223(b). *Total Annual Burden Hours:* 6,919. *Total Annualized Capital/startup Costs:* $0. *Total Annual Costs (Operating/maintaining Systems or Purchasing Services):* $4,630. *Description:* Section 302(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act) 30 U.S.C. 846, requires that a roof control plan and revisions thereof suitable to the roof conditions and mining system of each coal mine be first approved by the Secretary of Labor (Secretary) before implementation by the operator. The plan must show the type of support and spacing approved by the Secretary, and the plan must be reviewed at least every six months by the Secretary. Under 30 CFR 75.220 each mine operator shall develop and follow a roof control plan, approved by the District Manager, that is suitable to the prevailing geological conditions, and the mining system to be used at the mine. Additional measures shall be taken to protect persons if unusual hazards are encountered. Under 30 CFR 75.221, the information required to be submitted and approved in the roof control plan includes the following:
(1)The name and address of the company;
(2)the name, address, mine identification number and location of the mine;
(3)the name and title of the company official responsible for the plan;
(4)a description of the mine strata;
(5)a description and drawings of the sequence of installation and spacing of supports for each method of mining used;
(6)the maximum distance that an ATRS system is to be set beyond the last row of permanent support (if appropriate);
(7)specifications and installation procedures for liners or arches (if appropriate);
(8)drawings indicating the planned width of openings, size of pillars, method of pillar recovery, and the sequence of mining pillars;
(9)a list of all support materials required to be used in the roof, face and rib control system;
(10)the intervals at which test holds will be drilled (if appropriate); and
(11)a description of the methods to be used for the protection of persons. Under 30 CFR 75.215, the roof control plan for each longwall mining section is required to specify the methods that will be used to maintain a safe travelway out of the section through the tailgate side of the longwall and the procedures that will be followed if a ground failure prevents travel out of the section through the tailgate side of the longwall. Roof control plans are evaluated by Mine Safety and Health Administration
(MSHA)specialists on the basis of the criteria set forth in 30 CFR 75.222. The District Manager may require additional measures in plans and may approve roof control plans that do not conform to the applicable criteria in this section, provided that effective control of the roof, face, and ribs can be maintained. Under 30 CFR 75.223, a mine operator is required to propose revisions to the roof control plan when conditions indicate that the plan is not suitable for controlling the roof, face, ribs, or coal or rock bursts, or when accident and injury experience at the mine indicates the plan is inadequate. Mine operators are also required to plot on a mine map each unplanned roof or rib fall and coal or rock burst that occurs in the active workings when certain criteria are met. The regulation also requires MSHA to review the plan every 6 months. Roof Control plans provide the means to instruct miners, who install roof supports, in the proper use and placement of roof supports. The plan also provides a reference for mine supervisors to ensure that the mine is in compliance with the MSHA regulations relating to roof control. Roof control plans are evaluated by MSHA personnel to assure that mine operators have complied with the regulatory provisions outlined in 30 CFR 75.202 through 75.214. MSHA inspectors also refer to the plans when they are conducting safety and health inspections at the mines. Approved roof control plans from the different MSHA coal mine safety and health districts are reviewed by MSHA roof control specialists to determine compliance with the regulations and to evaluate the roof and rib support methods used to provide a safe working environment. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-4275 Filed 3-23-06; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,515] Ablest Staffing Services Working On-Site at Wellington Leisure Products, Granite Quarry, NC; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Ablest Staffing Services, Working On-Site at Wellington Leisure Products, Granite Quarry, North Carolina. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. TA-W-58,515; Ablest Staffing Services, Working On-Site at Wellington Leisure Products Granite Quarry, North Carolina, (March 16, 2006). Signed at Washington, DC this 17th day of February 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4285 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,406] Adobe Air, Inc., Phoenix, AZ; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Adobe Air, Inc., Phoenix, Arizona. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. TA-W-58,406; Adobe Air, Inc., Phoenix, Arizona (March 13, 2006.) Signed at Washington, DC this 14th day of March 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4283 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,663] Classic Print Products, Inc., Burlington, NC; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Classic Print Products, Inc., Burlington, North Carolina. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. TA-W-58,663; Classic Print Products, Inc., Burlington, North Carolina (March 16, 2006). Signed at Washington, DC this 17th day of February 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4287 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,794] Cognis Corporation Cincinnati, OH; Notice of Negative Determination on Reconsideration On November 29, 2005, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Cognis Corporation, Cincinnati, Ohio. The Department's Notice was published in the **Federal Register** on March 2, 2006 (71 FR 10708). The negative determination was based on the findings that there was no shift of specialty chemical production abroad by the subject firm and no increased imports of specialty chemicals during the relevant period. Workers produce specialty chemicals, including fatty acids, glycerin, and ozone acids, and are not separately identifiable by product line. In the request for reconsideration, the United Steelworkers of America, Local 14340, asserted that workers produced “certain oleo chemical products and fatty alcohol products which are sold to other companies for use as ingredients or additives in those companies' products such as cosmetics, soaps, tires, and paints.” The Union also asserted that increased imports of articles like or directly competitive with those produced by the subject firm had contributed to the workers' separations. During the reconsideration investigation, the Department contacted the Union and the subject company to ascertain what product was made by the worker group and the reason(s) for the worker separations. The product at issue are APG surfactants. According to the Union and the company official, a major customer reformulated its product to use a blend of chemicals that has the same effect as the chemical purchased from the subject firm, alkyl polyglycoside
(APG)surfactants, and, as a result, ceased purchasing APG surfactants from the subject firm. APG surfactants are used commercially in cleaning products. During the reconsideration investigation, the Department collected sales, production, and import data from the subject company regarding APG surfactants and conducted a survey of the major declining customer regarding its purchases of APG surfactants during 2003, 2004, January through August 2004, and January through August 2005. A careful review of the information provided by the subject company revealed reduced production of APG surfactants, no increased imports of APG surfactants, and no shift of APG surfactants production abroad during the relevant period. According to the customer, there is no one chemical which is like or directly competitive with APG surfactants because of its specific characteristics. The survey result revealed that the customer did not have any import purchases of APG surfactants during the relevant period. Conclusion After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Cognis Corporation, Cincinnati, Ohio. Signed at Washington, DC this 14th day of March 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4297 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 3, 2006. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 3, 2006. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC this 15th day of February 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. Appendix-54 TAA [Petitions instituted between 2/27/06 and 3/3/06] TA-W Subject firm (petitioners) Location Date of institution Date of petition 58911 IBM (State) San Jose, CA 02/27/06 02/06/06 58912 Boeing Company
(The)(Union) Melbourne, AR 02/27/06 02/24/06 58913 Centurty Furniture (State) Hickory, NC 02/27/06 02/24/06 58914 Powertrain Controls Division
(Comp)Marshall, MI 02/27/06 02/24/06 58915 Alba Health, LLC (State) Knoxville, TN 02/27/06 02/24/06 58916 Sony Electronics
(Comp)San Diego, CA 02/27/06 02/15/06 58917 Mid-South Electronics
(Comp)Annville, KY 02/27/06 02/20/06 58918 Perlos, Inc.
(Comp)Ft. Worth, TX 02/27/06 02/23/06 58919 Western Textile Products Company
(Comp)Piedmont, SC 03/01/06 02/28/06 58920 Rutgers Organics Corporation
(Comp)State College, PA 03/01/06 02/28/06 58921 Tawas Resources
(Comp)Tawas City, MI 03/01/06 02/28/06 58922 Radici Fabrics USA (State) Fall River, MA 03/01/06 02/14/06 58923 Thermo Black Clawson, Inc. (State) Rayville, LA 03/01/06 02/27/06 58924 Miller Desk, Inc.
(Comp)High Point, NC 03/01/06 02/03/06 58925 Eaton Corporation
(Comp)Everett, WA 03/01/06 02/14/06 58926 Triangle Suspension Systems
(Wkrs)Dubois, PA 03/01/06 02/27/06 58927 Magna Art Industries
(Wkrs)Cape Girardeau, MO 03/01/06 02/20/06 58928 ITT Jabsco Worldwide-Flojet
(Comp)Foothill Ranch, CA 03/01/06 02/27/06 58929 Milprint
(USW)Denmark, WI 03/01/06 02/27/06 58930 CTB McGraw Hill (State) Monterey, CA 03/01/06 02/27/06 58931 Johnson Electric Automotive
(Wkrs)Brownsville, TX 03/01/06 02/28/06 58932 Craft-Co Enterprises, Inc.
(Comp)Morton, MS 03/01/06 02/28/06 58933 Delta Airlines, Inc.
(Wkrs)Portland, OR 03/01/06 02/09/06 58934 Codi, Inc.
(Comp)Pillow, PA 03/01/06 02/27/06 58935 Wormser Company
(Comp)Sharon, TN 03/01/06 02/28/06 58936 Newark Graphicboard Products (State) Franklin, OH 03/01/06 02/28/06 58937 Rexam
(Comp)North Versailles, PA 03/01/06 02/28/06 58938 Crenshaw Die and Mfg. Corporation (State) Irvine, CA 03/01/06 02/28/06 58939 Kmart
(Wkrs)Rainbow City, AL 03/01/06 02/28/06 58940 National Envelope
(Wkrs)Earth City, MO 03/01/06 02/27/06 58941 Delphi Connectin Systems
(Comp)Irvine, CA 03/01/06 02/27/06 58942 Holmes Group
(Wkrs)Sedalia, MO 03/01/06 03/01/06 58943 Rexnord Corp. Disc Coupling Operation (Union) Warren, PA 03/02/06 02/27/06 58944 Airfoil Technologies International (Union) Mentor, OH 03/02/06 02/20/06 58945 Kramer Air Tool (State) Lansing, MI 03/02/06 02/16/06 58946 Fibre-Metal Products Co.
(Comp)Concordville, PA 03/02/06 02/20/06 58947 Rantoul Products
(IBT)Rantoul, IL 03/02/06 03/01/06 58948 Carolina Mills, Inc.
(Comp)Newton, NC 03/02/06 03/01/06 58949 WWG (State) Warrenton, GA 03/02/06 03/02/06 58950 Atlantic Luggage Company
(Comp)Ellwood City, PA 03/03/06 03/02/06 58951 Delta Airlines, Inc.
(Wkrs)Atlanta, GA 03/03/06 02/23/06 58952 Bartlett Corporation
(Comp)Muncie, IN 03/03/06 03/02/06 58953 Eagle Ottawa, LLC (State) Rochester Hills, MI 03/03/06 03/02/06 58954 Kidde Residential and Commercial
(Comp)Colorado Springs, CO 03/03/06 03/01/06 58955 Sony Magnetic Products, Inc. of America
(Comp)Dothan, AL 03/03/06 03/02/06 58956 Sony Technology Center Pittsburgh
(Wkrs)Mount Pleasant, PA 03/03/06 03/02/06 58957 Robbins, Inc.
(Comp)Ishpeming, MI 03/03/06 03/02/06 58958 Alcan Pharmaceutical Packaging and Personal Care, Inc.
(GMP)Centralia, IL 03/03/06 02/05/06 58959 ITT HydroAir
(Comp)Brea, CA 03/03/06 03/02/06 58960 Lesaffre-Red Star Yeast
(UAW)Milwaukee, WI 03/03/06 02/28/06 58961 TDK Ferrites Corporation
(Wkrs)Shawnee, OK 03/03/06 03/02/06 58962 Colgate-Palmolive Company
(Comp)Jeffersonville, IN 03/03/06 02/28/06 58963 Huntington Foam
(Comp)Greenville, MI 03/03/06 03/03/06 58964 Reach Road Manufacturing Corp.
(Comp)Williamsport, PA 03/03/06 03/03/06 [FR Doc. E6-4307 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended, (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the periods of February-March 2006. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign county of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)Either—
(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)A loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issued a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of section 246(a)(3)(A)(ii) of the Trade Act must be met. I. Whether a significant number of workers in the workers' firm are 50 years of age or older. II. Whether the workers in the workers' firm possess skills that are not easily transferable. III. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of (a)(2)(A) (increased imports) of section 222, and section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,646; Klaussner Furniture Ind., Asheboro, NC: December 22, 2004.* *TA-W-58,655; Terumo Medical Corporation, TMC Div., Elkton, MD: January 18, 2005.* *TA-W-58,665; American Racing Equipment, Inc., Subsidiary of Platinum Equity, Rancho Dominguez, CA: August 10, 2005.* *TA-W-58,765; J.G. Garment, Bailey, NC: January 31, 2005.* *TA-W-58,824; Krueger International, Tupelo, MS: January 30, 2005.* *TA-W-58,824A; Krueger International, Pontotoc, MS: January 30, 2005.* *TA-W-58,870; National Manufacturing Co., a subsidiary of the Stanley Works, Sterling, IL: December 6, 2005.* *TA-W-58,575; Lear Corporation, Interior Systems Div., Marshall, MI: January 3, 2005.* *TA-W-58,709; Longwood Engineered Products, Inc., Norwich, CT: January 24, 2005.* *TA-W-58,734; Conflandey, Inc., Whiteville, NC: January 26, 2005.* *TA-W-58,746; U.S. Repeating Arms Co., New Haven, CT: January 30, 2005.* *TA-W-58,771; Richmond Yarns, Inc., Ellerbe, NC: January 31, 2005.* *TA-W-58,779; Moldex Corporation, Tool Shop, Meadville, PA: February 2, 2005.* *TA-W-58,761; Carm Newsome Hosiery, Inc., Fort Payne, AL: January 24, 2005.* *TA-W-58,767; Houston Hosiery Mills, Valdese, NC: January 25, 2005.* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of section 222, and section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,533; Selco, Inc., Austin, TX: December 21, 2004.* *TA-W-58,710; Tyco Electronics, Microdot Connectors Division, South Pasadena, CA: January 20, 2005.* *TA-W-58,797; TM Tool and Die, Inc., Workers at Black and Decker, Fayetteville, NC: February 2, 2005.* *TA-W-58,810; Dura Automotive Systems, North American Body and Glass, Lawrenceburg, TN: February 6, 2005.* *TA-W-58,812; Libralters Plastics, Inc., Walled Lake, MI: January 25, 2005.* *TA-W-58,826; After Six, Inc., Athens, GA: February 7, 2005.* *TA-W-58,843; Align Technology, Inc., Santa Clara, CA: February 8, 2005.* *TA-W-58,856; Ensign-Bickford Company (The), Trojan Explosives Plant, Booster, Spanish Fork, UT: February 15, 2005.* *TA-W-58,873; AstenJohnson, Inc., Forming Div., Warrendale, PA: February 20, 2005.* *TA-W-58,650; Continental AFA Dispensing Co., Forest City, NC: January 16, 2005.* *TA-W-58,751; Gerber Plumbing Fixtures LLC, Kokomo Sanitary Pottery Division, Div. of Globe Union Industrial Corp., Kokomo, IN: January 30, 2005.* The following certification has been issued. The requirement of supplier to a trade certified firm, and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-58,747; Cone Denim LLC, White Oak Division, Greensboro, NC: December 4, 2005.* *TA-W-58,753; Invista S.A.R.L, Apparel-Spandex Div., Waynesboro, VA: January 27, 2005.* *TA-W-58,656; Andrews Wire, L and P Wire Division, Andrews, SC: January 16, 2005.* The following certification has been issued. The requirement of downstream producer to a trade certified firm and section 246(a)(3)(A)(ii), and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None* . Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. *TA-W-58,723; Elliott Company, Formerly known as Elliott Turbo Machinery Co., Jeannette, PA.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (shift in production to a foreign country) have not been met. *TA-W-58,643; Collins and Aikman, Nashville, TN.* *TA-W-58,649; Mondi Packaging Akrosil LLC, formerly Thilmany Akrosil, Menasha, WI.* *TA-W-58,694; Doranco, Inc., Mansfield, MA.* *TA-W-58,706; Donaldson Company, Inc., Chillicothe, MO.* *TA-W-58,727; Hollister Incorporated, Kirksville Manufacturing Facility, Kirksville, MO.* *TA-W-58,821; Curly's Dairy/Wilcox Family Farms, Salem, OR.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-58,342; Studio Resource, Milwaukie, OR.* *TA-W-58,462; Key Plastics, Hartford City, IN.* *TA-W-58,609; American Decorative Surfaces, Inc., Dupo, IL.* *TA-W-58,663; Classic Print Products, Inc., Burlington, NC.* *TA-W-58,735; Frank Morrow Co., Providence, RI.* *TA-W-58,742; Johnson Controls, Inc., Hoover Automotive Division, Jefferson City, MO.* *TA-W-58,741; Singer Hosiery Mills, Inc., Thomasville, NC.* The investigation revealed that criteria (a)(2)(A)(I.C.) (Increased imports and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. *TA-W-58,624; Fairchild Semiconductor International, Mountain Top, PA.* The workers firm does not produce an article as required for certification under section 222 of the Trade Act of 1974. *TA-W-58,621; Murata Electronics North America, State College, PA.* *TA-W-58,635; LandAmerica Tax and Flood, a subsidiary of Land America Financial Group, Englewood, CO.* *TA-W-58,728; U.S. Security Associates, Working on-site at Techneglas, Inc., Pittston, PA.* *TA-W-58,780; Direct Source Industries, San Francisco, CA.* *TA-W-58,899; Pacific Cycle, Inc., Formerly Known as Brunswick Bicycles, Olney, IL.* The investigation revealed that criteria
(2)has not been met. The workers firm (or subdivision) is not a supplier or downstream producer to trade-affected companies. *None* . Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of section 246(a)(3)(A)(ii) of the Trade Act must be met. In the following cases, it has been determined that the requirements of section 246(a)(3)(ii) have not been met for the reasons specified. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-58,723; Elliott Company, Formerly known as Elliott Turbo Machinery Co., Jeannette, PA.* *TA-W-58,643; Collins and Aikman, Nashville, TN.* *TA-W-58,649; Mondi Packaging Akrosil LLC, formerly Thilmany Akrosil, Menasha, WI.* *TA-W-58,694; Doranco, Inc., Mansfield, MA.* *TA-W-58,706; Donaldson Company, Inc., Chillicothe, MO.* *TA-W-58,727; Hollister Incorporated, Kirksville Manufacturing Facility, Kirksville, MO.* *TA-W-58,821; Curly's Dairy/Wilcox Family Farms, Salem, OR.* *TA-W-58,342; Studio Resource, Milwaukie, OR.* *TA-W-58,462; Key Plastics, Hartford City, IN.* *TA-W-58,609; American Decorative Surfaces, Inc., Dupo, IL.* *TA-W-58,663; Classic Print Products, Inc., Burlington, NC.* *TA-W-58,735; Frank Morrow Co., Providence, RI.* *TA-W-58,742; Johnson Controls, Inc., Hoover Automotive Division, Jefferson City, MO.* *TA-W-58,624; Fairchild Semiconductor International, Mountain Top, PA.* *TA-W-58,741; Singer Hosiery Mills, Inc., Thomasville, NC.* *TA-W-58,621; Murata Electronics North America, State College, PA.* *TA-W-58,635; LandAmerica Tax and Flood, a subsidiary of LandAmerica Financial Group, Englewood, CO.* *TA-W-58,728; U.S. Security Associates, Working on-site at Techneglas, Inc., Pittston, PA.* *TA-W-58,780; Direct Source Industries, San Francisco, CA.* *TA-W-58,899; Pacific Cycle, Inc., Formerly Known as Brunswick Bicycles, Olney, IL.* The Department has determined that criterion
(1)of section 246 has not been met. Workers at the firm are 50 years of age or older. *TA-W-58,734; Conflandey, Inc., Whiteville, NC.* *TA-W-58,761; Carm Newsome Hosiery, Inc., Fort Payne, AL.* The Department has determined that criterion
(2)of section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-58,533; Selco, Inc., Austin, TX.* The Department has determined that criterion
(3)of section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None* . I hereby certify that the aforementioned determinations were issued during the month of February-March 2006. Copies of These determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: March 15, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-4308 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,039, TA-W-58,039A, TA-W-58,039B and TA-W-58,039C] Liberty Fibers Corporation (Including Employees), a Subsidiary of Silva Holdings, Inc., Lowland, TN, Charlotte, NC, Fort Mill, SC, Long Island, NY; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on October 21, 2005, applicable to workers of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc., Lowland, Tennessee. The notice was published in the **Federal Register** on November 9, 2005 (70 FR 68099). At the request of a company official and the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that worker separations have occurred involving six employees of the Lowland, Tennessee facility of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc. located in Charlotte, North Carolina, Fort Mill, South Carolina and Long Island, New York. Mr. Kermit Noble, Mr. Paul Souza, Mr. Robert Bowman, Mr. Reggie Crowell, Mr. William Martin and Mr. Ronald True provided sales and marketing support function services for the production of rayon staple fiber produced by the subject firm. Based on these findings, the Department is amending this certification to include employees of the Lowland, Tennessee facility of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc. located in Charlotte, North Carolina, Fort Mill, South Carolina, and Long Island, New York. The intent of the Department's certification is to include all workers of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc., Lowland, Tennessee who was adversely affected by increased customer imports. The amended notice applicable to TA-W-58,039 is hereby issued as follows: All workers of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc., Lowland, Tennessee (TA-W-58,039), and including employees of Liberty Fibers Corporation, a subsidiary of Silva Holdings, Inc., Lowland, Tennessee, located in Charlotte, North Carolina (TA-W-58,039A), Fort Mill, South Carolina (TA-W-58,039B), and Long Island, New York (TA-W-58,039C), who became totally or partially separated from employment on or after September 27, 2004, through October 21, 2007, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974, are also eligible to apply for alternative trade adjustment assistance under section 246 of the Trade Act of 1974. Signed at Washington, DC, this 28th day of February 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4284 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,828] Motorola, Inc., Integrated Supply Chain, Fort Worth, TX; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 10, 2006 in response to a worker petition filed by a company official on behalf of workers at Motorola, Inc., Integrated supply chain, Fort Worth, Texas. The petitioning group of workers is covered by a petition (TA-W-58,852) filed on February 16, 2006 that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC, this 6th day of March 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4289 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Mine Safety and Health Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Underground Retorts ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration
(MSHA)is soliciting comments concerning the extension of the information collection related to the 30 CFR 57.22401; Underground Retorts. DATES: Submit comments on or before May 23, 2006. ADDRESSES: Send comments to U.S. Department of Labor, Mine Safety and Health Administration, John Rowlett, Director, Management Services Division, 1100 Wilson Boulevard, Room 2134, Arlington, VA 22209-3939. Commenters are encouraged to send their comments on a computer disk, or via Internet E-mail to *Rowlett.John@dol.gov* , along with an original printed copy. Mr. Rowlett can be reached at
(202)693-9827 (voice), or
(202)693-9801 (facsimile). FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background This regulation pertains to the safety requirements to be followed by the mine operators in the use of underground retorts to extract oil from shale by heat or fire. Prior to ignition of retorts, the mine operator must submit a written plan indicating the acceptable levels of combustible gases and oxygen; specifications and location of off-gas monitoring procedures and equipment; procedures for ignition of retorts and details of area monitoring and alarm systems for hazardous gases and actions to be taken to assure safety of miners. II. Desired Focus of Comments MSHA is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. A copy of the proposed information collection request can be obtained by contacting the employee listed in the ADDRESSES section of this notice, or viewed on the Internet by accessing the MSHA home page ( *http://www.msha.gov* ) and then choosing “Statutory and Regulatory Information” and “Federal Register Documents.” III. Current Actions This request for information contains provisions whereby mine operators can maintain compliance with the regulations and assure the safety of miners where underground retorts are used. *Type of Review:* Extension. *Agency:* Mine Safety and Health Administration. *Title:* Underground Retorts. *OMB Number:* 1219-0096. *Frequency:* On Occasion. *Affected Public:* Business or other for-profit. *Respondents:* 1. *Total Burden Hours:* 160 hours. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintaining):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated at Arlington, Virginia, this 14th day of March, 2006. David L. Meyer, Director of Administration and Management. [FR Doc. E6-4277 Filed 3-23-06; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,802, TA-W-57,802A, TA-W-57,802B, TA-W-57,802C and TA-W-57,802D] Sara Lee Branded Apparel Division Office, Including Employees, Winston-Salem, NC, Located in Bristol, Norwalk, Madison, and New Canaan, CT; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility To Apply for Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and a Negative Determination Regarding Eligibility to Apply for Alternative Trade Adjustment Assistance on September 28, 2005, applicable to workers of Sara Lee Branded Apparel, Division Office, Winston-Salem, North Carolina. The notice was published in the **Federal Register** on October 31, 2005 (70 FR 62347). At the request of a company official and the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that worker separations occurred involving four employees of the Division Office, Winston-Salem, North Carolina facility of the Sara Lee Branded Apparel located in Bristol, Connecticut, Norwalk, Connecticut, Madison, Connecticut and New Canaan, Connecticut. Ms. Sharon Allen, Ms. Susan McIntyre, Mr. Michael Hoban and Ms. Vivian Scanlon provided a variety of support function services for the activities related to the production of underwear (shorts and T-shirts) produced by the subject company. Based on these findings, the Department is amending this certification to include employees of the Division Office, Winston-Salem, North Carolina facility of the Sara Lee Branded Apparel located in Bristol, Connecticut, Norwalk, Connecticut Madison, Connecticut and New Canaan, Connecticut. The intent of the Department's certification is to include all workers of Sara Lee Branded Apparel, Division Office, Winston-Salem, North Carolina who was adversely affected by increased imports. The amended notice applicable to TA-W-57,802 is hereby issued as follows: All workers of Sara Lee Branded Apparel, Division Office, Division of the Sara Lee Corporation, Winston-Salem, North Carolina (TA-W-57,802), and including employees of Sara Lee Branded Apparel, Division, Office, Winston Salem, North Carolina, located in Bristol, Connecticut (TA-W-57,802A), Norwalk, Connecticut (TA-W-57,802B), Madison, Connecticut (TA-W-57,802C) and New Canaan, Connecticut (TA-W-57,802D), who became totally or partially separated from employment on or after July 29, 2004, through September 28, 2007, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974. I further determine that all workers of Sara Lee Branded Apparel, Division of the Sara Lee Corporation, Winston-Salem, North Carolina, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 27th day of February 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4288 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,113] Unimatrix Americas, Greensboro, NC; Notice of Negative Determination on Reconsideration On February 22, 2006, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the **Federal Register** on March 2, 2006 (71 FR 10717-10718). The petition for the workers of Unimatrix Americas, Greensboro, North Carolina, engaged in production planning and sales of apparel products was denied because the petitioning workers did not produce an article within the meaning of Section 222 of the Act. The company official filed a request for reconsideration in which the petitioners contend that the Department erred in its interpretation of work performed at the subject facility as a service and further convey that workers of the subject firm supported production of an affiliated firm Unifi by “pulling through Unifi's domestically-produced yarns into domestically-manufactured garments” and “supported other unaffiliated domestic apparel manufacturing facilities.” The petitioner further states that the subject firm should be considered a downstream producer for Unifi, Inc. because it assisted Unifi, Inc. in delivering and distributing their products to garments manufacturers. The petitioner concludes that because Unimatrix promoted usage of yarn manufactured by Unifi in the production of fabric and garments done by independent companies which were contracted by Unimatrix, the workers of the subject firm should be considered in support of production of yarn at Unifi, Inc. The petitioner alleges that increased foreign competition and financial health of Unifi, Inc. had a direct negative impact on Unimatrix Americas and thus workers of the subject firm should be eligible for Trade Adjustment Assistance (TAA). A company official was contacted for clarification in regard to the nature of the work performed at the subject facility. The official stated that the petitioning group of workers at the subject firm was coordinating all sourcing activities for production of apparel done by independent contractors in Central America. The workers were responsible for “production planning and sales of domestically-produced apparel products containing fabric domestically-produced Unifi yarn.” The subject firm ordered, purchased and exported supplies and goods needed for production of garments, including purchasing of Unifi yarn and arranging its further production into fabric and garments. The workers of the subject company located different independent manufacturing contractors in Central America, monitored their production and kept customers of Unimatrix informed of all production issues and ship dates. The official stated that workers of the subject firm also coordinated importing of the goods back into the United States and handled final shipments and invoicing. The company official stated that Unimatrix served as the “middleman” between different production companies and that majority of Unimatrix' customers, who manufacture garments have moved to sourcing from abroad, thus negatively impacting the subject firm. The sophistication of the work involved is not an issue in ascertaining whether the petitioning workers are eligible for trade adjustment assistance, but rather only whether they produced an article within the meaning of section 222 of the Trade Act of 1974. The investigation on reconsideration revealed that Unimatrix Americas, Greensboro, North Carolina is affiliated with Unifi, Inc. Workers of Unifi, Inc. in Yadkinville, North Carolina and Madison, North Carolina manufacture polyester yarn and nylon. Further investigation revealed that workers of the subject firm did not support production of polyester yarn and/or nylon at these facilities but sold apparel, utilizing Unifi products. Workers of the subject firm purchased yarn from Unifi, outsourced production of fabric out of this yarn to independent companies, exported fabric to foreign companies for manufacturing of apparel and imported final products back into the United States. Providing global sourcing, production planning, sales and marketing is not considered production of an article within the meaning of Section 222 of the Trade Act. Petitioning workers do not produce an “article” within the meaning of the Trade Act of 1974. The petitioner attached a document on Unifi's Fourth Quarter Results to support the allegations. A careful review of this document revealed Unifi's decision to focus on the internal resources to support the downstream initiatives around the globe. The document clarifies that Unifi, Inc. developed internal knowledge, expertise, and relationships to drive Unifi's products to the market and as a result it will discontinue Unimatrix Americas. All functions performed by Unimatrix Americas will be utilized within Unifi because it established a new very successful business model to have a successful sourcing. The investigation on reconsideration supported the findings of the primary investigation that the petitioning group of workers did not produce an article. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Unimatrix Americas, Greensboro, North Carolina. Signed at Washington, DC, this 10th day of March, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-4294 Filed 3-23-06; 8:45 am] BILLING CODE 4510-30-P NUCLEAR REGULATORY COMMISSION [IA-05-052; ASLBP No. 06-845-01-EA] In the Matter of David Geisen; Establishment of Atomic Safety and Licensing Board Pursuant to delegation by the Commission dated December 29, 1972, published in the **Federal Register** , 37 FR 28,710 (1972), and the Commission's regulations, *see* 10 CFR 2.104, 2.202, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding: David Geisen (Enforcement Action) This proceeding concerns a request for a hearing submitted on February 23, 2006, by David Geisen in response to a January 4, 2006 NRC staff “Order Prohibiting Involvement in NRC-License Activities,” 71 FR 2571 (January 17, 2006). Under the terms of that immediately effective staff order, the staff concluded that because Mr. Geisen
(1)had knowledge of the degraded condition of the reactor pressure vessel
(RPV)head at the Davis-Besse Nuclear Power Station and the limitations experienced during RPV head inspections; and
(2)had deliberately provided materially incomplete and inaccurate information in connection with the continued operation of the Davis-Besse facility for a period prior to a February 2002 refueling outage that resulted in a significant adverse condition going uncorrected, Mr. Geisen was, among other things, prohibited for five years from engaging in NRC-licensed activities. The Board is comprised of the following administrative judges: Michael C. Farrar, Chair, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. E. Roy Hawkens, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Nicholas G. Trikouros, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.202. Issued at Rockville, Maryland, this 16th day of March 2006. G. Paul Bollwerk, III, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E6-4269 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [IA-05-053; ASLBP No. 06-846-02-EA] In the Matter of Dale L. Miller; Establishment of Atomic Safety and Licensing Board Pursuant to delegation by the Commission dated December 29, 1972, published in the **Federal Register** , 37 FR 28,710 (1972), and the Commission's regulations, *see* 10 CFR 2.104, 2.202, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding: Dale L. Miller (Enforcement Action) This proceeding concerns a request for a hearing submitted on February 23, 2006, by Dale L. Miller in response to a January 4, 2006 NRC staff “Order Prohibiting Involvement in NRC-License Activities,” 71 FR 2579 (January 17, 2006). Under the terms of that immediately effective staff order, the staff concluded that because Mr. Miller
(1)had knowledge of the degraded condition of the reactor pressure vessel
(RPV)head at the Davis-Besse Nuclear Power Station and the limitations experienced during RPV head inspections; and
(2)had deliberately provided materially incomplete and inaccurate information in connection with the continued operation of the Davis-Besse facility for a period prior to a February 2002 refueling outage that resulted in a significant adverse condition going uncorrected, Mr. Miller was, among other things, prohibited for five years from engaging in NRC-licensed activities. The Board is comprised of the following administrative judges: Michael C. Farrar, Chair, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. E. Roy Hawkens, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Nicholas G. Trikouros, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.202. Issued at Rockville, Maryland, this 16th day of March 2006. G. Paul Bollwerk, III, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E6-4272 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [IA-05-054; ASLBP No. 06-847-03-EA] In the Matter of Steven P. Moffitt; Establishment of Atomic Safety and Licensing Board Pursuant to delegation by the Commission dated December 29, 1972, published in the **Federal Register** , 37 FR 28,710 (1972), and the Commission's regulations, *see* 10 CFR 2.104, 2.202, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding: Steven P. Moffitt (Enforcement Action) This proceeding concerns a request for a hearing submitted on February 23, 2006, by Steven P. Moffitt in response to a January 4, 2006 NRC staff “Order Prohibiting Involvement in NRC-License Activities,” 71 FR 2581 (January 17, 2006). Under the terms of that immediately effective staff order, the staff concluded that because Mr. Moffitt
(1)had knowledge of the degraded condition of the reactor pressure vessel
(RPV)head at the Davis-Besse Nuclear Power Station and the limitations experienced during RPV head inspections; and
(2)had deliberately provided materially incomplete and inaccurate information in connection with the continued operation of the Davis-Besse facility for a period prior to a February 2002 refueling outage that resulted in a significant adverse condition going uncorrected, Mr. Moffitt was, among other things, prohibited for five years from engaging in NRC-licensed activities. The Board is comprised of the following administrative judges: Michael C. Farrar, Chair, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. E. Roy Hawkens, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Nicholas G. Trikouros, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 CFR 2.202. Issued at Rockville, Maryland, this 16th day of March 2006. G. Paul Bollwerk, III, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E6-4276 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on the Medical Uses of Isotopes; Renewal Notice AGENCY: U. S. Nuclear Regulatory Commission. ACTION: This notice is to announce the renewal of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) for a period of two years. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission
(NRC)has determined that the renewal of the charter for the Advisory Committee on the Medical Uses of Isotopes for the two year period commencing on March 17, 2006 is in the public interest, in connection with duties imposed on the Commission by law. This action is being taken in accordance with the Federal Advisory Committee Act, after consultation with the Committee Management Secretariat, General Services Administration. The purpose of the ACMUI is to provide advice to NRC on policy and technical issues that arise in regulating the medical use of byproduct material for diagnosis and therapy. Responsibilities include providing guidance and comments on current and proposed NRC regulations and regulatory guidance concerning medical use; evaluating certain non-routine uses of byproduct material for medical use; and evaluating training and experience of proposed authorized users. The members are involved in preliminary discussions of major issues in determining the need for changes in NRC policy and regulation to ensure the continued safe use of byproduct material. Each member provides technical assistance in his/her specific area(s) of expertise, particularly with respect to emerging technologies. Members also provide guidance as to NRC's role in relation to the responsibilities of other Federal agencies as well as of various professional organizations and boards. Members of this Committee have demonstrated professional qualifications and expertise in both scientific and non-scientific disciplines including nuclear medicine; nuclear cardiology; radiation therapy; medical physics; nuclear pharmacy; State medical regulation; patient's rights and care; health care administration; and Food and Drug Administration regulation. FOR FURTHER INFORMATION PLEASE CONTACT: Mohammad S. Saba, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; Telephone
(301)415-7608; e-mail *mss@nrc.gov.* Dated: March 17, 2006. Andrew L. Bates, Federal Advisory Committee, Management Officer. [FR Doc. E6-4286 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-05-006] In the Matter of Certain Licensees Authorized To Possess and Transfer Items Containing Radioactive Material Quantities of Concern; Order Imposing Additional Security Measures (Effective Immediately) The Licensees identified in Attachment A 1 to this Order hold licenses issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) or an Agreement State, in accordance with the Atomic Energy Act of 1954, as amended, and 10 CFR parts 30, 32, 50, 70 and 71, or equivalent Agreement State regulations. The licenses authorize them to possess and transfer items containing radioactive material quantities of concern. This Order is being issued to all such Licensees who may transport radioactive material quantities of concern under the NRC's authority to protect the common defense and security, which has not been relinquished to the Agreement States. The Orders require compliance with specific additional security measures to enhance the security for transport of certain radioactive material quantities of concern. 1 Attachment A contains sensitive unclassified information and will not be released to the public. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, utilizing large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to Licensees in order to strengthen Licensees' capabilities and readiness to respond to a potential attack on this regulated activity. The Commission has also communicated with other Federal, State and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of the current security measures. In addition, the Commission commenced a comprehensive review of its safeguards and security programs and requirements. As a result of its initial consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain security measures are required to be implemented by Licensees as prudent, interim measures to address the current threat environment in a consistent manner. Therefore, the Commission is imposing requirements, as set forth in Attachment B 2 of this Order, on all Licensees identified in Attachment A of this Order. These additional security measures, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the common defense and security continue to be adequately protected in the current threat environment. These additional security measures will remain in effect until the Commission determines otherwise. 2 Attachment B contains Safeguards Information and will not be released to the public. The Commission recognizes that Licensees may have already initiated many of the measures set forth in Attachment B to this Order in response to previously issued Safeguards and Threat Advisories or on their own. It is also recognized that some measures may not be possible or necessary for all shipments of radioactive material quantities of concern, or may need to be tailored to accommodate the Licensees' specific circumstances to achieve the intended objectives and avoid any unforeseen effect on the safe transport of radioactive material quantities of concern. Although the security measures implemented by Licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of common defense and security, in light of the continuing threat environment, the Commission concludes that the security measures must be embodied in an Order, consistent with the established regulatory framework. The Commission has determined that the security measures contained in Attachment B of this Order contain Safeguards Information and will not be released to the public as per Order entitled, “Issuance of Order Imposing Requirements for Protecting Certain Safeguards Information,” issued on November 5, 2004 and issued specifically to the Licensees identified in Attachment A to this Order on the date of this Order. To provide assurance that Licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, all licensees identified in Attachment A to this Order shall implement the requirements identified in Attachment B to this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health and safety require that this Order be immediately effective. Accordingly, pursuant to Sections 53, 63, 81, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 30, 32, 70 and 71, *It is hereby ordered, effective immediately, that all licensees identified in attachment a to this order shall comply with the following:* A. All Licensees shall, notwithstanding the provisions of any Commission or Agreement State regulation or license to the contrary, comply with the requirements described in Attachment B to this Order. The Licensees shall immediately start implementation of the requirements in Attachment B to the Order and shall complete implementation by September 6, 2006, or before the first shipment of RAMQC, whichever is sooner. This Order supercedes the additional transportation security measures prescribed in Attachment 2, Section 7.d. of the Manufacturer's and Distributor's Order issued January 12, 2004. B.1. All Licensees shall, within twenty
(20)days of the date of this Order, notify the Commission,
(1)if they are unable to comply with any of the requirements described in Attachment B,
(2)if compliance with any of the requirements is unnecessary in their specific circumstances, or
(3)if implementation of any of the requirements would cause the Licensee to be in violation of the provisions of any Commission or Agreement State regulation or its license. The notification shall provide the Licensees' justification for seeking relief from or variation of any specific requirement. 2. Any Licensee that considers that implementation of any of the requirements described in Attachment B to this Order would adversely impact the safe transport of radioactive material quantities of concern must notify the Commission, within twenty
(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment B requirement in question, or a schedule for modifying the activity to address the adverse safety condition. If neither approach is appropriate, the Licensee must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C. All Licensees shall report to the Commission when they have achieved full compliance with the requirements described in Attachment B. D. Notwithstanding any provisions of the Commission's or an Agreement State's regulations to the contrary, all measures implemented or actions taken in response to this order shall be maintained until the Commission determines otherwise. Licensee responses to Conditions B.1, B.2, and C above shall be submitted to the Document Control Desk, ATTN: Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee submittals that contain sensitive security related information shall be properly marked and handled in accordance with Licensees' Safeguards Information or Safeguards Information—Modified Handling program. The Director, Office of Nuclear Material Safety and Safeguards may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty
(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards or the Director, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, to the Office of Enforcement at the same address, to the Regional Administrator for NRC Region I, II, III, or IV, at the respective addresses specified in Appendix A to 10 CFR part 73, appropriate for the specific facility, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for a hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), the Licensee, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. *An Answer or a Request for Hearing Shall Not Stay the Immediate Effectiveness of this Order* . Dated this 10th day of March 2006. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-4279 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-04-191] In the Matter of All Licensees Who Possess Radioactive Material in Quantities of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Issued Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately) The Licensees, identified in Attachment A 1 to this Order, hold licenses issued in accordance with the Atomic Energy Act of 1954, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or an Agreement State, authorizing them to possess and transfer items containing radioactive material quantities of concern. The NRC intends to issue security Orders to these licensees in the near future. Orders will be issued to both NRC and Agreement State materials licensees who may transport radioactive material quantities of concern. The Orders will require compliance with specific Additional Security Measures to enhance the security for transport of certain radioactive material quantities of concern. The NRC will issue Orders to both NRC and Agreement State licensees under its authority to protect the common defense and security, which has not been relinquished to the Agreement States. The Commission has determined that these documents contain Safeguards Information, will not be released to the public, and must be protected from unauthorized disclosure. Therefore, the Commission is imposing the requirements, as set forth in Attachment B of this Order, so that affected Licensees can receive these documents. This Order also imposes requirements for the protection of Safeguards Information in the hands of any person, 2 whether or not a licensee of the Commission, who produces, receives, or acquires Safeguards Information. 1 Attachment A contains Official Use Only—Security Related Information and will not be released to the public. 2 Person means
(1)any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department, except that the Department shall be considered a person with respect to those facilities of the Department specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and
(2)any legal successor, representative, agent, or agency of the foregoing. The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of Safeguards Information. Section 147 of the Atomic Energy Act of 1954, as amended, grants the Commission explicit authority to “issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information * * * .” This authority extends to information concerning transfer of special nuclear material, source material, and byproduct material. Licensees and all persons who produce, receive, or acquire Safeguards Information must ensure proper handling and protection of Safeguards Information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of Safeguards Information contained in Attachment B. The Commission hereby provides notice that it intends to treat violations of the requirements contained in Attachment B applicable to the handling and unauthorized disclosure of Safeguards Information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to Safeguards Information is limited to those persons who have established the need-to-know the information, and are considered to be trustworthy and reliable. A need-to-know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient's access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. Licensees and all other persons who obtain Safeguards Information must ensure that they develop, maintain and implement strict policies and procedures for the proper handling of Safeguards Information to prevent unauthorized disclosure, in accordance with the requirements in Attachment B. All licensees must ensure that all contractors whose employees may have access to Safeguards Information either adhere to the licensee's policies and procedures on Safeguards Information or develop, maintain and implement their own acceptable policies and procedures. The licensees remain responsible for the conduct of their contractors. The policies and procedures necessary to ensure compliance with applicable requirements contained in Attachment B must address, at a minimum, the following: The general performance requirement that each person who produces, receives, or acquires Safeguards Information shall ensure that Safeguards Information is protected against unauthorized disclosure; protection of Safeguards Information at fixed sites, in use and in storage, and while in transit; correspondence containing Safeguards Information; access to Safeguards Information; preparation, marking, reproduction and destruction of documents; external transmission of documents; use of automatic data processing systems; and removal of the Safeguards Information category. In order to provide assurance that the licensees are implementing prudent measures to achieve a consistent level of protection to prohibit the unauthorized disclosure of Safeguards Information, all licensees who hold licenses issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing them to possess and who may transport items containing radioactive material quantities of concern shall implement the requirements identified in Attachment B to this Order. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachment B to this Order for handling of Safeguards Information in conjunction with current NRC license requirements or previous NRC Orders. Additional measures set forth in Attachment B should be handled and controlled in accordance with the licensee's current program for Safeguards Information. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. Accordingly, pursuant to sections 81, 147, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR part 30, 10 CFR part 32, 10 CFR part 35, and 10 CFR part 70, it is hereby ordered, effective immediately, that all licensees identified in Attachment A to this Order and all other persons who produce, receive, or acquire the additional security measures identified above (whether draft or final) or any related safeguards information shall comply with the requirements of Attachment B. The Director, Office of Nuclear Materials Safety and Safeguards, may in writing, relax or resend any of the above conditions upon demonstration by the licensee. In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty
(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in section III above shall be final twenty
(20)days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. *An answer or a request for hearing shall not stay the immediate effectiveness of this order.* Dated this 10th day of March 2006. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. Attachment A—Service List of Materials Licensees (Redacted) Attachment B—Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI-M) General Requirement Information and material that the U.S. Nuclear Regulatory Commission
(NRC)determines are Safeguards Information must be protected from unauthorized disclosure. In order to distinguish information needing modified protection requirements from the Safeguards Information for reactors and fuel cycle facilities that require a higher level of protection, the term “Safeguards Information Modified Handling” (SGI-M) is being used as the distinguishing marking for certain materials licensees. Each person who produces, receives, or acquires SGI-M shall ensure that it is protected against unauthorized disclosure. To meet this requirement, licensees and persons shall establish and maintain an information protection system that includes the measures specified below. Information protection procedures employed by state and local police forces are deemed to meet these requirements. Persons Subject to These Requirements Any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI-M is subject to the requirements (and sanctions) of this document. Firms and their employees that supply services or equipment to materials licensees would fall under this requirement, if they possess facility SGI-M. A licensee must inform contractors and suppliers of the existence of these requirements and the need for proper protection (See more under Conditions for Access). State or local police units who have access to SGI-M are also subject to these requirements. However, these organizations are deemed to have adequate information protection systems. The conditions for transfer of information to a third party, (i.e., need-to-know) would still apply to the police organization, as would sanctions for unlawful disclosure. Again, it would be prudent for licensees who have arrangements with local police to advise them of the existence of these requirements. Criminal and Civil Sanctions The Atomic Energy Act of 1954, as amended, explicitly provides that any person, “whether or not a licensee of the Commission, who violates any regulations adopted under this section shall be subject to the civil monetary penalties of section 234 of this Act.” Furthermore, willful violation of any regulation or order governing Safeguards Information is a felony subject to criminal penalties in the form of fines or imprisonment, or both. See sections 147b. and 223 of the Act. Conditions for Access Access to SGI-M beyond the initial recipients of the order will be governed by the background check requirements imposed by the order. Access to SGI-M by licensee employees, agents, or contractors must include both an appropriate need-to-know determination by the licensee, as well as a determination concerning the trustworthiness of individuals having access to the information. Employees of an organization affiliated with the licensee's company, e.g., a parent company, may be considered as employees of the licensee for access purposes. Need-to-Know Need-to-know is defined as a determination by a person having responsibility for protecting SGI-M that a proposed recipient's access to SGI-M is necessary in the performance of official, contractual, or licensee duties of employment. The recipient should be made aware that the information is SGI-M and those having access to it are subject to these requirements as well as criminal and civil sanctions for mishandling the information. Occupational Groups Dissemination of SGI-M is limited to individuals who have an established need-to-know and who are members of certain occupational groups. These occupational groups are: A. An employee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government; B. A member of a duly authorized committee of the Congress; C. The Governor of a State or his designated representative; D. A representative of the International Atomic Energy Agency
(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who has been certified by the NRC; E. A member of a state or local law enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies; F. A person to whom disclosure is ordered pursuant to Section 2.744(e) of Part 2 of part 10 of the Code of Federal Regulations; or G. State Radiation Control Program Directors (and State Homeland Security Directors) or their designees. In a generic sense, the individuals described above in
(A)through
(G)are considered to be trustworthy by virtue of their employment status. For non-governmental individuals in group
(A)above, a determination of reliability and trustworthiness is required. Discretion must be exercised in granting access to these individuals. If there is any indication that the recipient would be unwilling or unable to provide proper protection for the SGI-M, they are not authorized to receive SGI-M. Information Considered for Safeguards Information Designation Information deemed SGI-M is information the disclosure of which could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of materials or facilities subject to NRC jurisdiction. SGI-M identifies Safeguards Information which is subject to these requirements. These requirements are necessary in order to protect quantities of nuclear material significant to the health and safety of the public or common defense and security. The overall measure for consideration of SGI-M is the usefulness of the information (security or otherwise) to an adversary in planning or attempting a malevolent act. The specificity of the information increases the likelihood that it will be useful to an adversary. Protection While in Use While in use, SGI-M shall be under the control of an authorized individual. This requirement is satisfied if the SGI-M is attended by an authorized individual even though the information is in fact not constantly being used. SGI-M, therefore, within alarm stations, continuously manned guard posts or ready rooms need not be locked in file drawers or storage containers. Under certain conditions the general control exercised over security zones or areas would be considered to meet this requirement. The primary consideration is limiting access to those who have a need-to-know. Some examples would be: Alarm stations, guard posts and guard ready rooms; Engineering or drafting areas if visitors are escorted and information is not clearly visible; Plant maintenance areas if access is restricted and information is not clearly visible; and Administrative offices (e.g., central records or purchasing) if visitors are escorted and information is not clearly visible. Protection While in Storage While unattended, SGI-M shall be stored in a locked file drawer or container. Knowledge of lock combinations or access to keys protecting SGI-M shall be limited to a minimum number of personnel for operating purposes who have a “need-to-know” and are otherwise authorized access to SGI-M in accordance with these requirements. Access to lock combinations or keys shall be strictly controlled so as to prevent disclosure to an unauthorized individual. Transportation of Documents and Other Matter Documents containing SGI-M when transmitted outside an authorized place of use or storage shall be enclosed in two sealed envelopes or wrappers. The inner envelope or wrapper shall contain the name and address of the intended recipient, and be marked both sides, top and bottom with the words “Safeguards Information—Modified Handling.” The outer envelope or wrapper must be addressed to the intended recipient, must contain the address of the sender, and must not bear any markings or indication that the document contains SGI-M. SGI-M may be transported by any commercial delivery company that provides nation-wide overnight service with computer tracking features, U.S. first class, registered, express, or certified mail, or by any individual authorized access pursuant to these requirements. Within a facility, SGI-M may be transmitted using a single opaque envelope. It may also be transmitted within a facility without single or double wrapping, provided adequate measures are taken to protect the material against unauthorized disclosure. Individuals transporting SGI-M should retain the documents in their personal possession at all times or ensure that the information is appropriately wrapped and also secured to preclude compromise by an unauthorized individual. Preparation and Marking of Documents While the NRC is the sole authority for determining what specific information may be designated as “SGI-M,” originators of documents are responsible for determining whether those documents contain such information. Each document or other matter that contains SGI-M shall be marked “Safeguards Information—Modified Handling” in a conspicuous manner on the top and bottom of the first page to indicate the presence of protected information. The first page of the document must also contain
(i)the name, title, and organization of the individual authorized to make a SGI-M determination, and who has determined that the document contains SGI-M,
(ii)the date the document was originated or the determination made,
(iii)an indication that the document contains SGI-M, and
(iv)an indication that unauthorized disclosure would be subject to civil and criminal sanctions. Each additional page shall be marked in a conspicuous fashion at the top and bottom with letters denoting “Safeguards Information—Modified Handling.” In additional to the “Safeguards Information—Modified Handling” markings at the top and bottom of page, transmittal letters or memoranda which do not in themselves contain SGI-M shall be marked to indicate that attachments or enclosures contain SGI-M but that the transmittal does not (e.g., “When separated from SGI-M enclosure(s), this document is decontrolled”). In addition to the information required on the face of the document, each item of correspondence that contains SGI-M shall, by marking or other means, clearly indicate which portions (e.g., paragraphs, pages, or appendices) contain SGI-M and which do not. Portion marking is not required for physical security and safeguards contingency plans. All documents or other matter containing SGI-M in use or storage shall be marked in accordance with these requirements. A specific exception is provided for documents in the possession of contractors and agents of licensees that were produced more than one year prior to the effective date of the order. Such documents need not be marked unless they are removed from file drawers or containers. The same exception applies to old documents stored away from the facility in central files or corporation headquarters. Since information protection procedures employed by state and local police forces are deemed to meet NRC requirements, documents in the possession of these agencies need not be marked as set forth in this document. Removal From SGI-M Category Documents containing SGI-M shall be removed from the SGI-M category (decontrolled) only after the NRC determines that the information no longer meets the criteria of SGI-M. Licensees have the authority to make determinations that specific documents *which they created* no longer contain SGI-M information and may be decontrolled. Consideration must be exercised to ensure that any document decontrolled shall not disclose SGI-M in some other form or be combined with other unprotected information to disclose SGI-M. The authority to determine that a document may be decontrolled may be exercised only by, or with the permission of, the individual (or office) who made the original determination. The document shall indicate the name and organization of the individual removing the document from the SGI-M category and the date of the removal. Other persons who have the document in their possession should be notified of the decontrolling of the document. Reproduction of Matter Containing SGI-M SGI-M may be reproduced to the minimum extent necessary consistent with need without permission of the originator. Newer digital copiers which scan and retain images of documents represent a potential security concern. If the copier is retaining SGI-M information in memory, the copier cannot be connected to a network. It should also be placed in a location that is cleared and controlled for the authorized processing of SGI-M information. Different copiers have different capabilities, including some which come with features that allow the memory to be erased. Each copier would have to be examined from a physical security perspective. Use of Automatic Data Processing
(ADP)Systems SGI-M may be processed or produced on an ADP system provided that the system is assigned to the licensee's or contractor's facility and requires the use of an entry code/password for access to stored information. Licensees are encouraged to process this information in a computing environment that has adequate computer security controls in place to prevent unauthorized access to the information. An ADP system is defined here as a data processing system having the capability of long term storage of SGI-M. Word processors such as typewriters are not subject to the requirements as long as they do not transmit information off-site. (Note: if SGI-M is produced on a typewriter, the ribbon must be removed and stored in the same manner as other SGI-M information or media.) The basic objective of these restrictions is to prevent access and retrieval of stored SGI-M by unauthorized individuals, particularly from remote terminals. Specific files containing SGI-M will be password protected to preclude access by an unauthorized individual. The National Institute of Standards and Technology
(NIST)maintains a listing of all validated encryption systems at *http://csrc.nist.gov/cryptval/140-1/1401val.htm* . SGI-M files may be transmitted over a network if the file is encrypted. In such cases, the licensee will select a commercially available encryption system that NIST has validated as conforming to Federal Information Processing Standards (FIPS). SGI-M files shall be properly labeled as “Safeguards Information-Modified Handling” and saved to removable media and stored in a locked file drawer or cabinet. Telecommunications SGI-M may not be transmitted by unprotected telecommunications circuits except under emergency or extraordinary conditions. For the purpose of this requirement, emergency or extraordinary conditions are defined as any circumstances that require immediate communications in order to report, summon assistance for, or respond to a security event (or an event that has potential security significance). This restriction applies to telephone, telegraph, teletype, facsimile circuits, and to radio. Routine telephone or radio transmission between site security personnel, or between the site and local police, should be limited to message formats or codes that do not disclose facility security features or response procedures. Similarly, call-ins during transport should not disclose information useful to a potential adversary. Infrequent or non-repetitive telephone conversations regarding a physical security plan or program are permitted provided that the discussion is general in nature. Individuals should use care when discussing SGI-M at meetings or in the presence of others to insure that the conversation is not overheard by persons not authorized access. Transcripts, tapes or minutes of meetings or hearings that contain SGI-M shall be marked and protected in accordance with these requirements. Destruction Documents containing SGI-M should be destroyed when no longer needed. They may be destroyed by tearing into small pieces, burning, shredding or any other method that precludes reconstruction by means available to the public at large. Piece sizes one half inch or smaller composed of several pages or documents and thoroughly mixed would be considered completely destroyed. Standards (FIPS). SGI-M files shall be properly labeled as “Safeguards Information-Modified Handling” and saved to removable media and stored in a locked file drawer or cabinet. Attachment C—Designation Guide for Safeguards Information [FR Doc. E6-4281 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION State of Minnesota: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Minnesota AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Agreement between the NRC and the State of Minnesota. SUMMARY: This notice is announcing that on February 3, 2006, Dr. Nils J, Diaz, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and on March 2, 2006, Governor Tim Pawlenty of the State of Minnesota signed an Agreement as authorized by section 274b. of the Atomic Energy Act of 1954, as amended (Act). The Agreement provides for the Commission to discontinue its regulatory authority and for Minnesota to assume regulatory authority over the possession and use of byproduct material as defined in section 11e.(1) of the Act, source material, and special nuclear materials (in quantities not sufficient to form a critical mass). Under the Agreement, a person in Minnesota possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the **Federal Register**
(FR)and are codified in the Commission's regulations as 10 CFR part 150. The Agreement is published here as required by section 274e. of the Act. FOR FURTHER INFORMATION CONTACT: Aaron T. McCraw, Office of State and Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone
(301)415-1277; e-mail *ATM@NRC.GOV.* SUPPLEMENTARY INFORMATION: The draft Agreement was published in the FR for comment once a week for four consecutive weeks (see, e.g., 70 FR 68102, November 9, 2005) as required by the Act. The public comment period ended on December 9, 2005. The Commission received no comments. The proposed Minnesota Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission. After considering the request for an Agreement by the Governor of Minnesota, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Minnesota Department of Health, the NRC staff completed an assessment of the Minnesota program. A copy of the staff assessment was made available in the NRC's Public Document Room
(PDR)and electronically on NRC's Web site. Based on the staff's assessment, the Commission determined on January 26, 2006, that the proposed Minnesota program for control of radiation hazards is adequate to protect public health and safety, and compatible with the Commission's program. Documents may be examined, and/or copied for a fee, at the NRC's PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Documents referred to in this notice and other publicly available documents are available electronically at the NRC's Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 20th day of March, 2006. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Agreement Between the United States Nuclear Regulatory Commission and the State of Minnesota for Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the State Pursuant to Section 274 of the Atomic Energy Act of 1954, As Amended *Whereas* , The United States Nuclear Regulatory Commission (hereinafter referred to as the Commission) is authorized under section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and section 161 of the Act with respect to byproduct materials as defined in sections 11e.
(1)and
(2)of the Act, source materials, and special nuclear materials in quantities not sufficient to form a critical mass; and, *Whereas* , The Governor of the State of Minnesota is authorized under § 144.1202, Subdivision 1, Minnesota Statutes, to enter into this Agreement with the Commission; and, *Whereas* , The Governor of the State of Minnesota certified on July 6, 2004, that the State of Minnesota (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, *Whereas* , The Commission found on January 26, 2006, that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect public health and safety; and, *Whereas,* The State and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, *Whereas* , The Commission and the State recognize the desirability of the reciprocal recognition of licenses, and of the granting of limited exemptions from licensing of those materials subject to this Agreement; and, *Whereas* , This Agreement is entered into pursuant to the provisions of the Act; *Now, Therefore* , It is hereby agreed between the Commission and the Governor of the State, acting on behalf of the State, as follows: Article I Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, and 8, and section 161 of the Act with respect to the following materials: A. Byproduct materials as defined in section 11e.
(1)of the Act; B. Source materials; C. Special nuclear materials in quantities not sufficient to form a critical mass. Article II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to: A. The regulation of the construction and operation of any production or utilization facility or any uranium enrichment facility; B. The regulation of the export from or import into the United States of byproduct, source, or special nuclear materials, or of any production or utilization facility; C. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear materials waste as defined in the regulations or orders of the Commission; D. The regulation of the disposal of such other byproduct, source, or special nuclear materials as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed without a license from the Commission; E. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear materials and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission; F. The regulation of the land disposal of byproduct, source, or special nuclear materials waste received from other persons; G. The extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct material. Article III With the exception of those activities identified in Article II, paragraphs A through D, this Agreement may be amended, upon application by the State and approval by the Commission, to include one or more of the additional activities specified in Article II, paragraphs E, F and G, whereby the State may then exert regulatory authority and responsibility with respect to those activities and materials. Article IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear materials shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission. Article V This Agreement shall not affect the authority of the Commission under subsection 161b or 161i of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data, or to guard against the loss or diversion of special nuclear materials. Article VI The Commission will cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that Commission and State programs for protection against hazards of radiation will be coordinated and compatible. The State agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Commission for the regulation of materials covered by this Agreement. The State and the Commission agree to keep each other informed of proposed changes in their respective rules and regulations, and to provide each other the opportunity for early and substantive contribution to the proposed changes. The State and the Commission agree to keep each other informed of events, accidents, and licensee performance that may have generic implication or otherwise be of regulatory interest. Article VII The Commission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any other Agreement State. Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded. Article VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that
(1)such termination or suspension is required to protect public health and safety, or
(2)the State has not complied with one or more of the requirements of section 274 of the Act. The Commission may also, pursuant to section 274j of the Act, temporarily suspend all or part of this Agreement if, in the judgement of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Commission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with section 274 of the Act which requires a State program to be adequate to protect public health and safety with respect to the materials covered by this Agreement and to be compatible with the Commission's program. Article IX This Agreement shall become effective on March 31, 2006, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII. Done at Rockville, Maryland, in triplicate, this 3rd day of February, 2006. For the United States Nuclear Regulatory Commission. Nils J. Diaz, *Chairman.* Done at St. Paul, Minnesota, in triplicate, this 2nd day of March, 2006. For the State of Minnesota. Tim Pawlenty, *Governor.* [FR Doc. E6-4304 Filed 3-23-06; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33-8672; 34-53515, File No. 265-23] Advisory Committee on Smaller Public Companies AGENCY: Securities and Exchange Commission. ACTION: Notice of meeting of SEC Advisory Committee on Smaller Public Companies. The Securities and Exchange Commission Advisory Committee on Smaller Public Companies is providing notice that it will hold a public telephone conference meeting on Wednesday, April 12, 2006, at 10 a.m. Members of the public may take part in the meeting by listening to the Web cast accessible on the Commission's Web site at *http://www.sec.gov* or by calling telephone number
(800)260-0718 and using code number 823292. Persons needing special accommodations to take part because of a disability should notify the contact person listed below. The agenda for the meeting includes further consideration of the Exposure Draft of the Committee's Final Report released for public comment on February 28, 2006 available at *http://www.sec.gov/rules/other/33-8666.pdf* and published in the **Federal Register** [71 FR 11090] on March 3, 2006 available at *http://www.sec.gov/rules/other/33-8666fr.pdf* . The public is invited to submit written statements for the meeting. DATES: Written statements should be received on or before April 5, 2006. ADDRESSES: Written statements may be submitted by any of the following methods: Electronic Statements • Use the Commission's Internet submission form ( *http://www.sec.gov/info/smallbus/acspc.shtml* ); or • Send an e-mail message to *rule-comments@sec.gov* . Please include File Number 265-23 on the subject line; or Paper Statements • Send paper statements in triplicate to Nancy M. Morris, Committee Management Officer, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. 265-23. This file number should be included on the subject line if e-mail is used. To help us process and review your statement more efficiently, please use only one method. The Commission staff will post all statements on the Advisory Committee's Web site ( *http://www.sec.gov./info/smallbus/acspc.shtml* ). Statements also will be available for public inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Room 1580, Washington, DC 20549. All statements received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Kevin M. O'Neill, Special Counsel, at
(202)551-3260, Office of Small Business Policy, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-3628. SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the Federal Advisory Committee Act, 5 U.S.C.-App. 1, § 10(a), and the regulations thereunder, Gerald J. Laporte, Designated Federal Officer of the Committee, has ordered publication of this notice. Dated: March 20, 2006. Nancy M. Morris, Committee Management Officer. [FR Doc. E6-4278 Filed 3-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53521; File No. SR-Amex-2005-072] Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Approval of Proposed Rule Change and Amendment No. 1 Thereto Relating to the Listing and Trading of Shares of the iShares® Silver Trust March 20, 2006. I . Introduction On June 30, 2005, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (the “SEC” or “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to list and trade under Amex Rules 1200A *et seq.* iShares® Silver Trust shares (the “Silver Shares” or “Shares”). 3 On September 15, 2005, the Exchange submitted Amendment No. 1 to the proposed rule change. 4 The proposed rule change, as amended, was published for comment in the **Federal Register** on January 23, 2006. 5 The Commission received 255 comment letters regarding the proposed rule change. 6 On February 28, 2006, the Exchange filed a response to these comments. 7 This order approves the proposed rule change, as amended. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 iShares® is a registered trademark of Barclays Global Investors, N.A. 4 Amendment No. 1 to the proposed rule change clarifies the valuation procedure that would be used by the Bank of New York to determine the daily value of the silver contained in the iShares® Silver Trust. 5 *See* Securities Exchange Act Release No. 53130 (January 17, 2006), 71 FR 3570 (January 23, 2006) (“Notice”). 6 These comment letters are available for review on the Commission's Web site at *http://www.sec.gov/rules/sro/amex/amex2005072.shtml* . 7 *See* letter from Neal L Wolkoff, Chairman and Chief Executive Officer, Amex, to Nancy M. Morris, Secretary, Commission, dated February 28, 2006 (“Wolkoff Letter”). II. Description of Proposal In January 2005, the Exchange adopted rules for the listing and trading of “Commodity-Based Trust Shares.” 8 Commodity-Based Trust Shares (the “Commodity Shares”) are securities issued by a trust that represent investors' discrete identifiable and undivided beneficial ownership interest in the commodities deposited into the trust. Commodity Shares are a form of trust issued receipt (“TIR”) 9 that instead of holding one or more discrete securities will hold one or more physical commodities. The Exchange has listed the iShares COMEX Gold Trust 10 and trades pursuant to unlisted trading privileges (“UTP”), the streetTRACKS Gold Trust, 11 as Commodity-Based Trust Shares pursuant to Exchange Rules 1200A *et seq.* 8 *See* Securities Exchange Act Release No. 51058 (January 19, 2005), 70 FR 3749 (January 26, 2005) (approving the listing and trading of the iShares COMEX Gold Trust). 9 A Trust Issued Receipt or “TIR” is defined in Exchange Rule 1200(b) as a security
(a)that is issued by a trust that holds specified securities deposited with the trust;
(b)that, when aggregated in some specified minimum number, may be surrendered to the trust by the beneficial owner to receive the securities; and
(c)that pays beneficial owners dividends and other distributions on the deposited securities, if any are declared and paid to the trustee by an issuer of the deposited securities. Under Amex Rule 1201, the Exchange may approve for listing and trading TIRs based on one or more securities. The Exchange defines a “security” or “securities” to include stocks, bonds, options, and other interests or instruments commonly known as securities. *See* Article I, Section 3(j) of the Amex Constitution. 10 *See supra* note 8. 11 *See* Securities Exchange Act Release No. 51446 (March 29, 2005), 70 FR 17272 (April 5, 2005) (approving the UTP trading of the streetTRACKS Gold Shares). Pursuant to Amex Rule 1201A, the Exchange may approve for listing and trading Commodity Shares on an underlying commodity. 12 Accordingly, the Amex proposes to list for trading Silver Shares under Exchange Rule 1200A et. seq. 13 12 Amex Rule 1200A(b)(2) defines “commodity” as set forth in Section 1(a)(4) of the Commodity Exchange Act (“CEA”). 13 *See* applicable Amex Rules 1200A, 1201A, 1202A, 1203A, 1204A, and 1205A. The Exchange proposes to list and trade the Silver Shares, which represent beneficial ownership interests in the net assets of the iShares Silver Trust 14 (the “Silver Trust” or “Trust”) consisting primarily of silver bullion. Each Silver Share will initially correspond to 10 ounces of silver. 15 The Silver Shares will meet the initial and continued listing criteria under Amex Rule 1202A. 16 14 The Trust is not an investment company as defined in Section 3(a) of the Investment Company Act of 1940. The Silver Trust will be formed under a depositary trust agreement, among Bank of New York, as Trustee, Barclays Global Investors International, Inc. (“Barclays” or “Sponsor”), the Sponsor, all depositors, if any, and the holders of Silver Shares. 15 The amount of silver associated with each basket (and individual Silver Share) is expected to decrease over time as the Trust incurs and pays maintenance fees and other expenses. 16 The initial listing standards set forth in Amex Rule 1202A(a) provide that the Exchange establish a minimum number of TIRs required to be outstanding at the time of the commencement of trading on the Exchange. As set forth in the section “Criteria for Initial and Continued Listing,” the Exchange expects the minimum number of Silver Shares required to be outstanding at the time of trading to be 150,000. In effect, purchasing Silver Shares will provide investors a new mechanism to participate in the silver market. Information about the liquidity, depth, and pricing mechanisms of the international silver market, management and structure of the Trust, and description of the Silver Shares follows below. A. Description of the Silver Market The silver market is a global marketplace consisting of both over-the-counter (“OTC”) transactions and exchange-traded products. The OTC market generally consists of transactions in spot, forwards, options and other derivatives, while exchange-traded transactions consist of futures and options. In its filing with the Commission, Amex provided a description of the silver market. 17 17 *See* Notice, *supra* note 5. 1. The OTC Market The OTC market trades on a 24-hour continuous basis and accounts for the substantial portion of global silver trading. The London OTC market is the largest silver clearing market. The Exchange believes the period of greatest liquidity in the silver market is typically that time of day when trading in the European time zone overlaps with trading in the United States. This occurs when the OTC market trading in New York, London, Zurich and other centers coincides with futures and options trading on the Commodity Exchange, Inc. (“COMEX”). 18 This period lasts for approximately five
(5)hours 19 each New York business day, from 8:25 a.m.-1:25 p.m. Eastern Time (“ET”). 18 COMEX is a division of the New York Mercantile Exchange, Inc. (“NYMEX”) where silver futures contracts and related options are traded. The open outcry trading hours of the COMEX silver futures contract is from 8:25 a.m. to 1:25 p.m. ET Monday through Friday. NYMEX ACCESS®, an electronic trading system, is open for price discovery on COMEX silver futures contracts from 2 p.m. Monday afternoon until 8 a.m. Friday morning ET; and from 7 p.m. Sunday night until Monday morning at 8 a.m. ET. 19 Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. The OTC market has no formal structure and no open-outcry meeting place. The main centers of the OTC market are London (the largest market), New York, and Zurich. Bullion dealers have offices around the world, and most of the world's major bullion dealers are either members or associate members of the London Bullion Market Association (“LBMA”). 20 20 Further information about the LBMA may be found at *http://www.lbma.org.uk* . There are currently nine
(9)market-making members of the LBMA, five of which offer clearing services, and 51 full members. The Exchange indicates that there are no authoritative published figures for overall worldwide volume in silver trading. There are published sources that do suggest the significant size of the overall market. The LBMA publishes statistics compiled from the five
(5)members offering clearing services. 21 The Exchange notes that the monthly average daily volume figures published by the LBMA for 2004 range from, a high of 143.4 million to a low of 75.5 million troy ounces per day. Through May 2005, the monthly average daily volume has ranged from a high of 152.1 million to a low of 76.9 million. The COMEX also publishes price and volume statistics for exchange-traded transactions in contracts for the future delivery of silver (and related options). 22 21 Information regarding clearing volume estimates by the LBMA can be found at *http://www.lbma.org.uk/clearing_table.htm* . The three measures published by the LBMA are: volume, the amount of metal transferred on average each day measured in millions of troy ounces; value, measured in U.S. dollars, using the monthly average London PM fixing price; and the number of transfers, which is the average number recorded each day. The statistics exclude allocated and unallocated balance transfers where the sole purpose is for overnight credit and physical movements arranged by clearing members in locations other than London. 22 Information regarding price and average daily volume on the COMEX can be found at *http://www.nymex.com/jsp/markets.md_annual_volume.jsp* . 2. Futures Exchanges The Exchange states that the most significant silver futures exchanges are the COMEX and the Tokyo Commodity Exchange (“TOCOM”). 23 Trading on these exchanges is based on fixed delivery dates and transaction sizes for the futures and options contracts traded. Trading costs on these exchanges are negotiable. The Exchange represents that as a matter of practice, only a small percentage of the future market turnover ever comes to physical delivery of the silver represented by the contracts traded. Both COMEX and TOCUM permit trading on margin. COMEX operates through a central clearance system. TOCOM has a similar clearance system. In each case, the exchange acts as a counterparty for each member for clearing purposes. 23 There are other silver exchange markets, such as the London Metals Exchange, the Istanbul Gold Exchange, the Shanghai Gold Exchange, and the Hong Kong Chinese Gold & Silver Exchange Society. 3. Silver Market Regulation There is no direct regulation of the global OTC market in silver. However, indirect regulation of some of the overseas participants does occur. In the United Kingdom, responsibility for the regulation of financial market participants, including the major participating members of the LBMA, falls under the authority of the Financial Services Authority (“FSA”) as provided by the Financial Services and Market Act of 2000 (“FSM Act”). The Exchange states that under the FSM Act, all UK-based banks, together with other investment firms, are subject to a range of requirements, including fitness and properness, capital adequacy, liquidity, and systems and controls. The FSA is responsible for regulating investment products, including derivatives, and those who deal in investment products. Regulation of spot, commercial forwards and deposits of silver not covered by the FSM Act is provided for by The London Code of Conduct for Non-Investment Products, which was established by market participants in conjunction with the Bank of England, and is a voluntary code of conduct among market participants. The Exchange states that participants in the U.S. OTC market for silver are generally regulated by their institutional supervisors, which regulate their activities in the other markets in which they operate. For example, participating banks are regulated by the banking authorities. In the U.S., the Commodities Futures Trading Commission (“CFTC”), an independent governmental agency with the mandate to regulate commodity futures and options markets in the U.S., regulates market participants and has established rules designed to prevent market manipulation, abusive trade practices and fraud. The Exchange states that TOCOM has authority to perform financial and operational surveillance on its members' trading activities, scrutinize positions held by members and large-scale customers, and monitor price movements of futures markets by comparing them with cash and other derivative markets' prices. B. Product Description 1. Creation and Redemption Process Issuances of Silver Shares will be made only in baskets of 50,000 shares or multiples thereof (the “Basket Aggregations” or “Baskets”). 24 The Trust will issue and redeem Basket Aggregations on a continuous basis, by or through registered broker-dealers that have entered into participant agreements (each, an “Authorized Participant”) 25 with the Sponsor and the Trustee, Bank of New York (“BNY”). 26 Following issuance, the Shares will be traded on the Exchange similar to other equity securities, such as shares of the iShares COMEX Gold Trust and the streetTRACKS Gold Trust. 27 24 Initially, each Share represents 10 ounces of silver. Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. 25 An “Authorized Participant” is a person, who at the time of submitting to the Trustee an order to create or redeem one or more Baskets,
(i)is a registered broker-dealer,
(ii)is a Depository Trust Company (“DTC”) Participant or an Indirect Participant, and
(iii)has in effect a valid Authorized Participant Agreement. 26 BNY will charge a transaction fee in connection with the redemption and/or creation of Baskets. In addition, Barclays Capital, Inc., the Initial Purchaser, will purchase 150,000 shares of the Trust that compose the initial Baskets. 27 *See supra* notes 8 and 11. Basket Aggregations of Shares will be issued as an in-kind exchange for a corresponding amount of silver. The basket amount of silver, measured in ounces (the “Basket Silver Amount”) will be determined on each business day by the Trustee, BNY. 28 Authorized Participants that wish to purchase a Basket must transfer the Basket Silver Amount to the Trust in exchange for a Basket of Shares. Authorized Participants that wish to redeem a Basket of Shares will receive the Basket Silver Amount in exchange for each Basket surrendered. JP Morgan Chase Bank, N.A., London Branch (“JP Morgan Chase” or “Custodian”) will be the custodian for the Trust and responsible for safekeeping the silver. 29 28 A troy ounce, equal to 1.0971428 ounces avoirdupois, with a minimum fineness of 0.999. “Avoirdupois” is the system of weights used in the U.S. and U.K. for goods other than precious metals, gems, and drugs. In that system, a pound is 16 ounces and an ounce is 16 drams. 29 If the total value of the Trust's silver held by the Custodian exceeds $1 billion, then the Custodian will be under no obligation to accept additional silver deliveries. In such a case, the Trustee will retain an additional custodian. On each business day, BNY will make available immediately prior to the opening of trading on the Amex, the Indicative Basket Silver Amount for the creation of a Basket. 30 BNY will adjust the quantity of silver included in the Basket Silver Amount (determined shortly after 4 p.m.) to reflect sales of silver to cover expenses and any loss of deposited silver that may occur since the previous calculation. The Amex will disseminate at least every 15 seconds throughout the trading day, via the facilities of the Consolidated Tape Association (“CTA”), an amount representing on a per share basis, the current value of the Basket Silver Amount, known as the “Indicative Trust Amount.” 30 The Sponsor will also make the next day's Indicative Basket Silver Amount available on the Trust Web site ( *http://www.iShares.com* ) shortly after 4 p.m. ET each business day. The Basket Silver Amount, Indicative Basket Silver Amount, and net asset value (“NAV”) will be publicly available simultaneously to all market participants (to avoid any informational advantage) on either the Trust Web site or Amex Web site. These items will also be communicated to Authorized Participants via facsimile or electronic mail message. Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. The Shares will not be individually redeemable but will only be redeemable in Basket Aggregations. To redeem, an Authorized Participant will be required to accumulate enough Silver Shares to constitute a Basket Aggregation ( *i.e.* , 50,000 shares). An Authorized Participant redeeming a Basket Aggregation will receive the silver amount of the Basket Silver Amount announced by the Trustee. Upon the surrender of the Shares and payment of applicable Trustee's fee and any expenses, taxes or charges, BNY will deliver to the redeeming Authorized Participant the amount of silver corresponding to the redeemed Baskets. Unless otherwise requested by the Authorized Participants, silver will then be delivered to the redeeming Authorized Participants in the form of physical bars only. Silver Shares will be registered in book entry form through DTC. The Exchange states that the Basket Silver Amount necessary for the creation of a Basket will slightly diminish each day depending on the Trust's daily expense accrual. The initial Basket Silver Amount is 500,000 ounces of silver (with each Share initially representing 10 ounces of Silver). On each day that the Amex is open for regular trading, BNY will adjust the quantity of silver constituting the Basket Silver Amount as appropriate to reflect sales of silver needed for payment of the Sponsor's fee (which is similar to an expense ratio) 31 and any extraordinary expenses or liabilities not assumed by the Sponsor. BNY will determine the Basket Silver Amount for a given business day by subtracting the daily expense accrual from the previous day's total ounces of silver in the Trust and then dividing by the number of Baskets outstanding. Fractions of an ounce of silver smaller than .001 will be disregarded. 31 The Sponsor has agreed to assume the following administrative and marketing expenses incurred by the Trust: The Trustee's fee, the Custodian's fee, Amex listing fees, SEC registration fees, printing and mailing costs, audit fees and expenses and up to $100,000 per annum in legal fees and expenses. The Sponsor will also pay the costs of the Trust's organization and the initial sale of the iShares, including applicable SEC registration fees. Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. The creation/redemption process in connection with the Silver Shares is an in-kind exchange of silver for Shares, rather than an exchange of silver for cash. Except for the accrual of the Sponsor's fee or extraordinary expenses or liabilities, the process is based entirely on the delivery of silver in exchange for Shares. Thus, throughout each business day, the Exchange states that the actual number of ounces required for the Basket Silver Amount usually will not change even though the value of the Basket Silver Amount may change based on the market price of silver. 2. Determination of NAV, Basket Silver Amount, and Indicative Basket Amount Shortly after 4 p.m.
(ET)each business day, the BNY will determine the NAV of the Trust, utilizing that day's announced London silver fix price (unless the Sponsor, in consultation with the Trustee, determines that an alternative publicly available pricing benchmark more fairly represents the commercial value of the silver held by the Trust). 32 Once the value of the silver is determined, BNY will then determine an “adjusted NAV” by subtracting all accrued fees (other than the fees to be computed by reference to the value of the Trust or its assets ( *i.e.* , the Sponsor's fee)), expenses, and other liabilities of the Trust from the total value of silver and all other assets of the Trust. This adjusted NAV is then used to compute the Sponsor's fees that are calculated from the value of Trust assets. Then to determine the final NAV, BNY will subtract from the adjusted NAV the amount of accrued fees from the value of Trust assets. BNY will calculate the NAV per share by dividing the NAV by the number of Silver Shares outstanding. 32 In Amendment No. 1, Amex clarified that if there is no London silver fix price on that day, the BNY will use the most recently announced London silver fix price unless the BNY, in consultation, with the Sponsor (Barclays), determines such London silver fix price to be inappropriate. Barclays, in consultation with the BNY, may determine that an alternative publicly available pricing benchmark more fairly represents the commercial value of silver held by the Trust. In the case of a temporary disruption of the London silver fix price, the Exchange believes that it is unnecessary for a filing pursuant to Section 19(b) under the Act to be submitted to the Commission. The Exchange submits that for a temporary disruption of the London silver fix, a determination by Barclays, in consultation with the BNY, to use an alternative pricing source for silver, is appropriate. However, the Exchange represents that if the use of an alternative pricing source for the London silver fix price is more than of a temporary nature, a rule filing will be submitted pursuant to Section 19(b) of the Act. After the NAV is determined, at or about 4 p.m. each business day, BNY will then determine the Basket Silver Amount for orders placed by Authorized Participants received before 4 p.m. that day. BNY will also at the same time determine an “Indicative Basket Silver Amount” that Authorized Participants can use as an indicative amount of silver to be deposited for issuance of the Silver Shares on the next business day. Thus, although Authorized Participants place orders to purchase Silver Shares throughout the trading day, the actual Basket Silver Amount is determined at 4 p.m. or shortly thereafter. Shortly after 4 p.m. each business day, BNY and the Sponsor will disseminate the NAV for the Silver Shares, the Basket Silver Amount (for orders properly placed by 4 p.m. during the day), and the next day's Indicative Basket Silver Amount. The Basket Silver Amount, the Indicative Basket Silver Amount, and the NAV are communicated by BNY to all Authorized Participants via facsimile or electronic mail message and on the Trust's Web site at *http://www.iShares.com* . The Amex will also disclose the NAV, Basket Silver Amount, and Indicative Basket Silver Amount on its Web site. The Sponsor fee, in the absence of any extraordinary expenses and liabilities, is established at 0.50% of the net assets of the Trust. As a result, assuming there is no extraordinary movement in the intra-day market price of silver, the amount of silver by which the Basket Silver Amount will decrease each day will be predictable ( *i.e.* , 1/365 th of the net asset value of the Trust multiplied by 0.50%). Given the anticipated predictability of the daily decline in the Basket Silver Amount, as stated, BNY will disclose and disseminate the Indicative Basket Silver Amount for the next business day shortly after 4 p.m. Authorized Participants may use the Indicative Basket Silver Amount as guidance regarding the amount of silver expected to be deposited with the custodian, JP Morgan Chase, in connection with the issuance of Silver Shares on the next business day. As a result, the amount of silver required for the Basket Silver Amount is not disseminated during the trading day to correspond to changes in the value of silver as measured by spot silver prices. 33 Before 4 p.m., the Authorized Participants may use the Indicative Basket Silver Amount published by the Sponsor and BNY the day before as guidance in respect of the amount of silver that they may expect to be required to deposit. But if the Indicative Basket Silver Amount published by the Sponsor and BNY turns out to be incorrect (for example, because the Trust incurred an extraordinary expense such as legal fees in excess of the amount assumed by the Sponsor), the amount actually determined by BNY will control. 33 The Amex will disseminate via the facilities of the CTA an “Indicative Trust Value” at least every 15 seconds during the trading day that represents an indicative value for the Silver Shares based silver dealer pricing. Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on March 9, 2006. 3. Liquidity The Exchange states that the amount of the discount or premium in the trading price relative to the NAV per Share may be influenced by the non-concurrent trading hours between the major silver markets and the Amex. While the Silver Shares will trade on the Exchange until 4:15 p.m. ET, the Exchange states that liquidity in the OTC market for silver will be reduced after the close of the major world silver markets, including London, Zurich, and the COMEX. As a result, trading spreads and the resulting premium or discount on the Silver Shares may widen as a result of reduced liquidity. 34 34 As noted above in the section titled “Description of the Silver Market,” the period of greatest liquidity in the silver market is typically that time of the day when trading in the European time zones overlaps with trading in the United States, which is when OTC market trading in New York, London, Zurich, and other centers coincides with futures and options trading on the COMEX division of the NYMEX. This period lasts for approximately four hours each New York business day morning. The Exchange believes that Silver Shares will not trade at a material discount or premium to the underlying silver held by the Trust based on potential arbitrage opportunities. Due to the fact that the Shares can be created and redeemed only in Basket Aggregations, the Exchange submits that arbitrage opportunities should provide a mechanism to mitigate the effect of any premiums or discounts that may exist from time to time. If the price of the Shares deviates enough from the price of silver to create a material discount or premium, an arbitrage opportunity is created. If the Shares are inexpensive compared to the silver that underlies them, an arbitrageur may buy the Shares at a discount, immediately redeem them in exchange for silver, and sell the silver in the cash market at a profit. If the Shares are expensive compared to the silver that underlies them, an arbitrageur may sell the Shares short, buy enough silver to acquire the number of Shares sold short, acquire the Shares through the creation process, and deliver the Shares to close out the short position. In both instances, the Exchange states that the arbitrageur serves efficiently to correct price discrepancies between the Shares and the underlying silver. C. Availability of Information Regarding Silver Prices Although the spot price of silver will not be disseminated over the facilities of CTA, the last sale price for the Shares, as is the case for all equity securities traded on the Exchange will be disseminated over the CTA's Network B. In addition, the Exchange states that there is a considerable amount of silver price and market information available on public Web sites and through professional and subscription services. Investors may obtain on a 24-hour basis silver pricing information based on the spot price of an ounce of silver from various financial information service providers, such as Reuters and Bloomberg. In addition, the daily London silver fix is also disseminated by various market data vendors and is available from the LBMA's Web site. Reuters and Bloomberg provide at no charge on their Web sites delayed information regarding the spot price of silver and last sale prices of silver futures contracts and related options, as well as information about news and developments in the silver market. Reuters and Bloomberg also offer a professional service to subscribers for a fee that provides information on silver prices directly from market participants. 35 Complete real-time data for silver futures contracts and options prices traded on the COMEX (a division of the NYMEX) is available by subscription from Reuters and Bloomberg and also on a delayed basis free of charge on the NYMEX Web site at *http://www.nymex.com* . The Exchange also notes that there are a variety of other public Web sites providing information on silver, ranging from those specializing in precious metals to sites maintained by major newspapers, such as *The Wall Street Journal* . Current silver spot prices are also generally available with bid/ask spreads from silver bullion dealers. 35 In addition, EBS also provides an electronic trading platform to institutions such as bullion banks and dealers for the trading of spot silver, as well as a feed of live streaming prices to Reuters and Moneyline Telerate subscribers. EBS was launched in September 1993 by a group of the world's largest foreign exchange market making banks. The Exchange states that EBS is the pre-eminent provider of precious metals and foreign exchange trading solutions to the precious metals and interbank spot foreign exchange community. Approximately 500,000 ounces in gold, 4 million ounces in silver and $110 billion a day in spot foreign exchange transactions is traded each day over the EBS trading platform. The shareholders of EBS include the subsidiaries of the following organizations: ABN AMRO, Bank of America, Barclays, Citibank, Commerzbank, Credit Suisse First Boston, Lehman Brothers, HSBC, JPMorgan Chase, The Royal Bank of Scotland, S-E-Banken, UBS AG and the Minex Corporation of Japan. *See http://www.ebs.com* . The Amex, via a link to the Trust's Web site, will provide at no charge continuously updated bids and offers indicative of the spot price ( *i.e.* , real time information) of silver on its own public Web site at *http://www.amex.com.* 36 36 The Trust Web site's silver spot price will be provided by TheBullionDesk at *http://www.thebulliondesk.com* . The Amex will provide a link to the Trust Web site. TheBullionDesk is not affiliated with the Trust, Sponsor, Custodian or the Exchange. The silver spot price is indicative only, constructed using a variety of sources to compile a spot price that is intended to represent a theoretical quote that might be obtained from a market maker from time to time. The Trust Web site will indicate, as noted above in the discussion titled ”Availability of Information Regarding Silver Prices,” that there are other sources for obtaining the silver spot price. In the event that, during Amex trading hours, the Trust Web site should cease to provide this indicative silver spot price from an unaffiliated source and the intraday “Indicative Trust Value” of the Shares is not disseminated via the CTA, the Exchange will delist the shares. *See* “Criteria for Initial and Continued Listing,” below. D. Availability of Information Regarding Silver Shares The Web site for the Trust, which will be publicly accessible at no charge, will contain the following information:
(a)The prior business day's NAV and the reported closing price;
(b)the mid-point of the bid-ask price 37 in relation to the NAV as of the time the NAV is calculated (the “Bid-Asked Price”);
(c)calculation of the premium or discount of such price against such NAV;
(d)data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four
(4)previous calendar quarters;
(e)the Basket Silver Amount;
(f)the Indicative Basket Silver Amount:
(h)the Prospectus; and
(g)other applicable quantitative information. 37 The bid-ask price of Shares is determined using the highest bid and lowest offer as of the time of calculation of the NAV. As described above, the NAV for the Trust will be calculated and disseminated daily. The Amex also intends to disseminate for the Trust on a daily basis by means of CTA/CQ High Speed Lines information with respect to the Indicative Trust Value (as discussed below), recent NAV, and shares outstanding. As stated, the Trust Web site will also provide a real time indicative silver spot price through TheBullionDesk at *http://www.thebulliondesk.com.* 38 Notwithstanding that they will be provided free of charge, the indicative spot price from TheBullionDesk on the Trust Web site and the Indicative Trust Value per Share disseminated via the CTA will be provided essentially on a real-time basis. 39 The Exchange will also make available on its Web site daily trading volume, closing prices, NAV, and the Basket Silver Amount, and the Indicative Basket Silver Amount. The London silver fix price is readily available from the LBMA at *http://www.lbma.org.uk* , automated quotation systems, published or other public sources, or on-line information services such as Bloomberg or Reuters. In addition, the Exchange will provide a hyperlink on its Web site at *http://www.amex.com* to the Trust's Web site at *http://www.iShares.com* . 38 Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. 39 These values are subject to an average delay of 5 to 10 seconds. The Indicative Trust Value per Share will not be posted on the Trust's Web site but will be disseminated via the facilities of the CTA. Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on March 8, 2006. E. Dissemination of Indicative Trust Value As noted above, BNY calculates the NAV of the Silver Trust once each trading day. In addition, BNY causes to be made available on a daily basis the required amount of silver to be deposited in connection with the issuance of Silver Shares in Basket Aggregations. In addition, other investors can request such information directly from the BNY. In order to provide updated information relating to the Trust for use by investors, professionals, and Authorized Participants wishing to create or redeem Silver Shares, the Exchange will disseminate through the facilities of CTA an updated Indicative Trust Value (the “Indicative Trust Value”). The Indicative Trust Value will be disseminated on a per Silver Share basis at least every 15 seconds during regular Amex trading hours of 9:30 a.m. to 4:15 p.m. ET. The Indicative Trust Value will be calculated based on the amount of silver required for creations and redemptions and a price of silver derived from updated bids and offers indicative of the spot price of silver from silver dealer pricing. 40 The Indicative Trust Value on a per Silver Share basis disseminated during Amex trading hours should not be viewed as a real time update of the NAV, which is calculated only once a day. 40 *See supra* note 33. The Exchange believes that dissemination of the Indicative Trust Value based on the amount of silver required for a Basket Aggregation provides additional information that is not otherwise available to the public and is useful to professionals and investors in connection with Silver Shares trading on the Exchange or the creation or redemption of Silver Shares. In addition, the Trust's Web site at *http://www.iShares.com* will also provide from TheBullionDesk continuously updated bids and offers indicative of the spot price of silver in the OTC market for the purpose of disclosing to investors on a real-time basis the underlying or spot price of silver. G. Criteria for Initial and Continued Listing The Trust will be subject to the criteria in Amex Rules 1201A and 1202A for initial and continued listing of Silver Shares. The continued listing criteria provides for the delisting or removal from listing of the Silver Shares under any of the following circumstances: • Following the initial twelve month period from the date of commencement of trading of the Silver Shares:
(i)If the Trust has more than 60 days remaining until termination and there are fewer than 50 record and/or beneficial holders of the Silver Shares for 30 or more consecutive trading days;
(ii)if the Trust has fewer than 50,000 Silver Shares issued and outstanding; or
(iii)if the market value of all Silver Shares is less than $1,000,000. • If the value of the underlying silver is no longer calculated or available on at least a 15-second delayed basis from a source unaffiliated with the Sponsor, Trust, Custodian or the Exchange or the Exchange stops providing a hyperlink on its Web site to any such unaffiliated silver value. • The Indicative Trust Value is no longer made available on at least a 15-second delayed basis. • If such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. It is anticipated that a minimum of 150,000 Silver Shares will be required to be outstanding at the start of trading. The minimum number of shares required to be outstanding at the start of trading is comparable to requirements that have been applied to previously listed series of the iShares COMEX Gold Trust, the streetTRACKS Gold Trust, trust issues receipts and exchange-traded funds (“ETFs”). It is anticipated that the initial price of a Silver Share will be approximately $91. 41 The Exchange believes that the anticipated minimum number of Silver Shares outstanding at the start of trading is sufficient to provide adequate market liquidity and to further the Trust's objective to seek to provide a simple and cost effective means of making an investment similar to an investment in silver. 41 Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006 (updating initial price of a Silver Share that initially will represent 10 ounces of silver). The Exchange represents that it prohibits the initial and/or continued listing of any security that is not in compliance with Rule 10A-3 under the Act. 42 42 *See* The Exchange represents that Silver Shares qualifies for the exemption in Rule 10A-3(c)(7) under the Act. H. Original and Annual Listing Fees The Amex original listing fee applicable to the listing of the Silver Trust is $5,000. In addition, the annual listing fee applicable under Section 141 of the Amex Company Guide (“Company Guide”) will be based upon the year-end aggregate number of shares in all series of Silver Trusts outstanding at the end of each calendar year. I. Trading Rules Silver Shares are equity securities subject to Amex Rules governing the trading of equity securities, including, among others, rules governing priority, parity and precedence of orders, specialist responsibilities and account opening and customer suitability (Amex Rule 411). Initial equity margin requirements of 50% will apply to transactions in Silver Shares. Silver Shares will trade on the Amex until 4:15 p.m. ET each business day and will trade in a minimum price variation of $0.01 pursuant to Amex Rule 127. Trading rules pertaining to odd-lot trading in Amex equities (Amex Rule 205) will also apply. Amex Rule 154, Commentary .04(c) provides that stop and stop limit orders to buy or sell a security (other than an option, which is covered by Amex Rule 950(f) and Commentary thereto), the price of which is derivatively priced based upon another security or index of securities, may with the prior approval of a Floor Official, be elected by a quotation, as set forth in Commentary .04(c) (i-v). The Exchange has designated Silver Shares as eligible for this treatment. 43 43 *See* Securities Exchange Act Release No. 29063 (April 10, 1991), 56 FR 15652 (April 17, 1991) at note 9, regarding the Exchange's designation of equity derivative securities as eligible for such treatment under Amex Rule 154, Commentary .04(c). Silver Shares will be deemed “Eligible Securities,” as defined in Amex Rule 230, for purposes of the Intermarket Trading System Plan and therefore will be subject to the trade through provisions of Amex Rule 236, which require that Amex members avoid initiating trade-throughs for ITS securities. Specialist transactions of Silver Shares made in connection with the creation and redemption of Silver Shares will not be subject to the prohibitions of Amex Rule 190. 44 Unless exemptive or no-action relief is available, Silver Shares will be subject to the short sale rule, Rule 10a-1 and Regulation SHO under the Act. 45 If exemptive or no-action relief is provided, the Exchange will issue a notice detailing the terms of the exemption or relief. The Silver Shares will generally be subject to the Exchange's stabilization rule, Amex Rule 170, except that specialists may buy on “plus ticks” and sell on “minus ticks,” in order to bring the Silver Shares into parity with the underlying silver and/or futures price. Commentary .01 to Amex Rule 1203A sets forth this limited exception to Amex Rule 170. 44 *See* Commentary .05 to Amex Rule 190. 45 The Silver Trust has requested relief in connection with the trading of Silver Shares from the operation of the short sale rule, Rule 10a-1, and Regulation SHO under the Act. Amex Rule 1203A relating to certain specialist prohibitions addresses potential conflicts of interest in connection with acting as a specialist in the Silver Shares. Specifically, Amex Rule 1203A provides that the prohibitions in Amex Rule 175(c) apply to a specialist in the Silver Shares so that the specialist or affiliated person may not act or function as a market maker in the underlying silver, related silver futures contract or option, or any other related silver derivative. An affiliated person of the specialist, consistent with Amex Rule 193, may be afforded an exemption to act in a market making capacity, other than as a specialist in the Silver Shares on another market center, in the underlying silver, related silver futures or options, or any other related silver derivative. In particular, Amex Rule 1203A provides that an approved person of an equity specialist that has established and obtained Exchange approval for procedures restricting the flow of material, non-public market information between itself and the specialist member organization, and any member, officer, or employee associated therewith, may act in a market making capacity, other than as a specialist in the Silver Shares on another market center, in the underlying commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives. Amex Rule 1204A(a) provides that the member organization acting as specialist in Commodity-Based Trust Shares is obligated to conduct all trading in the Shares in its specialist account, subject only to the ability to have one or more investment accounts, all of which must be reported to the Exchange (see Rule 170). In addition, the member organization acting as specialist in Commodity-Based Trust Shares must file, with the Exchange, in a manner prescribed by the Exchange, and keep current a list identifying all accounts for trading the underlying physical commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, which the member organization acting as specialist may have or over which it may exercise investment discretion. No member organization acting as specialist in Commodity-Based Trust Shares shall trade in the underlying physical commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, in an account in which a member organization acting as specialist, directly or indirectly, controls trading activities, or has a direct interest in the profits or losses thereof, which has not been reported to the Exchange as required by this Rule. 46 46 Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006 (inserting discussion of Amex Rule 1204A(a)). Amex Rule 1204A(b) also ensures that specialists handling the Silver Shares provide the Exchange with all the necessary information relating to their trading in physical silver, related silver futures contracts and options thereon, or any other silver derivative. As a general matter, the Exchange has regulatory jurisdiction over its members, member organizations, and approved persons of a member organization. The Exchange also has regulatory jurisdiction over any person or entity controlling a member organization, as well as a subsidiary or affiliate of a member organization that is in the securities business. A subsidiary or affiliate of a member organization that does business only in commodities would not be subject to Exchange jurisdiction, but the Exchange could obtain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member. Amex Rule 1204A(c) also prohibits the specialist in the Silver Shares from using any material nonpublic information received from any person associated with a member or employee of such person regarding trading by such person or employee in physical silver, silver futures contracts, options on silver futures, or any other silver derivative (including the Silver Shares). 47 47 Telephone conference between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006 (inserting discussion of Amex Rule 1204A(c)). Prior to the commencement of trading, the Exchange will issue an Information Circular (described below) to members informing them of, among other things, Exchange policies regarding trading halts in Silver Shares. First, the Circular will advise that trading will be halted in the event the market volatility trading halt parameters set forth in Amex Rule 117 have been reached. Second, the Circular will advise that, in addition to the parameters set forth in Amex Rule 117, the Exchange may halt trading in Silver Shares if conditions in the underlying silver market have caused disruptions and/or lack of trading. Third, with respect to a halt in trading that is not specified above, the Exchange may also consider other relevant factors and the existence of unusual conditions or circumstances that may be detrimental to the maintenance of a fair and orderly market. The Exchange will halt trading in the Shares if the Trust Web site (to which Amex will link) ceases to provide the value of the silver updated at least every 15 seconds from a source not affiliated with the Sponsor, Trust, or the Exchange, or the Exchange ceases to provide via the CTA the Indicative Trust Value per Share updated at least every 15 seconds. 48 48 In the event such spot price of silver or Indicative Trust Value is no longer calculated or disseminated during the time the Silver Shares trade on Amex, the Exchange would immediately contact the Commission to discuss measures that may be appropriate under the circumstances. Telephone conversation between Jeffrey Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation, Commission, on January 13, 2006. J. Information Circular The Amex will distribute an Information Circular (the “Circular”) to its members in connection with the trading of Silver Shares. The Circular, will discuss the special characteristics and risks of trading this type of security. Specifically, the Circular, among other things, will discuss what the Silver Shares are, notify members and member organizations about the procedures for creation and redemption of Silver Shares in a basket, the requirement, as described below, that members and member firms deliver a prospectus to investors purchasing the Silver Shares prior to or concurrently with the confirmation of a transaction, applicable Amex rules, dissemination of information regarding the per share Indicative Trust Value, NAV, and other information pertaining to the Shares, including trading information, trading halt procedures, and applicable suitability rules. For example, in the Information Circular, members and member organizations will be informed that procedures for purchases and redemptions of Silver Shares in Basket Aggregations are described in the Prospectus and that Silver Shares are not individually redeemable but are redeemable only in Basket Aggregations or multiples thereof. Similarly, the Information Circular will advise members and member organizations, prior to commencement of trading, of the prospectus delivery requirements applicable to the Trust. The Exchange notes that investors purchasing Silver Shares directly from the Trust (by delivery of the Basket Silver Amount) will receive a prospectus. Amex members purchasing Silver Shares from the Trust for resale to investors will deliver a prospectus to such investors. The Circular will also explain that the Silver Trust is subject to various fees and expenses described in the Registration Statement and that the number of ounces of silver required to create a basket or to be delivered upon a redemption of a basket will gradually decrease over time because the Silver Shares comprising a basket will represent a decreasing amount of silver due to the sale of the Silver Trust's silver to pay Trust expenses. The Circular will also reference the fact that there is no regulated source of last sale information regarding physical silver, that the Commission has no jurisdiction over the trading of silver as a physical commodity, and that the CFTC has regulatory jurisdiction over the trading of silver futures contracts and options on silver futures contracts. The Circular will advise members of their suitability obligations with respect to recommended transactions to customers in the Silver Shares. The Exchange notes that pursuant to Amex Rule 411 (Duty to Know and Approve Customers), members and member organizations are required in connection with recommending transactions in the Silver Shares to have a reasonable basis to believe that a customer is suitable for the particular investment given reasonable inquiry concerning the customer's investment objectives, financial situation, needs, and any other information known by such member. The Circular will also discuss any relief, if granted, by the Commission or the staff from any rules under the Act. K. Surveillance The Exchange represents that its surveillance procedures applicable to trading in the proposed Silver Shares will be similar to those applicable to the iShares COMEX Gold Trust, the streetTRACKS Gold Trust, trust issued receipts, Portfolio Depository Receipts and Index Fund Shares currently trading on the Exchange. For intermarket surveillance purposes, the Exchange currently has in place an Information Sharing Agreement with the NYMEX for the purpose of providing information in connection with trading in or related to COMEX silver futures contracts. The Exchange submits that its surveillance procedures are adequate to properly monitor the trading of the Shares. Also, as noted above, the Exchange states that Amex Rule 1204A(b), which requires that the specialist handling the Silver Shares provide the Exchange with information relating to its trading in physical silver, silver futures contracts, options on silver futures, or any other silver derivative, will facilitate surveillance of specialist handling Silver Shares. III. Discussion After careful consideration, the Commission finds that the proposed rule change, as amended, is consistent with the Act 49 and the rules and regulations thereunder applicable to a national securities exchange. 50 49 15 U.S.C. 78f(b). 50 In approving this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). The Commission received a total of 255 comment letters on the Exchange's proposed rule change. Of these 255 comment letters, 248 comments supported the proposed rule change and 7 comments opposed the proposed rule change. In general, those commenters opposed to the proposed rule change argued that approval of the Silver Shares would result in serious liquidity problems in the silver market. 51 In particular, these commenters contended that the Silver Shares would negatively impact the silver market because their creation would require the holding of silver in allocated accounts, which would drain large amounts of silver from the open market and cause higher prices for silver products. 52 Furthermore, the commenters asserted that the higher silver prices caused by the creation of the Silver Shares would cause the loss of jobs specific to the silver industry. 53 51 *See* letters from Congressman J. Gresham Barrett (3rd District, SC) to Christopher Cox, Chairman, Commission, dated February 16, 2006; Paul A. Miller, Executive Director, Silver Users Association, to Nancy M. Morris, Secretary, Commission, dated February 13, 2006; John Patrick, Vice President, Fujifilm America, Inc., to Nancy M. Morris, Secretary, Commission, dated February 7, 2006; James F. Kirsch, President and Chief Executive Officer, Ferro Corporation, to Nancy M. Morris, Secretary, Commission, dated February 2, 2006; a Memorandum from the CPM Group regarding Silver Inventories, dated January 30, 2006; a Web Comment from Justin D. Reynolds, dated January 29, 2006; and a Web Comment from George Bloom, Jr., dated January 29, 2006. A Web Comment from Theodore Butler, dated February 6, 2006, made positive and negative conclusions about the proposed rule change. 52 *Id.* 53 *Id.* The Exchange responded to these comments by stating that it believes that the listing and trading of Silver Shares will make the market for silver more efficient and transparent by providing investors with an easier and more cost-effective alternative for investing in silver. The Exchange asserts that a transparent marketplace for Silver Shares will allow for a more accurate representation of the supply and demand for silver, and therefore, a more accurate market price. 54 The Exchange also disagrees with some commenters' assertions that the Trust will reduce the amount of silver in the marketplace. In this regard, the Exchange notes that, at the commencement of trading, the Exchange will require 150,000 Silver Shares to be outstanding, which will require 1.5 million ounces of silver to be deposited with the custodian of the Trust. The Exchange states that Trust assets will grow only to the extent that demand for the Silver Shares grows and that a wide variety of factors are capable of influencing supply and demand for silver. 55 54 *See* Wolkoff Letter, *supra* note 7. 55 *Id.* The Commission agrees with Amex that, like other derivative products, the Silver Shares will increase the efficiency and transparency of the market for the underlying instrument, *i.e.* , silver. In this regard, the Commission finds that the proposed rule change is in the public interest. 56 The Commission also does not believe that the Silver Shares are likely to cause serious liquidity problems in the silver market such that approval of the proposed rule change is not consistent with the Act. 57 56 15 U.S.C. 78f(b)(5). 57 15 U.S.C. 78f(b)(5). A. Surveillance The Commission also finds that the rules of the Exchange are designed to prevent fraudulent and manipulative acts and practices. 58 In its response to comment letters, the Amex represents that it has safeguards to ensure that the trading of the Silver Shares is fair and consistent with the operation of a public marketplace and the protection of investors and that surveillance procedures at the Exchange serve to deter and detect potential misconduct and manipulative acts by members and investors. 59 58 15 U.S.C. 78f(b)(5). 59 *See* Wolkoff Letter, *supra* note 7. In addition, the Exchange has an information sharing agreement with NYMEX for the purpose of providing information in connection with trading in or related to silver futures contracts. 60 Information sharing agreements with markets trading securities underlying a derivative product are an important part of a self-regulatory organization's ability to monitor for trading abuses in derivative products. Although an information sharing agreement with the OTC silver market is not possible, the Commission believes that Amex's information sharing agreement with NYMEX (of which COMEX is a division) and Exchange Rules 1203A and 1204A, create the basis for Amex to monitor for fraudulent and manipulative practices in the trading of the Silver Shares. 60 *Id.* The Exchange also represents that it will review firms that have been actively acquiring or selling Silver Shares. 61 Moreover, Amex Rule 1204A will require that the specialist handling the Silver Shares provide the Exchange with information relating to its trading in physical silver, silver futures contracts, options on silver futures, or any other silver derivative. The Commission believes these reporting and record-keeping requirements will assist the Exchange in identifying situations potentially susceptible to manipulation. Amex Rule 1204A will also prohibit the specialist in the Silver Shares from using any material nonpublic information received from any person associated with a member or employee of such person regarding trading by such person or employee in physical silver, silver futures contracts, options on silver futures, or any other silver derivatives (including the Silver Shares). In addition, Amex Rule 1203A will prohibit the specialist in the Silver Shares from being affiliated with a market maker in physical silver, silver futures, or options on silver futures unless adequate information barriers are in place and approved by the Exchange. 61 *See* Wolkoff Letter, *supra * note 7. B. Dissemination of Information About the Silver Shares The Commission finds that sufficient venues for obtaining reliable silver price information exist so that investors in the Silver Shares can adequately monitor the underlying spot market in silver relative to the NAV of their Silver Shares. As discussed more fully above, the Commission notes that there is a considerable amount of silver price and silver market information available 24 hours per day on public Web sites and through professional and subscription services. The Trust at its Web site *(http://www.iShares.com)* will provide a real time indicative silver spot price through TheBullionDesk at *http://www.thebuilliondesk.com.* In addition, the Trustee will disseminate each day an estimated amount representing the Basket Silver Amount. The Exchange will also disseminate through the CTA the Indicative Trust Value on a per share basis at least every 15 seconds during regular Amex trading hours of 9:30 a.m. to 4:15 p.m. New York time. The last sale price for Silver Shares will also be disseminated on a real-time basis over the CTA. The Commission also notes that the Trust's Web site at *http://www.iShares.com * is and will be publicly accessible at no charge and will contain the NAV of the Silver Shares and the Basket Silver Amount as of the prior business day, the Indicative Basket Amount, the Bid-Ask Price, and a calculation of the premium or discount of the Bid-Ask Price in relation to the closing NAV. Additionally, the Trust's Web site, to which the Amex will link, will also provide data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters, the Prospectus, and other applicable quantitative information. The Commission believes that dissemination of this information will facilitate transparency with respect to the Silver Shares and diminish the risk of manipulation or unfair informational advantage. C. Listing and Trading Further, the Commission finds that the Exchange's proposed rules and procedures for the listing and trading of the proposed Silver Shares are consistent with the Act. For example, Silver Shares will be subject to Amex rules governing trading halts, responsibilities of the specialist, and customer suitability requirements. In addition, the Silver Shares will be subject to Amex Rules 1201A and 1202A for initial and continued listing of Silver Shares. The Commission believes that listing and delisting criteria for the Silver Shares should help to maintain a minimum level of liquidity and therefore minimize the potential for manipulation of the Silver Shares. Finally, the Commission believes that the Exchange's Information Circular adequately will inform members and member organizations about the terms, characteristics, and risks in trading the Silver Shares. IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 62 that the proposed rule change (SR-Amex-2005-072), as amended, is hereby approved. 62 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 63 63 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-4268 Filed 3-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53522; File No. SR-ISE-2006-09] Self-Regulatory Organizations; International Securities Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Session/API Fees March 20, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on February 1, 2006, the International Securities Exchange, Inc. (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the ISE. On March 15, 2006, ISE filed Amendment No. 1 to the proposed rule change. 3 The ISE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the ISE under Section 19(b)(3)(A)(ii) of the Act, 4 and Rule 19b-4(f)(2) thereunder, 5 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 1 added clarifying language to the purpose section of the filing and made a technical change to the text of Exhibit 5 (ISE's Schedule of Fees). The correction to Exhibit 5 does not affect the fees covered by this filing. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE is proposing to amend its Schedule of Fees to adopt a new method for charging Session/API Fees. The text of the proposed rule change, as amended, is available on the ISE's Web site ( *http://www.iseoptions.com/legal/proposed_rule_changes.asp* ), at the principal office of the ISE, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The ISE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to establish a new method for charging Session/API (“login”) fees to members. 6 ISE currently charges members a fee for each authorized login that a member utilizes for quoting or order entry, with a lesser charge for authorized logins used for the limited purpose of “listening” to system broadcasts. 7 This proposed rule change seeks to further differentiate authorized logins in an effort to promote and encourage more efficient quoting. The Exchange proposes the following three categories of authorized logins:
(1)Quoting, order entry and listening (allowing the user to enter quotes, orders, and perform all other miscellaneous functions, such as setting parameters, pulling quotes and performing linkage functions ( *e.g.* , sending and receiving P and P/A orders, laying off orders, etc.));
(2)order entry and listening (allowing the user to enter orders and perform all other miscellaneous functions, such as setting parameters, pulling quotes and performing linkage functions (but not quote)); and
(3)listening (allowing the user only to query the system and to respond to other broadcasts). 8 6 ISE represents that the fees proposed in this filing only apply to ISE members. The ISE Central Exchange System uses an open Application Programming Interface (API). ISE Members program to ISE's API in order to develop applications that send trading commands and/or queries to and receive broadcasts and/or transactions from the trading system. The ISE Central Exchange System is the heart of ISE's marketplace, processing quotes from market makers, receiving orders from Electronic Access Members, tracking activity in the underlying markets, executing trades in the matching engine, and broadcasting trade details to the participating members. 7 Prior to this filing, members were charged a fee of $250 to “listen” to system broadcasts. This fee as it applied to market makers, which was previously listed under “EAM / Trade Review Terminal,” now appears under “Market Makers”—“Listening.” 8 The Exchange issued a Market Information Circular and a Technical Bulletin on February 3, 2006 and February 9, 2006, respectively, to notify members of the change that is the subject of this filing. The Exchange further notes that this filing was considered and approved by the ISE's Market Maker Advisory Committee. The Exchange believes that the proposed fee changes are reasonable in that they are closely tailored to ISE's technology costs. Under the proposed rule change, each ISE market maker will receive an allocation of 1,000,000 quotes per day per user. If a firm submits more quotes than those allocated, *i.e.* , 1,000,000 quotes per user as measured on an average in a single month, the firm will be charged for additional users depending upon the number of quotes submitted. Each month, the total number of quotes submitted by a market maker firm across all bins will be divided by the number of trading days, resulting in the average quotes per day. This number will then be divided by 1,000,000 and rounded up to the nearest whole number, resulting in an implied number of users based on quotes. Members will be invoiced for the greater of
(a)the greatest number of users authorized to login into the system, or
(b)the number of implied users based on quotes. For example, a firm with 20 users has an allocation of 20 million quotes per day. If that firm submits an average of 18 million quotes per day during a single month then the firm will be invoiced for all 20 users. If that firm submits an average of 21.3 million quotes per day during a single month, it will be invoiced for 22 users (21.3 users rounded up). In order to facilitate maximum utilization of a firm's quote allocation, firms that submit more quotes than the allocated 1,000,000 quotes per day will receive an e-mail on a daily basis informing them that they will incur additional fees if they continue to submit in excess of the 1,000,000 daily quote allocation per user. ISE proposes to charge $950 per month for each quoting session for up to 1,000,000 quotes per day, on average for a month. Members will be charged an additional user fee of $950 for each incremental usage of up to 1,000,000 quotes per day per user. The Exchange further proposes to charge members a fixed fee of $750 per month for each order entry session and a fixed fee of $175 per month for each listening session, regardless of the number of quotes submitted. 2. Statutory Basis The Exchange believes that the proposed rule change, as amended, is consistent with Section 6(b)(4) of the Act, 9 which requires that an exchange have an equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. In particular, the Exchange believes these fees will encourage and promote efficient quoting among the Exchange's market making firms. 9 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(2) 11 thereunder because it changes a fee imposed by the Exchange. At any time within 60 days of the filing of such amended proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 12 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 19b-4(f)(2). 12 The effective date of the original proposed rule is February 1, 2006. The effective date of Amendment No. 1 is March 15, 2006. For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on March 15, 2006, the date on which the ISE submitted Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File No. SR-ISE-2006-09 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2006-09. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2006-09 and should be submitted on or before April 17, 2006. 13 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 Nancy M. Morris, Secretary. [FR Doc. E6-4274 Filed 3-23-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-53520; File No. SR-PCX-2005-117] Self-Regulatory Organizations; Pacific Exchange, Inc. (n/k/a NYSE Arca, Inc.); Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change and Amendment No. 1 Thereto Relating to the Trading of Shares of the iShares® Silver Trust Pursuant to Unlisted Trading Privileges March 20, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 11, 2005, the Pacific Exchange, Inc. (n/k/a NYSE Arca, Inc.) (“Exchange”), 3 through its wholly owned subsidiary PCX Equities, Inc. (n/k/a NYSE Arca Equities, Inc.), has filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange proposes to amend the rules governing Archipelago Exchange, LLC (n/k/a NYSE Arca, LLC), the equities trading facility of NYSE Arca Equities, Inc. On March 3, 2006, the Exchange filed Amendment No. 1 to the proposed rule change. 4 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons and is approving the proposal on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 On March 6, 2006, the Pacific Exchange, Inc. (“PCX”), filed with the Commission a proposed rule change, which was effective upon filing, to change the name of the Exchange, as well as several other related entities, to reflect Archipelago's recent acquisition of PCX and the merger of the NYSE with Archipelago. *See* File No. SR-PCX-2006-24. All references herein have been changed to reflect these transactions. Telephone conference between David Strandberg, Director, NYSE Arca Equities Inc., and Florence E. Harmon, Senior Special Counsel, Division of Market Regulation (“Division”), Commission, on March 10, 2006. 4 In Amendment No. 1, the Exchange clarified and supplemented certain aspects of its proposal. Amendment No. 1 replaces and supplements the information provided in various sections of the Exchange's Form 19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly-owned subsidiary, NYSE Arca Equities, Inc., proposes to amend its rules governing the Archipelago Exchange (n/k/a NYSE Arca MarketPlace), the equities trading facility of NYSE Arca Equities, Inc. The Exchange proposes to trade, pursuant to unlisted trading privileges (“UTP”), shares (“Shares”) of the iShares® Silver Trust (the “Trust”). 5 5 iShares® is a registered trademark of Barclays Global Investors, N.A. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item III below, and is set forth in Sections A, B, and C below. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to trade the Shares pursuant to UTP under NYSE Arca Equities, Inc. Rule 8.201. Under NYSE Arca Equities, Inc. Rule 8.201, which the Exchange adopted in January 2005, 6 the Exchange may propose to list and/or trade pursuant to UTP “Commodity-Based Trust Shares.” 7 The Exchange currently trades shares of the iShares COMEX Gold Trust 8 and the streetTRACKS Gold Trust 9 pursuant to UTP under NYSE Arca Equities, Inc. Rule 8.201. The American Stock Exchange LLC (“Amex”) has filed a rule proposal to list and trade the Shares, 10 which the Commission approved on March 20, 2006. 11 6 *See* Securities Exchange Act Release No. 51067 (January 21, 2005), 70 FR 3952 (January 27, 2005) (approving the listing and trading of Commodity-Based Trust Shares and trading of shares of the iShares COMEX Gold Trust pursuant to UTP). 7 Commodity-Based Trust Shares are securities issued by a trust that represent investors' discrete identifiable and undivided beneficial ownership interest in the commodities deposited into the trust. Unlike trust issued receipts (“TIRs”), Commodity-Based Trust Shares hold one or more physical commodities, rather than one or more discrete securities. 8 *See* supra, note 7. 9 *See* Securities Exchange Act Release No. 34-51245 (February 23, 2005), 70 FR 10731 (March 4, 2005) (approving the trading of shares of the streetTRACKS Gold Trust pursuant to UTP). 10 *See* Securities Exchange Act Release No. 53130 (January 17, 2006), 71 FR 3570 (January 23, 2006) (SR-AMEX-2005-072) (“Amex Notice”). 11 *See* Securities Exchange Act Release No. 53521 (March 20, 2006) (“Amex Order”). The Shares represent beneficial ownership interests in the net assets of the Trust consisting primarily of silver bullion (“silver”). The investment objective of the Trust is for the Shares to reflect the performance of the price of silver, less the Trust's expenses.
(a)The Shares A description of the silver and the Shares, the operation of the Trust, and other information about the Shares is set forth in the Amex Notice and Amex Order. To summarize, issuances of Shares will be made only in baskets of 50,000 Shares or multiples thereof (“Baskets” or “Basket Aggregations”). The Trust will issue and redeem the Shares on a continuous basis, by or through participants that have entered into participant agreements (each, an “Authorized Participant”) 12 with Barclays Global Investors International, Inc. (the “Sponsor”) and The Bank of New York (the “Trustee” or “BNY”). 12 An “Authorized Participant” is a person, who at the time of submitting to the trustee an order to create or redeem one or more Baskets,
(i)is a registered broker-dealer,
(ii)is a Depository Trust Company Participant or an Indirect Participant and
(iii)has in effect a valid Authorized Participant Agreement. Baskets will be issued as an in-kind exchange for a corresponding amount of silver. The basket amount of silver, measured in ounces (the “Basket Silver Amount”) will be determined on each business day by the Trustee. 13 The Basket Silver Amount necessary for the creation of a Basket will slightly diminish each day depending on the Trust's daily expense accrual. 14 Authorized Participants that wish to purchase a Basket must transfer the Basket Silver Amount to the Trust in exchange for a Basket of Shares. Baskets are then separable upon issuance into the Shares that will be traded on NYSE Arca MarketPlace on a UTP basis. 15 13 On each business day, the Trustee will make available immediately prior to the opening of trading on the Amex, the Indicative Basket Silver Amount for the creation of a Basket. The Sponsor will also make the next day's Indicative Basket Silver Amount available on the Trust's Web site at *http://www.iShares.com* shortly after 4 p.m. ET each business day. The Amex stated that the Basket Silver Amount, Indicative Basket Silver Amount and net asset value (“NAV”) will be publicly available simultaneously to all market participants (to avoid any informational advantage) on either the Trust's Web site or the Amex Web site. These items will also be communicated to Authorized Participants via facsimile or electronic mail message. 14 According to the Amex Notice, the initial Basket Silver Amount is 500,000 ounces of silver (with each Share initially representing 10 ounces of silver). The number of ounces of silver required to create a basket or to be delivered upon a redemption of a basket will gradually decrease over time because the silver shares comprising a basket will represent a decreasing amount of silver due to the sale of the Silver Trust's silver to pay Trust expenses. 15 Shares are separate and distinct from the underlying silver comprising the portfolio of the Trust. The Exchange expects that the number of outstanding Shares will increase and decrease as a result of in-kind deposits and withdrawals of the underlying silver. The Shares will not be individually redeemable but will only be redeemable in Baskets. To redeem, an Authorized Participant will be required to accumulate enough Shares to constitute a Basket ( *i.e.* , 50,000 Shares). Authorized Participants that wish to redeem a Basket will receive the Basket Silver Amount in exchange for each Basket surrendered. The operation of the Trust and creation and redemption process is described in more detail in the Amex Notice and Order. When calculating the net asset value (“NAV”) per Share, the Trustee will value the silver held by the Trust on the basis of the day's announced London silver fix price. The calculation methodology for the NAV is described in more detail in the Amex Notice. After the NAV is determined, at or about 4 p.m. Eastern Time (“ET”) each business day, the Trustee will then determine the Basket Silver Amount for orders placed by Authorized Participants received before 4 p.m. ET that day. The Trustee will also at the same time determine an “Indicative Basket Silver Amount” that Authorized Participants can use as an indicative amount of silver to be deposited for issuance of the Shares on the next business day. Thus, although Authorized Participants place orders to purchase Shares throughout the trading day, the actual Basket Silver Amount is determined at 4 p.m. ET or shortly thereafter. After 4 p.m. ET each business day, the Trustee and the Sponsor will disseminate the NAV for the Shares, the Basket Silver Amount (for orders properly placed by 4 p.m. ET during the day), and the next day's Indicative Basket Silver Amount. The Basket Silver Amount, the Indicative Basket Silver Amount, and the NAV are communicated by the Trustee to all Authorized Participants via facsimile or electronic mail message and on the Trust's Web site at *http://www.iShares.com* (to which the Exchange will provide a link). The Sponsor fee, in the absence of any extraordinary expenses and liabilities, is established at 0.50% of the net assets of the Trust. As a result, assuming there is no extraordinary movement in the intra-day market price of silver, the amount of silver by which the Basket Silver Amount will decrease each day will be predictable ( *i.e.* , 1/365th of the net asset value of the Trust multiplied by 0.50%). Given the anticipated predictability of the daily decline in the Basket Silver Amount, as stated, the Trustee will disclose and disseminate the Indicative Basket Silver Amount for the next business day shortly after 4 p.m. ET. Authorized Participants may use the Indicative Basket Silver Amount as guidance regarding the amount of silver expected to be deposited with the custodian, JP Morgan Chase Bank, N.A., London Branch, in connection with the issuance of Shares on the next business day. As a result, the amount of silver required for the Basket Silver Amount is not disseminated during the trading day to correspond to changes in the value of silver as measured by spot silver prices. Before 4 p.m. ET, Authorized Participants may use the Indicative Basket Silver Amount published by the Sponsor and the Trustee the day before as guidance in respect of the amount of silver that they may expect to be required to deposit. But if the Indicative Basket Silver Amount published by the Sponsor and the Trustee turns out to be incorrect (for example, because the Trust incurred an extraordinary expense such as legal fees in excess of the amount assumed by the Sponsor), the amount actually determined by the Trustee will prevail, resulting in a greater decrease in the Basket Silver Amount.
(b)Dissemination of Information About Silver Prices, the Shares, and the Indicative Trust Value 1. Availability of Information Regarding Silver Prices Although the spot price of silver will not be disseminated over the facilities of Consolidated Tape Association (“CTA”), the last sale price for the Shares, as is the case for all equity securities traded on the Exchange, will be disseminated over the CTA's Network B. In addition, there is a considerable amount of silver price and market information available on public Web sites and through professional and subscription services. Investors may obtain on a 24-hour basis silver pricing information based on the spot price of an ounce of silver from various financial information service providers, such as Reuters and Bloomberg. In addition, the daily London silver fix is also disseminated by various market data vendors and is available from the Web site of the London Bullion Market Association (“LBMA”). Reuters and Bloomberg provide at no charge on their Web sites delayed information regarding the spot price of silver and last sale prices of silver futures contracts and related options, as well as information about news and developments in the silver market. Reuters and Bloomberg also offer a professional service to subscribers for a fee that provides information on silver prices directly from market participants. 16 Complete real-time data for silver futures contracts and options prices traded on the COMEX, a division of the New York Mercantile Exchange, Inc. (“NYMEX”), is available by subscription from Reuters and Bloomberg and also on a delayed basis free of charge on the NYMEX Web site at *http://www.nymex.com.* The Exchange also notes that there are a variety of other public Web sites providing information on silver, ranging from those specializing in precious metals to sites maintained by major newspapers, such as *The Wall Street Journal* . Current silver spot prices are also generally available with bid/ask spreads from silver bullion dealers. 16 According to the Amex Notice, EBS, a London-based provider of foreign exchange trading solutions, also provides an electronic trading platform to institutions such as bullion banks and dealers for the trading of spot silver, as well as a feed of live streaming prices to Reuters and Moneyline Telerate subscribers. Approximately 4 million ounces in silver are traded each day over the EBS trading platform. *See* Amex Notice, footnote 34; *see also http://www.ebs.com.* The Exchange will provide at no charge on its Web site at *http://www.archipelago.com,* 17 via a link to the Trust's Web site, updated bids and offers indicative of the spot price ( *i.e.* , real time information) of silver. 18 17 NYSE Arca Inc.'s new Web site is *http://www.nysearca.com.* Telephone conference between David Strandberg, Director, NYSE Arca Equities Inc., and Florence E. Harmon, Senior Special Counsel, Division, Commission, on March 20, 2006. 18 The Trust Web site's silver spot price will be provided by TheBullionDesk at *http://www.thebulliondesk.com.* The Exchange will provide a link to the Trust Web site. TheBullionDesk is not affiliated with the Trust, Sponsor, Custodian or the Exchange. The silver spot price is indicative only, constructed using a variety of sources to compile a spot price that is intended to represent a theoretical quote that might be obtained from a market maker from time to time. The Trust Web site will indicate that there are other sources for obtaining the silver spot price. 2. Availability of Information Regarding Silver Shares The Web site for the Trust, which will be publicly accessible at no charge, will contain the following information:
(a)The prior business day's NAV and the reported closing price;
(b)the mid-point of the bid-ask price in relation to the NAV as of the time the NAV is calculated (the “Bid-Ask Price”);
(c)calculation of the premium or discount of such price against such NAV;
(d)data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters;
(e)the Basket Silver Amount;
(f)the Indicative Basket Silver Amount;
(g)the Prospectus; and
(h)other applicable quantitative information. As described above, the NAV for the Trust will be calculated and disseminated daily. According to the Amex Notice, the Amex also intends to disseminate for the Trust on a daily basis by means of CTA/CQ High Speed Lines information with respect to the Indicative Trust Value (“ITV”) (as discussed below), recent NAV, and shares outstanding. As stated, the Trust Web site will also provide a real-time indicative silver spot price through TheBullionDesk at *http://www.thebulliondesk.com* , which will be used to calculate the ITV, according to the Amex Notice. Notwithstanding that they will be provided free of charge, the indicative spot price from the BullionDesk on the Trust Web site and the ITV per Share disseminated via the CTA, will be provided essentially on a real-time basis. 19 19 That these values are subject to an average delay of 5 to 10 seconds. The Exchange will make available on its Web site, *http://www.archipelago.com* , daily trading volume, closing prices, NAV, and the Basket Silver Amount. The London silver fix price is readily available from the LBMA at *http://www.lbma.org.uk* , automated quotation systems, published or other public sources, or online information services such as Bloomberg or Reuters. In addition, the Exchange will provide a hyperlink on its Web site at *http://www.archipelago.com* to the Trust's Web site at *http://www.iShares.com* . 3. Dissemination of Indicative Trust Value As noted above, the Trustee calculates the NAV of the Trust once each trading day. In addition, the Trustee causes to be made available on a daily basis the required amount of silver to be deposited in connection with the issuance of Shares in Basket Aggregations. In addition, other investors can request such information directly from the Trustee. In order to provide updated information relating to the Trust for use by investors, professionals, and Authorized Persons wishing to create or redeem Shares, the Amex will disseminate through the facilities of CTA an updated ITV. The ITV will be disseminated on a per Share basis at least every 15 seconds from 9:30 a.m. to 4:15 p.m. ET. The ITV will be calculated based on the amount of silver required for creations and redemptions and a price of silver derived from updated bids and offers indicative of the spot price of silver. The ITV on a per Share basis should not be viewed as a real time update of the NAV, which is calculated only once a day. The Exchange believes that dissemination of the ITV based on the amount of silver required for a Basket Aggregation provides additional information that is not otherwise available to the public and is useful to professionals and investors in connection with Shares trading on the Exchange or the creation or redemption of Shares. In addition, as noted above, the Trust's Web site at *http://www.iShares.com* will also provide from TheBullionDesk updated bids and offers indicative of the spot price of silver in the OTC market for the purpose of disclosing to investors on a real-time basis the underlying or spot price of silver.
(c)UTP Criteria The Exchange will cease trading in the Shares if
(a)the listing market stops trading the Shares because of a regulatory halt similar to a halt based on NYSE Arca Equities, Inc. Rule 7.12 or a halt because the ITV or the value of the underlying silver is no longer available as described in the Amex Order; or
(b)the listing market delists the Shares. Additionally, the Exchange may cease trading the Shares if such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable.
(d)Trading Rules The Exchange deems the Shares to be equity securities, thus rendering trading in the Fund subject to the Exchange's existing rules governing the trading of equity securities. Trading in the Shares on the Exchange will occur in accordance with NYSE Arca Equities, Inc. Rule 7.34(a), except that the Shares will not be eligible to trade during the Opening Session (4:00 a.m. to 9:30 a.m. ET) or the Late Trading Session (4:15 p.m. to 8 p.m. ET). The minimum trading increment for Shares on the Exchange will be $0.01. Further, NYSE Arca Equities, Inc. Rule 8.201 sets forth certain restrictions on ETP Holders acting as registered Market Makers in the Shares to facilitate surveillance. Pursuant to NYSE Arca Equities, Inc. Rule 8.201(h), an ETP Holder acting as a registered Market Maker in the Shares is required to provide the Exchange with information relating to its trading in the underlying silver, related futures or options on futures, or any other related derivatives. NYSE Arca Equities, Inc. Rule 8.201(i) prohibits an ETP Holder acting as a registered Market Maker in the Shares from using any material nonpublic information received from any person associated with an ETP Holder or employee of such person regarding trading by such person or employee in the underlying silver, related futures or options on futures or any other related derivative (including the Shares). In addition, NYSE Arca Equities, Inc. Rule 8.201(g) prohibits an ETP Holder acting as a registered Market Maker in the Shares from being affiliated with a market maker in the underlying silver, related futures or options on futures, or any other related derivative unless adequate information barriers are in place, as provided in NYSE Arca Equities, Inc. Rule 7.26. As a general matter, the Exchange has regulatory jurisdiction over its ETP Holders and their associated persons, which include any person or entity controlling an ETP Holder, as well as a subsidiary or affiliate of an ETP Holder that is in the securities business. A subsidiary or affiliate of an ETP Holder that does business only in commodities or futures contracts would not be subject to Exchange jurisdiction, but the Exchange could obtain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member. With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. Trading on the Exchange in the Shares may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include
(1)the extent to which conditions in the underlying silver market have caused disruptions and/or lack of trading, or
(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading in the Shares will be subject to trading halts caused by extraordinary market volatility pursuant to the Exchange's “circuit breaker” rule. 20 In addition, the Exchange will cease trading the Shares if
(a)the listing market stops trading the Shares because of a regulatory halt similar to NYSE Arca Equities, Inc. Rule 7.12 or a halt because the ITV or the value of the underlying silver is no longer available as described in the Amex Order, or
(b)the listing market delists the Shares. 20 *See* NYSE Arca Equities, Inc. Rule 7.12. Shares will be deemed “Eligible Listed Securities,” as defined in NYSE Arca Equities, Inc. Rule 7.55, for purposes of the Intermarket Trading System (“ITS”) Plan and therefore will be subject to the trade through provisions of NYSE Arca Equities, Inc. Rule 7.56, which require that ETP Holders avoid initiating trade-throughs for ITS securities. Unless exemptive or no-action relief is available, the Shares will be subject to the short sale rule, Rule 10a-1 and Regulation SHO under the Act. 21 If exemptive or no-action relief is provided, the Exchange will issue a notice detailing the terms of the exemption or relief. 21 According to the Amex Notice, the Silver Trust has requested relief from the Commission in connection with the trading of the Shares from the operation of the short sale rule, Rule 10a-1, and Regulation SHO under the Act.
(e)Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products and shares of the streetTRACKS Gold Trust 22 to monitor trading in the Shares. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares. 22 *See* supra, note 10. The Exchange's current trading surveillance focuses on detecting securities trading outside their normal patterns. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. Also, as noted above, pursuant to NYSE Arca Equities, Inc. Rule 8.201(h), the Exchange is able to obtain information regarding trading in the Shares and the underlying silver, silver futures contracts, options on silver futures, or any other silver derivative, through ETP Holders acting as registered Market Makers, in connection with such ETP Holders' proprietary or customer trades which they effect on any relevant market. In addition, the Exchange may obtain trading information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliates of the ISG. Also, the Exchange has an Information Sharing Agreement with the NYMEX for the purpose of sharing information in connection with trading in or related to COMEX silver futures contracts.
(f)Information Bulletin Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares. Specifically, the Information Bulletin will discuss the following:
(1)The procedures for purchases and redemptions of Shares in Baskets (including noting that Shares are not individually redeemable);
(2)NYSE Arca Equities, Inc. Rule 9.2(a), 23 which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;
(3)how information regarding the ITV is disseminated;
(4)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and
(5)trading information. For example, the Information Bulletin will advise ETP Holders, prior to the commencement of trading, of the prospectus delivery requirements applicable to the Trust. The Exchange notes that investors purchasing Shares directly from the Trust (by delivery of the Basket Silver Amount) will receive a prospectus. ETP Holders purchasing Shares from the Trust for resale to investors will deliver a prospectus to such investors. 23 The Exchange has proposed to amend NYSE Arca Equities, Inc. Rule 9.2(a) (“Diligence as to Accounts”) to provide that ETP Holders, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his other security holdings and as to his financial situation and needs. Further, the proposed rule amendment provides that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holders should make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives and any other information that they believe would be useful to make a recommendation. *See* Amendment No. 1 to SR-PCX-2005-115 (November 21, 2005). In addition, the Information Bulletin will reference that the Trust is subject to various fees and expenses described in the Registration Statement and that the number of ounces of silver required to create a basket or to be delivered upon redemption of a basket will gradually decrease over time because the Silver Shares comprising a basket will represent a decreasing amount of silver due to the sale of the Silver Trust's silver to pay Trust expenses. 24 The Information Bulletin will also reference the fact that there is no regulated source of last sale information regarding physical silver, that the Commission has no jurisdiction over the trading of silver as a physical commodity, and that the CFTC has regulatory jurisdiction over the trading of silver futures contracts and options on silver futures contracts. 24 Telephone Conference between David Strandberg, Director, NYSE Arca Equities Inc., and Florence E. Harmon, Senior Special Counsel, Division, Commission, on March 10, 2006. The Information Bulletin will also discuss any relief, if granted, by the Commission or the staff from any rules under the Act. 2. Statutory Basis The Exchange believes that the proposed rule change, as amended, is consistent with Section 6(b) of the Act 25 in general and furthers the objectives of Section 6(b)(5), 26 in particular, in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transaction in securities, to remove impediments and perfect the mechanisms of a free and open market, and, in general, to protect investors and the public interest. 25 15 U.S.C. 78s(b). 26 15 U.S.C. 78s(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-PCX-2005-117 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-PCX-2005-117. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca, Inc. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-PCX-2005-117 and should be submitted on or before April 14, 2006. IV. Commission's Findings and Order Granting Accelerated Approval of Proposed Rule Change The Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 27 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 28 which requires that an exchange have rules designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general to protect investors and the public interest. 27 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 28 15 U.S.C. 78f(b)(5). In addition, the Commission finds that the proposal is consistent with Section 12(f) of the Act, 29 which permits an exchange to trade, pursuant to UTP, a security that is listed and registered on another exchange. 30 The Commission notes that it previously approved the listing and trading of the Shares on the Amex. 31 The Commission also finds that the proposal is consistent with Rule 12f-5 under the Act, 32 which provides that an exchange shall not extend UTP to a security unless the exchange has in effect a rule or rules providing for transactions in the class or type of security to which the exchange extends UTP. NYSE Arca Equities, Inc. rules deem the Shares to be equity securities, thus trading in the Shares will be subject to the Exchange's existing rules governing the trading of equity securities. 33 29 15 U.S.C. 78 *l* (f). 30 Section 12(a) of the Act, 15 U.S.C. 78 *l* (a), generally prohibits a broker-dealer from trading a security on a national securities exchange unless the security is registered on that exchange pursuant to Section 12 of the Act. Section 12(f) of the Act excludes from this restriction trading in any security to which an exchange “extends UTP.” When an exchange extends UTP to a security, it allows its members to trade the security as if it were listed and registered on the exchange even though it is not so listed and registered. 31 *See* Amex Order. 32 17 CFR 240.12f-5. 33 *See* NYSE Arca Equities, Inc. Rule 7.34. The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 34 which sets forth Congress's finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. Quotations for and last sale information regarding Silver Shares will be disseminated via the CTA/CQS. Furthermore, as noted by the Exchange, various means exist for investors to obtain reliable silver price information and thereby monitor the underlying spot market in silver relative to the NAV of their Shares. Additionally, the Amex will make available via the CTA an updated ITV at least every 15 seconds during regular trading hours of 9:30 a.m. to 4:15 p.m. ET. 34 15 U.S.C. 78k-1(a)(1)(C)(iii). In connection with the Exchange's UTP of the Shares, the Exchange will cease trading in the Shares if:
(a)The listing market stops trading the Shares because of a regulatory halt similar to NYSE Arca Equities, Inc. Rule 7.12 or a halt because the ITV or the value of the underlying silver is no longer available; or
(b)if the primary market delists the Shares. The Commission notes that, if Silver Shares were to be delisted by Amex, the Exchange would no longer have authority to trade Silver Shares pursuant to this order. In support of the portion of the proposal, the Exchange has made the following representations: 1. NYSE Arca, Inc. has appropriate rules to facilitate transactions in this type of security in all trading sessions. 2. NYSE Arca, Inc. surveillance procedures are adequate to properly monitor the trading of the Shares on the Exchange. 3. NYSE Arca, Inc. will distribute an Information Bulletin to its ETP Holders prior to the commencement of trading of the Shares on the Exchange that explains the terms, characteristics, and risks of trading such shares. 4. NYSE Arca, Inc. will require that investors purchasing Shares directly from the Trust (by delivery of the Basket Silver Amount) will receive a prospectus and that ETP Holders purchasing Shares from the Trust for resale to investors will deliver a prospectus to such investors. 5. The Exchange will cease trading in the Shares if:
(a)the listing market stops trading the Shares because of a regulatory halt similar to NYSE Arca Equities, Inc. 7.12 or a halt because the ITV or the value of the underlying silver is no longer available as described in the Amex Order; or
(b)if the primary market delists the Shares. This approval order is conditioned on NYSE Arca, Inc.'s adherence to these representations. The Commission finds good cause for approving this proposed rule change, as amended, before the thirtieth day after the publication of notice thereof in the **Federal Register** . As noted previously, the Commission previously found that the listing and trading of these Shares on the Amex is consistent with the Act. 35 The Commission presently is not aware of any issue that would cause it to revisit that earlier finding or preclude the trading of these funds on the Exchange pursuant to UTP. Therefore, accelerating approval of this proposed rule change should benefit investors by creating, without undue delay, additional competition in the market for these Shares. 35 *See* Amex Order. V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR-PCX-2005-117), as amended, is hereby approved on an accelerated basis. 36 36 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 37 Nancy M. Morris, Secretary. 37 17 CFR 200.30-3(a)(12). [FR Doc. E6-4270 Filed 3-23-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10428 and # 10429; Missouri Disaster # MO-00002] Notice of a Disaster Declaration AGENCY: U.S. Small Business Administration. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1631-DR), dated March 16, 2006. *Incident:* Severe storms, tornadoes, and flooding. *Incident Period:* March 11, 2006 through March 13, 2006. *Effective Date:* March 16, 2006. *Physical Loan Application Deadline Date:* May 15, 2006. *Economic Injury
(EIDL)Loan Application Deadline Date:* December 15, 2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on March 16, 2006, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Christian, Hickory, Johnson, Monroe, Perry, Pettis, Randolph, Saline, and Ste. Genevieve. Contiguous Counties (Economic Injury Loans Only): *Missouri:* Audrain, Benton, Bollinger, Boone, Camden, Cape Girardeau, Carroll, Cass, Chariton, Cooper, Dallas, Douglas, Greene, Henry, Howard, Jackson, Jefferson, Lafayette, Lawrence, Macon, Madison, Marion, Morgan, Polk, Ralls, Shelby, St. Clair, St. Francois, Stone, Taney, and Webster. *Illinois* : Jackson, Monroe, Randolph, and Union. *The Interest Rates are:* Percent Homeowners with Credit Available Elsewhere 5.750 Homeowners without Credit Available Elsewhere 2.875 Businesses with Credit Available Elsewhere 7.408 Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) with Credit Available Elsewhere 5.000 Businesses And Non-Profit Organizations without Credit Available Elsewhere 4.000 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-4261 Filed 3-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10316 and #10317] Oklahoma Disaster Number OK-00002 AGENCY: Small Business Administration. ACTION: Amendment 3. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1623-DR), dated 01/10/2006. *Incident:* Severe Wildfire Threat. *Incident Period:* 11/27/2005 and continuing. *Effective Date:* 03/13/2006. *Physical Loan Application Deadline Date:* 04/10/2006. *EIDL Loan Application Deadline Date:* 10/10/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Oklahoma, dated 01/10/2006, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/10/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-4258 Filed 3-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10322 and #10323] Texas Disaster Number TX-00097 AGENCY: Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-1624-DR), dated 01/11/2006. *Incident:* Extreme Wildfire Threat. *Incident Period:* 12/01/2005 and continuing. *Effective Date:* 03/13/2006. *Physical Loan Application Deadline Date:* 04/12/2006. *EIDL Loan Application Deadline Date:* 10/11/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Texas, dated 01/11/2006, is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 04/12/2006. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-4259 Filed 3-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10322 and #10323] Texas Disaster Number TX-00097 AGENCY: Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA-1624-DR), dated 01/11/2006. *Incident:* Extreme Wildfire Threat. *Incident Period:* 12/01/2005 and continuing. *Effective Date:* 03/17/2006. *Physical Loan Application Deadline Date:* 04/12/2006. *EIDL Loan Application Deadline Date:* 10/11/2006. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, National Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Texas, dated 01/11/2006 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Anderson; Bastrop; Deaf Smith; Parker. *Contiguous Counties:* New Mexico: Curry; Quay. Texas: Caldwell; Castro; Cherokee; Fayette; Freestone; Henderson; Houston; Lee; Leon; Oldham Parmer; Potter; Randall; Travis; Williamson. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008.) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-4260 Filed 3-23-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of denial to waive the Nonmanufacturer Rule for Water Treatment Chemicals. SUMMARY: The U.S. Small Business Administration
(SBA)is denying a request for a waiver of the Nonmanufacturer Rule for Water Treatment Chemicals based on our recent discovery of small business manufacturers for these classes of products. Denying this waiver will require recipients of contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts. DATES: This notice of denial is effective April 10, 2006. FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by telephone at
(202)619-0422; by FAX at
(202)481-1788; or by e-mail at *edith.butler@sba.gov.* SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal government within the last 24 months. The SBA defines “class of products” based on a six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA received a request on December 12, 2005 to waive the Nonmanufacturer Rule for Water Treatment Chemicals. In response, on January 18, 2006, SBA published in the **Federal Register** a notice of intent to waive the Nonmanufacturer Rule for Water Treatment Chemicals. SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of these classes of products. In response to that January 18, 2006 notice, SBA received comments from small business manufacturers indicating that they have furnished these products to the Federal government. Accordingly, based on the available information, SBA has determined that there are small business manufacturers of these classes of products, and, is therefore denying the class waiver of the Nonmanufacturer Rule for Water Treatment Chemicals, NAICS codes 325188 and 325199. Dated: March 20, 2006. Karen C. Hontz, Associate Administrator for Government Contracting. Attachment A: Product Listing SIN 524-2 FUEL OIL TREATMENT CHEMICALS FuelSolv FS915 FuelSolv FS917 FuelSolv MGP3275 FuelSolv PB901. FuelSolv FS916 FuelSolv OMG8500 SIN 524-2 BOILER TREATMENT CHEMICALS Aquamax IEC2 OptiGuard MCA624 Optisperse CPS501 Steamate NA2140. Aquamax IEC800 RediFeed OptiGuard Optisperse CPS502 Steamate NA2260. CorTrol IS100 MCA630 Optisperse CPS503 Steamate NA700. CorTrol IS102 OptiGuard MCM610 Optisperse CPS504 Steamate NA701. CorTrol IS103 RediFeed OptiGuard Optisperse PO400 Steamate NA702. CorTrol IS104 MCM955 Optisperse PO423 Steamate NA703. CorTrol IS3000 OptiGuard MCP600 Optisperse PO424 Steamate NA707. CorTrol OS131 OptiGuard MCP601 Optisperse SP530 Steamate NA711. CorTrol OS133 RediFeed OptiGuard Optisperse SP531 Steamate NA713. CorTrol OS5300 MCP953 Optisperse SP532 Steamate NA715. CorTrol OS7780 Optisperse ADJ560 Optisperse ADJ561 Optisperse APO200 Optisperse APO520 Optisperse AP301 Optisperse AP302 Optisperse CL361 Optisperse CL362 Optisperse CL363 Optisperse CPS500 Steamate FM760 Steamate FM761 Steamate FM1000 Steamate NA0240 Steamate NA0540 SIN 524-2 COOLING WATER TREATMENT CHEMICALS Continuum AEC213 Depositrol PY5200 Inhibitor AZ604 Spectrus NX106. Continuum AEC216 Depositrol SF502 Inhibitor AZ660 Spectrus NX108. Continuum AEC217 Depositrol SF504 Inhibitor AZ8101 Spectrus NX110. Continuum AEC218 Dianodic DN300 Inhibitor PM508 Spectrus NX1104. Continuum AEC223 Dianodic DN302 Inhibitor PM608 Spectrus NX112. Continuum AEC225 Dianodic DN310 Inhibitor PM609 Spectrus NX114. Continuum AEC230 Ferroquest LP7200 Inhibitor PM610 Spectrus NX122. Continuum AEC231 Ferroquest LP7202 Kleen AC9507 Spectrus OX101. Continuum AEC232 FloGard POT802 RediFeed Continuum AT901 Spectrus OX103. Continuum AT201 FloGard POT807 RediFeed Continuum AT902 Spectrus OX105. Continuum AT202 FoamTrol AF2290 RediFeed Spectrus OX903 Spectrus OX903. Continuum AT203 FoamTrol AF706 Spectrus BD152 Spectrus OX909. Continuum AT205 FoamTrol AF724 Spectrus BD1550 Spectrus OX1201. Continuum AT209 FoamTrol AF1440 Spectrus NX102 Spectrus OX1240. Continuum AT220 Spectrus NX104 Depositrol PY505 SIN 524-2 CLOSED SYSTEM TREATMENT CHEMICALS Corrshield MD400 Corrshield NT402 Corrshield OR404 Ferroquest FQ7102. Corrshield MD407 Corrshield NT403 Corrshield NT411 Ferroquest FQ7101 Ferroquest FQ7103. SIN 524-2 MULTI FUNCTION PRODUCTS AE 1128P KlarAid IC 1172P ProSweet OC2532 BioPlus BA900 KlarAid PC 1192P ProSweet OC2533 BioPlus BA2920 KlarAid PC 1195P ProSweet OC2534 BioPlus BA2921 PolyFloc AE 1115 ProSweet OC2543 Pot 804 PolyFloc AP 1100 KlarAid CDP 1339P PolyFloc AP 1120P [FR Doc. E6-4247 Filed 3-23-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5351] 60-Day Notice of Proposed Information Collection: Forms DS-1998 and DS-1998E, Foreign Service Written Examination Registration Form, OMB Control Number 1405-0008 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget
(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Registration for the Foreign Service Officer Written Examination. • *OMB Control Number:* 1405-0008. • *Type of Request:* Revision of a Currently Approved Collection. • *Originating Office:* Human Resources, HR/REE/BEX. • *Form Number:* DS-1998 & DS-1998-E. • *Respondents:* Registrants for the Foreign Service Written Examination. • *Estimated Number of Respondents:* 35,147. • *Estimated Number of Responses:* 35,147. • *Average Hours Per Response:* 20 minutes. • *Total Estimated Burden:* 11,716 hours. • *Frequency:* Annually. • *Obligation to Respond:* Required to obtain or retain a benefit. DATES: The Department will accept comments from the public up to 60 days from March 24, 2006. ADDRESSES: You may submit comments by any of the following methods: • E-mail: *deanmm@state.gov.* • Mail (paper, disk, or CD-ROM submissions): Margaret Dean, HR/REE/BEX, SA-1, 2401 E Street, NW., H-518, Washington, DC 20522. • Fax:
(202)261-8843, Att: Margaret Dean. You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Margaret Dean, HR/REE/BEX, SA-1, 2401 E Street, NW., H-518, Washington, DC 20522, who may be reached on
(202)261-8898 or at *deanmm@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* Individuals registering for the Foreign Service Written Examination will provide information about their name, age, Social Security Number, contact information, ethnicity, and very brief information on their education and work history. The information will be used to prepare and issue admission to the examination, to help improve future examinations, and to conduct research studies based on the examination results. *Methodology:* Responses can be submitted via the online registration option or by mail. Dated: February 28, 2006. Ruben Torres, Executive Director, Bureau of Human Resources, Department of State. [FR Doc. E6-4315 Filed 3-23-06; 8:45 am] BILLING CODE 4710-15-P DEPARTMENT OF STATE [Public Notice 5350] 30-Day Notice of Proposed Information Collection: Department of State Forms DS-98, DS-98 E, DS-99 and DS-99 E; Application for Diplomatic Exemption From Taxes; OMB Control Number 1405-0069 ACTION: Notice of request for public comments. SUMMARY: The Department of State has submitted the following information collection request to the Office of Management and Budget
(OMB)for approval in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Application for Diplomatic Exemption From Taxes. • *OMB Control Number:* 1405-0069. • *Type of Request:* Extension of an approved collection. • *Originating Office:* Bureau of Diplomatic Security, Office of Foreign Missions, Diplomatic Tax and Customs Office, DS/OFM/VTC/TC. • *Form Number:* DS-98, DS-98 E, DS-99 and DS-99 E. • *Respondents:* Eligible foreign diplomatic or consular missions, certain foreign government organizations, and designated international organizations. • *Estimated Number of Respondents:* 350. • *Estimated Number of Responses:* Approximately 2419. • *Average Hours Per Response:* 15 minutes. • *Total Estimated Burden:* 605 hours. • *Frequency:* On occasion. • *Obligation to Respond:* Required to obtain or retain a benefit. DATES: Submit comments to the Office of Management and Budget
(OMB)for up to 30 days from March 24, 2006. ADDRESSES: Direct comments and questions to Alex Hunt, the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB), who may be reached at 202-395-7860. You may submit comments by any of the following methods: • E-mail: *ahunt@omb.eop.gov* . You must include the DS form number, information collection title, and OMB control number in the subject line of your message. • Mail (paper, disk, or CD-ROM submissions): Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503. • Fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Ms. Irina Kaufman, DS/OFM/VTC, 3507 International Place, NW., U.S. Department of State, Washington, DC 20008, who may be reached on 202-895-3683, or by e-mail at *kaufmani@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* Exemption from taxes on the use of public utilities and the purchase of gasoline and other motor fuels is enjoyed by foreign diplomatic and consular personnel on assignment in the United States under the provisions of the Vienna Conventions on Diplomatic and Consular Relations and the terms of various bilateral agreements. Under the Foreign Missions Act of 1982 (as amended), 22 U.S.C. 4301 et seq., the Department of State's Office of Foreign Missions
(OFM)is given the authority to grant privileges and benefits, based on reciprocity. Forms DS-98, “Application for Diplomatic Exemption From Taxes on Utilities”, and DS-99, “Application for Diplomatic Exemption From Taxes on Gasoline”, provide OFM with the necessary information to provide and administer the benefit effectively and efficiently. *Methodology:* Paper copies of the DS-98 and DS-99 are either hand-carried or mailed to OFM. Foreign missions can access both forms on the OFM Web site in Portable Document Format (PDF), which provides a data-input and print feature for clean and legible paper copies. An electronic submission option (DS-98 E and DS-99 E) will also be made available for both forms upon OMB approval. Dated: January 26, 2006. John P. Gaddis, Deputy Assistant Secretary of State and Deputy Director, Office of Foreign Missions, Bureau of Diplomatic Security, Department of State. [FR Doc. E6-4316 Filed 3-23-06; 8:45 am] BILLING CODE 4710-43-P DEPARTMENT OF STATE [Public Notice 5349] 60-Day Notice of Information Collection: DS-3013, Application Under the Hague Convention on the Civil Aspects of International Child Abduction, OMB-1405-0076 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget
(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Application Under the Hague Convention on the Civil Aspects of International Child Abduction. • *OMB Control No:* 1405-0076. • *Type of Request:* Revision of a Currently Approved Collection. • *Originating Office:* Bureau of Consular Affairs. CA/OCS/CI. • *Form Number:* DS-3013. • *Respondents:* Individuals. • *Estimated Number of Respondents:* 500 per year. • *Average Hours Per Response:* 1 hour. • *Total Estimated Burden:* 500 hours. • *Frequency:* On occasion. • *Obligation to Respond:* Required to Obtain or Retain a Benefit. DATES: The Department will accept comments from the public up to 60 days from March 24, 2006. ADDRESSES: You may submit comments by any of the following methods: • E-mail: *cholisms@state.gov.* • Mail (paper, disk, or CD-ROM submissions): Margaret Cholis, CA/OCS/CI, U.S. Department of State, Washington, DC 20520-4818. • Fax: 202-736-9133. • Hand delivery or Courier: Margaret Cholis, CA/OCS/CI, 4th floor, 2100 Pennsylvania Ave. NW., Washington, DC 20037. You must include the DS form number, information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Margaret Cholis, CA/OCS/CI, U.S. Department of State, Washington, DC 20520-4818, who may be reached on 202-736-9157 or via email at *CholisMS@state.gov.* SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of the Department's functions as the Central Authority. • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including through the use of automated collection techniques or other forms of technology. Abstract of Proposed Collection The Application Under the Hague Convention on the Civil Aspects of International Child Abduction (DS-3013) is used by parents or legal guardians who are asking the State Department's assistance in seeking the return of, or access to, a child/ or children alleged to be wrongfully removed from or retained outside of the child's habitual residence and currently located in another country that is also party to the Hague Convention on the Civil Aspects of International Child Abduction (Contracting State). The application requests information regarding the identities of the applicant, the child or children, and the person alleged to have wrongfully removed or retained the child or children. In addition, the application requires that the applicant provide the circumstances of the alleged wrongful removal or retention and the legal justification for the request for return or access. The State Department, as the U.S. Central Authority, uses this information to establish, if possible, the applicants' claims under the Convention; to advise applicants about available remedies under the Convention; and to provide the information necessary to the foreign Central Authority in its efforts to locate the child or children, and to facilitate return of or access to the child or children pursuant to the Convention. Methodology The CA/OCS/CI contact collects the necessary information via mail, fax, or electronic submission. Dated: March 6, 2006. Catherine Barry, Deputy Assistant Secretary, Consular Affairs, Overseas Citizens Services, Department of State. [FR Doc. E6-4317 Filed 3-23-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Availability of Motor Carrier Safety Assistance Program Grant Funds AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. SUMMARY: This document announces the availability of Motor Carrier Safety Assistance Program (MCSAP) grant funding as authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). MCSAP is a Federal grant program that provides financial assistance to States to reduce the number and severity of crashes and hazardous materials incidents involving commercial motor vehicles (CMV). The goal of MCSAP is to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs. DATES: Applications for Basic/Incentive grant funding should be sent to the FMCSA Division Office in the State where the applicant is located no later than August 1 of each year. Applications for FY2006 High Priority grant funds or New Entrant Safety Audit funds must be submitted to the FMCSA Division Office in the State where the applicant is located no later than April 28, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Lamm, Federal Motor Carrier Safety Administration, Office of Safety Programs, State Programs Division (MC-ESS),
(202)366-6830, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7 a.m. to 4:30 p.m., ET, Monday through Friday except Federal holidays. SUPPLEMENTARY INFORMATION: Background Section 4101 of SAFETEA-LU (Pub. L. 109-59, August 10, 2005, 119 Stat. 1144) amends 49 U.S.C. 31104(a) and reauthorizes the FMCSA Motor Carrier Safety Grants funding for FY2006 through FY2009. The authorized level of funding for MCSAP is $188,000,000 for FY2006, which includes up to $15,000,000 for High Priority grants and up to $29,000,000 for New Entrant Safety Audits grants. Funding is subject to reductions resulting from obligation limitations or rescissions as specified in SAFETEA-LU or other legislation. MCSAP Basic and Incentive Funds All 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands are eligible to receive MCSAP Basic funding grants directly from FMCSA. Basic funds are distributed by formula as outlined in 49 CFR 350.323. Incentive funds may be distributed to all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico based upon the safety and program performance factors found in 49 CFR 350.327. The Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands are ineligible for Incentive funding grants. The Federal share of Basic and Incentive funds is established at 80 percent for all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The Federal share of Basic funds is established at 100 percent for the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands. Funds remain available for expenditure in the State for the fiscal year in which they are allocated and for the next full fiscal year. High Priority Grants MCSAP High Priority funds are generally provided by FMCSA to support, enrich, or evaluate State CMV safety programs and to accomplish the following five objectives: • Implement, promote, and maintain national programs to improve CMV safety; • Increase compliance with CMV safety regulations; • Increase public awareness concerning CMV safety; • Provide education on CMV safety and related issues; and • Demonstrate new safety-related technologies. These funds will be allocated, at the discretion of FMCSA, to State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. Section 4107 of SAFETEA-LU requires at least 90 percent of available funding be awarded to State or local government agencies. The Federal share of these funds is established at 80 percent except that the Federal share is established at 100 percent for public education activities. New Entrant Grants States and local governments are eligible to apply for and receive New Entrant funds to conduct New Entrant Safety Audits as required by 49 CFR part 385, subpart D. The safety audit consists of a review of both the new entrant's safety management systems as well as a sample of required records to assess its compliance with the Federal Motor Carrier Safety Regulations, applicable Hazardous Materials Regulations, and related recordkeeping requirements. These funds will be administered at the discretion of FMCSA. The Federal share of these funds is established at 100 percent. Additional information on MCSAP and the application process is available from the Catalog of Federal Domestic Assistance
(CFDA)website at www.cfda.gov. MCSAP is listed as CFDA number 20.218-National Motor Carrier Safety. Application and Selection Process Basic/Incentive Grants The State lead agency, designated by the Governor, must submit an application (MCSAP-1) to the Division Administrator of the FMCSA Division Office in the State where the applicant is located no later than August 1 of each year. In addition to the application, the application package must include a Commercial Vehicle Safety Plan
(CVSP)that covers all items listed in 49 CFR 350.213. Upon receipt, the application will be reviewed by FMCSA. Funds will be allocated based upon FMCSA's approval of the application. For a State to receive funding, the CVSP must be complete and include all required documents. Applicants approved for funding will be required to enter into a grant agreement with FMCSA, which will be executed by a Division Administrator on behalf of the Agency. High Priority Grants High Priority funding is available to State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. This funding will be administered at the discretion of FMCSA. The Federal share for these funds is established at 80 percent except for public education activities which are established at 100 percent Federal share. States may use High Priority funds to comply with the requirements of section 4106 of SAFETEA-LU, which requires States to conduct comprehensive and highly visible traffic enforcement and commercial vehicle safety inspection programs in high risk locations and corridors. These projects may be similar in scope to the Ticketing Aggressive Cars and Trucks
(TACT)pilot program that is currently underway in the State of Washington. TACT uses three principles—communications, enforcement, and evaluation—in an effort to decrease the unsafe driving practices of commercial and noncommercial drivers and to raise the awareness of the enforcement activity and the campaign message. Since the TACT project has not yet been fully evaluated, a State seeking to initiate a similar activity will need to develop its own high visibility traffic enforcement program and submit the program along with its High Priority application and funding proposal to FMCSA. The applicant may submit an electronic application package through grants.gov. To apply using this method, the applicant must first register with grants.gov by going to *http://www.grants.gov/GetStartedRoles?type+aor. * Then, the applicant must download, complete, and submit the grant application package by going to *http://www.grants.gov/Apply?campaignid+tabnavtracking081105. * As an alternative to the grants.gov process, the applicant may submit a MCSAP-1 paper application to the Division Administrator of the FMCSA Division Office in the State in which the applicant is located. All applications must be received no later than April 28, 2006. In addition to the application, the application package must include a project proposal containing the following: • Detailed budget, • Scope of project, • Purpose, • Goals, • Objectives, • Implementation strategies, • Performance measures, and • Monitoring and evaluation plan. Upon receipt, the applications will be reviewed by FMCSA and prioritized for potential funding. The review will consider consistency with national priorities, performance with respect to previous year grant programs, FMCSA personnel recommendations, and other criteria that FMCSA deems appropriate. Applicants approved for funding will be required to enter into a grant agreement with FMCSA. A Division Administrator will execute the grant agreement with the applicant on behalf of FMCSA. If funds remain available after allocations are made for applications submitted by April 28, 2006, additional applications may be submitted and will be considered for funding until all available funds have been allocated. New Entrant Grants The applicant must submit an application package electronically through grants.gov or submit a MCSAP-1 paper application no later than April 28, 2006 to the Division Administrator of the FMCSA Division Office in the State in which the applicant is located. In addition to the application, the application package must include a project proposal containing the following: • Detailed budget, • Scope of project, • Purpose, • Goals, • Objectives, • Implementation strategies, • Performance measures, and • Monitoring and evaluation plan. Upon receipt, the applications will be reviewed by FMCSA and prioritized for potential funding. Applicants approved for funding will be required to enter into a grant agreement with FMCSA. A Division Administrator will execute the grant agreement with the applicant on behalf of FMCSA. If funds remain available after allocations are made for applications submitted by April 28, 2006, additional applications may be submitted and will be considered for funding until all available funds have been allocated. A copy of the MCSAP-1 grant application form is available and can be downloaded from *http://www.fmcsa.dot.gov/safety-security/safety-initiatives/mcsap/mcsapforms.htm. * It is anticipated the grants.gov application process will be available for use by applicants applying for MCSAP New Entrant and High Priority grants by April 28, 2006. Addresses of the FMCSA Division Offices are available on the Internet at *http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp.* Issued on: March 20, 2006. Annette M. Sandberg, Administrator. [FR Doc. E6-4325 Filed 3-23-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Denial of Motor Vehicle Defect Petition AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Denial of petition for a defect investigation. SUMMARY: This notice sets forth the reasons for the denial of a petition submitted by Ms. Elyse Gerber to NHTSA's Office of Defects Investigation (ODI), received October 13, 2005, under 49 U.S.C. 30162, requesting that the agency commence a proceeding to determine the existence of a defect related to motor vehicle safety with respect to electrical system shut down on model year
(MY)2000 Mercedes Benz E430 vehicles. After a review of the petition and other information, NHTSA has concluded that further expenditure of the agency's investigative resources on the issues raised by the petition does not appear to be warranted. The agency accordingly has denied the petition. The petition is hereinafter identified as DP05-007. FOR FURTHER INFORMATION CONTACT: Mr. Steve Chan, Defects Assessment Division, Office of Defects Investigation, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Telephone:
(202)366-8537. SUPPLEMENTARY INFORMATION: By letter dated September 20, 2005, Ms. Gerber of Belleair Beach, FL, submitted a petition requesting that the agency investigate electrical system shut down on MY 2000 Mercedes Benz E430 vehicles. The petitioner alleges that coffee from a cup, placed in the cup holder, spilled onto the gear shifter and shut down the vehicle's entire electrical system. The petitioner indicated that the vehicle jerked and slowed down, but she was able to maneuver the vehicle off the highway and into a shopping center parking lot. The concern raised by the petitioner was investigated by the Office of Defects Investigation
(ODI)of NHTSA. The investigation (SQ01-010) was opened on September 25, 2001 on MY 2000 through 2001 Mercedes Benz SLK, C, CLK, and E Series vehicles. NHTSA opened the investigation after receiving three complaints concerning liquid spillage onto the transmission shifter (center console) area, which reportedly caused the vehicle to stall or shut down, and a related technical service bulletin
(TSB)issued by Mercedes Benz. The TSB identifies improved “Touch-Shifters” (ESM-Electronic Selector Modules) that were more resistant to fluid contamination, which were installed on vehicles produced after March 2001. Mercedes Benz's letter dated January 24, 2002, sent in response to a request for information by ODI, identified 164 consumer complaints and 241 non-duplicate warranty claims concerning liquid spillage onto the transmission shifter. The response showed that in many cases, depending on the severity of the spill, fluid spills onto the transmission shifter/center console of the subject vehicles will have no effect on drivability. Where a substantial amount of fluid is spilled, the fluid may penetrate the console and contaminate the ESM circuitry located under the console. In certain cases, this can result in a shifter malfunction. Owners reported that they have experienced that the shifter is stiff or difficult to operate, or that the shifter could not be shifted out of the “Park” position. In the event of a fluid spill while the vehicle is moving, the damaged ESM will activate the electronic transmission's “limp-home” mode. This mode will prevent the transmission from shifting past second gear while averting a stall or shut-down so that the vehicle can still be driven at a lower speed. Furthermore, Mercedes Benz's response indicated that there are no electronics related to the power brakes, power steering, or engine under the center console, and the company was unaware of any engineering basis for fluid spills in this area having any effect on those vehicle functions. No related crashes or injuries were identified during SQ01-010. Based on Mercedes' response and ODI's analysis of the facts, ODI closed its inquiry in February 2002. ODI concluded that the facts did not demonstrate a safety-related defect. ODI has subsequently received nine more complaints alleging fluid contamination of the transmission shifter since the investigation was closed, none of which report crashes or injuries. These nine complainants mainly expressed dissatisfaction with the design of the cup holder and the cost of replacing the contaminated ESM. Similarly, in petitioner's case she was able to operate the vehicle to a place where it could be safety stopped after the liquid spillage. The petitioner has not provided any evidence of a safety-related defect. In view of the foregoing, it is unlikely that NHTSA would issue an order for the notification and remedy of the alleged defect as defined by the petitioner at the conclusion of the investigation requested in the petition. Therefore, in view of the need to allocate and prioritize NHTSA's limited resources to best accomplish the agency's safety mission, the petition is denied. Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50 and 501.8. Issued on: March 21, 2006. Daniel Smith Associate Administrator for Enforcement. [FR Doc. E6-4309 Filed 3-23-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34843] Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company
(BNSF)has agreed to grant temporary overhead trackage rights to Union Pacific Railroad Company
(UP)over BNSF's lines between milepost 2.1 (Grand Avenue), St. Louis, MO, and milepost 34.1, Pacific, MO, a distance of 32 miles. The transaction was scheduled to be consummated on March 16, 2006, the effective date of the notice, and the temporary trackage rights will expire on or about July 31, 2006. The purpose of the temporary trackage rights is to facilitate the performance of maintenance work on UP lines. As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN* , 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate* , 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in *Oregon Short Line R. Co.—Abandonment—Goshen* , 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34843, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Gabriel S. Meyer, Union Pacific Railroad Company, 1400 Douglas St., STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: March 17, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06-2834 Filed 3-23-06; 8:45 am]
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U.S. Code
- Definitions§ 1331
- Congressional findings§ 1801
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Purposes§ 3501
- Noise standards; promulgation of new standards; tests; procedures; protective devices§ 846
- Determinations by Secretary of Labor§ 2273
- Federal agency responsibilities§ 3506
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Definitions and application§ 78c
- National market system for securities; securities information processors§ 78k–1
- Additional powers§ 637
- Congressional declaration of findings and policy§ 4301
- Authorization of appropriations§ 31104
- Petitions by interested persons for standards and enforcement§ 30162
- Authority to exempt rail carrier transportation§ 10502
CFR
- Safety belts and lifelines.§ 142.42
- Maintenance of emergency equipment.§ 146.15
- Guarding of deck openings.§ 142.87
- Application for bulk manufacture of Schedule I and II substances.§ 1301.33
- Lead.§ 1910.1025
- Lead.§ 1926.62
- Evaluation and revision of roof control plan.§ 75.223
- Roof control plan.§ 75.220
- Roof control plan information.§ 75.221
- Longwall mining systems.§ 75.215
- Roof control plan-approval criteria.§ 75.222
- Protection from falls of roof, face and ribs.§ 75.202
- Underground retorts (I-A and I-B mines).§ 57.22401
- Notice of hearing.§ 2.104
- Orders.§ 2.202
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- How does a small business concern qualify to provide manufactured products or other supply items under a small business set-aside, service-disabled veteran-owned small business, HUBZone, WOSB or EDWOSB, or 8(a) contract?§ 121.406
- When will a waiver of the Nonmanufacturer Rule be granted for a class of products?§ 121.1202
25 references not yet in our index
- 30 CFR 260
- 43 CFR 2
- 5 CFR 1320.4
- 30 CFR 250
- Pub. L. 104-13
- 29 CFR 90.18(C)
- 26 USC 2813
- 10 CFR 73
- 88 Stat. 1244
- 10 CFR 30
- 10 CFR 32
- 10 CFR 35
- 10 CFR 70
- 10 CFR 150
- 17 CFR 240.19
- 17 CFR 19
- 15 USC 78
- 17 CFR 240.12
- Pub. L. 109-59
- 119 Stat. 1144
- 49 CFR 350.323
- 49 CFR 350.327
- 49 CFR 385
- 49 CFR 350.213
- 49 CFR 1180.2(d)(8)
Citation graph
cites case law
Notices
Notice of Intent to prepare an Environmental Impact Statement (EIS) and notice of public scoping meetings
Cite30 CFR 260
Cite43 CFR 2
Cite5 CFR 1320.4
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