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Code · REGISTER · 2006-03-27 · Bureau of Economic Analysis, Commerce · Notices

Notices. Notice and request for public comment

21,378 words·~97 min read·/register/2006/03/27/06-2940

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6335-01-M DEPARTMENT OF COMMERCE Bureau of Economic Analysis Proposed Data Sharing Activity AGENCY: Bureau of Economic Analysis, Commerce. ACTION: Notice and request for public comment. SUMMARY: The Bureau of Economic Analysis
(BEA)proposes to provide to the Bureau of Labor Statistics
(BLS)data collected from several surveys that it conducts on U.S. direct investment abroad, foreign direct investment in the United States, and U.S. international trade in services for statistical purposes exclusively. In accordance with the requirement of Section 524(d) of the Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA), we are providing the opportunity for public comment on this data-sharing action. BEA will provide data collected in its surveys to link with data from BLS surveys, including the Quarterly Census of Employment and Wages, the Occupational Employment Statistics survey, and the Mass Layoff Statistics survey. The linked data will be used for several purposes by both agencies, such as to develop detailed industry-level estimates of the employment, payroll, and occupational structure of foreign-owned U.S. companies or of U.S. companies that own foreign affiliates, and to assess the adequacy of current government data for understanding the international outsourcing activities of U.S. companies. Non-confidential aggregate data (public use) and reports that have cleared BEA and BLS disclosure review will be provided to the National Academy of Public Administration
(NAPA)as potential inputs into a study of off-shoring authorized by a grant to NAPA under Public Law 108-447. Disclosure review is a process conducted to verify that the data to be released do not reveal any confidential information. DATES: Written comments must be submitted on or before 5 p.m., May 26, 2006. ADDRESSES: Please direct all written comments on this proposed program to the Director, Bureau of Economic Analysis (BE-1), Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Requests for additional information on this proposed program should be directed to Obie G. Whichard, Department of Commerce, Bureau of Economic Analysis, BE-50(OC), Washington, DC 20230, via the Internet at *obie.whichard@bea.gov* , by phone on
(202)606-9890, or by fax on
(202)606-5318. SUPPLEMENTARY INFORMATION: Background CIPSEA (Pub. L. 107-347, Title V) and the International Investment and Trade in Services Survey Act (Pub. L. 94-472, 22 United States Code (U.S.C.) 3101-3108) allow BEA and BLS to share certain business data for exclusively statistical purposes. Section 524(d) of the CIPSEA requires us to publish a **Federal Register** notice announcing our intent to share data (allowing 60 days for public comment), since BEA respondents were required by law to report the data. Section 524(d) also requires us to provide information about the terms of the agreement for data sharing. For purposes of this notice, BEA has decided to group these terms by three categories. The categories are: • Shared data. • Statistical purposes for the shared data. • Data access and confidentiality. Shared Data BEA proposes to provide the BLS with data collected in the benchmark, annual, and quarterly surveys of U.S. direct investment abroad, of foreign direct investment in the United States, and of U.S. international trade in services, as well as a survey of new foreign direct investments in the United States. BLS will use these data for statistical purposes exclusively. Statistical Purposes for the Shared Data Data collected in the benchmark and annual surveys of direct investment are used to develop estimates of the financing and operations of U.S. parent companies, their foreign affiliates, and U.S. affiliates of foreign companies; data collected in the quarterly direct investment surveys are used to develop estimates of transactions and positions between parents and affiliates; data collected in the new investments survey are used to develop estimates of new foreign direct investments in the United States; and data collected in the benchmark, annual and quarterly surveys of U.S. international trade in services are used to develop estimates of services transactions between U.S. companies and unaffiliated foreign parties. These estimates are published in the *Survey of Current Business* , BEA's monthly journal; in other BEA publications; and on BEA's Web site at *http://www.bea.gov/* . All data are collected under Sections 3101-3108 of Title 22, U.S.C. The data set created by linking these data with the data from the above-designated BLS surveys will be used for several purposes by both agencies, such as to develop detailed industry-level estimates of the employment, payroll, and occupational structure of foreign-owned U.S. companies or of U.S. companies that own foreign affiliates, and to assess the adequacy of current government data for understanding the international outsourcing activities of U.S. companies. Data Access and Confidentiality Title 22, U.S.C. 3104 protects the confidentiality of these data. The data may be seen only by persons sworn to uphold the confidentiality of the information. Access to the shared data will be restricted to specifically authorized personnel and will be provided for statistical purposes only. Any results of this research are subject to BEA disclosure protection. All BLS employees with access to these data will become BEA Special Sworn Employees—meaning that they, under penalty of law, must uphold the data's confidentiality. Selected NAPA employees will provide BEA with expertise on the aspects of the data collected in BEA surveys and in the linked data set that may relate to off-shoring; these NAPA consultants assisting with the work at BEA also will become BEA Special Sworn Employees. No confidential data will be provided to the NAPA. J. Steven Landefeld, Director, Bureau of Economic Analysis. [FR Doc. E6-4418 Filed 3-24-06; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE International Trade Administration [A-201-805] Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from Niples Del Norte S.A. de C.V. (“NDN”), Hylsa S.A. de C.V. (“Hylsa”), Mueller Comercial de Mexico, S. de R.L. de C.V (“Mueller”) and Productos Laminados de Monterrey, S.A. de C.V (“Prolamsa”), four Mexican manufacturers of circular welded non-alloy steel pipe, and Southland Pipe Nipples Co., Inc. (“Southland”), an interested party, the Department of Commerce (“the Department”) initiated an administrative review of the antidumping duty order on circular welded non-alloy steel pipe from Mexico. *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 70 FR 76024 (December 22, 2005). This administrative review covered the period November 1, 2004, through October 31, 2005. We are now rescinding this review due to requests by parties to withdraw from the review and the Department's determination that Prolamsa did not have shipments of subject merchandise during the period of review. EFFECTIVE DATE: March 27, 2006. FOR FURTHER INFORMATION CONTACT: John Drury or Abdelali Elouaradia, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone:
(202)482-0195 or
(202)482-1374, respectively. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on circular welded non-alloy steel pipe from Mexico on November 2, 1992. *See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (“Korea”), Mexico, and Venezuela and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea* , 57 FR 49453 (November 2, 1992). The Department published a notice of “Opportunity to Request an Administrative Review” of the antidumping duty order for the period November 1, 2004, through October 31, 2005, on November 1, 2005. *See* 70 FR 65883. Respondents NDN, Hylsa, Prolamsa, Mueller, and interested party Southland requested that the Department conduct an administrative review of the antidumping duty order on circular welded non-alloy steel pipe and tube from Mexico on November 30, 2005. In response to these requests, the Department published the initiation of the antidumping duty administrative review on circular welded non-alloy steel pipe from Mexico on December 22, 2005. *See* 70 FR 76024. The Department received requests for withdrawal from the administrative review from Mueller, NDN, and Southland on January 31, 2006. The Department received a request for withdrawal from the administrative review from Hylsa on February 27, 2006. Prolamsa On December 14, 2005, the Department received a letter from respondent Prolamsa. The letter indicated that U.S. Customs and Border Protection (“CBP”) liquidated all of Prolamsa's entries of merchandise during the period of review that Prolamsa considered to be covered by the scope of the order. *See* Letter from Prolamsa to the Department, dated December 14, 2005. In response, the Department requested that Prolamsa provide data on all sales of merchandise made during the period of review that Prolamsa considered covered by the order; *see* Memorandum to the File from John Drury, Senior Case Analyst, dated December 19, 2005. Prolamsa provided the requested information; *see* Letter from Prolamsa to the Department, dated December 20, 2005. Petitioners filed comments regarding the information submitted by Prolamsa on January 23, 2006; *see* Letter from Petitioners to the Department, dated January 23, 2006. In response, Prolamsa requested that the Department determine whether the merchandise exported by Prolamsa during the period of review was merchandise subject to the scope of the order; *see* Letter from Prolamsa to the Department, dated February 6, 2006. Based on a review of the evidence on the record, the Department determined that Prolamsa had not sold merchandise subject to the order during the period of review. *See* Letter from the Department to Prolamsa, dated February 14, 2006. Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review under this section, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review. Additionally, the Secretary may rescind an administrative review, if the Secretary concludes that there were no entries or sales of subject merchandise during the POR. *See* 19 CFR 351.213(d)(3). NDN, Mueller, Southland and Hylsa have withdrawn their requests in a timely manner, and the Department determined that Prolamsa did not have sales of subject merchandise during the period of review. Therefore, we are rescinding this review. The Department will issue appropriate assessment instructions to CBP within 15 days of publication of this notice. This notice serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: March 16, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-4398 Filed 3-24-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-560-818] Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from Indonesia AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 27, 2006 SUMMARY: We preliminarily determine that imports of certain lined paper products (“CLPP”) are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733 of the Tariff Act of 1930, as amended (“the Act”). Interested parties are invited to comment on this preliminary determination. We will make our final determination within 75 days after the date of this preliminary determination. FOR FURTHER INFORMATION CONTACT: Brandon Farlander, or Natalie Kempkey, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0182 or
(202)482-1698, respectively. SUPPLEMENTARY INFORMATION: Background On October 6, 2005, the Department of Commerce (“the Department”) initiated the antidumping investigation of CLPP from Indonesia. *See Initiation of Antidumping Duty Investigation: Certain Lined Paper Products from Indonesia* , 70 FR 58374 (October 6, 2005) (“ *Initiation Notice* ”). The Department set aside a period for all interested parties to raise issues regarding product coverage. *See Initiation Notice* . The comments we received are discussed in the “Scope Comments” section below. On October 31, 2005, the International Trade Commission (“ITC”) issued its affirmative preliminary determination that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from Indonesia of CLPP alleged to be sold in the United States at less than fair value. *See Certain Lined Paper School Supplies From China, India, and Indonesia [Investigation Nos. 701-TA-442-443 and 731-TA-1095-1097 (Preliminary)], (ITC Preliminary Report)* 70 FR 62329 ( October 31, 2005). On October 31, 2005, the Department issued Mini-section A quantity and value (“Q&V”) questionnaires to six potential respondents. On November 4, 2005, we issued an extension to the deadline for the Q&V from November 9, 2005, to November 15, 2005. On November 14 and 15, 2005, we issued a memorandum to the file including the responses of two of the six companies from which we requested Q&V information. *See* Memorandum from Natalie Kempkey to the File entitled “November 12, 2005, Letter from P.T. Solo Murni Certain Lined Paper School Supplies from Indonesia;” *see also* Memorandum from Natalie Kempkey to the File entitled “November 15, 2005, Letter from P.T. Locomotif Certain Lined Paper School Supplies from Indonesia.” We received responses from the rest of the companies on November 15, 2005, the extended deadline. On November 17, 2005, we concluded that the only potential respondent was P.T. Pabrik Kertas Tjiwi Kimia T.B.K. (“TK”). *See* the Memorandum from Natalie Kempkey to Susan Kuhbach entitled “Antidumping Investigation of Certain Lined Paper Products from Indonesia: Selection of Respondents.” On November 28, 2005, the Association of American School Paper Suppliers and its individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top Flight, Inc.) (“Petitioner”) alleged that critical circumstances existed with regard to imports from Indonesia, China, and India. On November 18, 2005, we issued Sections A, B, C, and D of the antidumping questionnaire to TK. We received a Section A response from TK on December 9, 2005. On December 20, 2005, TK asked the Department to extend the deadlines for responding to Sections B and C and Section D to January 2 and 9, 2006, respectively. On December 20, 2006, we granted TK's request. We received the Section B-D responses on the extended deadlines. On January 26, 2006, the Department sent out its second supplemental questionnaire for Section D. This response was due by February 10, 2006. We did not receive a timely response from TK for this supplemental questionnaire. On February 3, 2006, the Department issued a third supplemental questionnaire on sections A-C, due by February 17, 2006. We did not receive a timely response from TK for this third supplemental questionnaire. On January 30, 2006, the Department issued a letter to Tri-Coastal Design Group, Inc. (“Tri-Coastal”) questioning whether Tri-Coastal is an importer of subject merchandise consistent with 19 CFR. 351.102(b) and whether Tri-Coastal qualifies as an interested party to this proceeding consistent with 19 U.S.C. 1677(a). Tri-Coastal responded via a letter dated February 1, 2006, which the Department received on February 6, 2006, that it does not qualify as an interested party. Tri-Coastal subsequently withdrew its appearance in this investigation, resulting in Tri-Coastal's removal from the APO and Public Service lists of this proceeding. On March 20, 2006, the Department issued a Memorandum to the File concerning the Department's conversation with counsel for TK on February 17, 2006, confirming that TK would not respond to further Department supplemental questionnaires and that TK did not expect the Department to verify TK's information on the record. *See* Memorandum from Damian Felton to the File, dated March 20, 2006, and entitled “Conversation with Counsel for PT. Pabrik Kertas Tjiwi Kimia Tbk. Regarding Respondent's Withdrawal from Active Participation.” Period of Investigation The period of investigation is July 1, 2004, through June 30, 2005. Scope of Investigation The scope of this investigation includes certain lined paper products, typically school supplies (for purposes of this scope definition, the actual use of or labeling these products as school supplies or non-school supplies is not a defining characteristic) composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets (there shall be no minimum page requirement for looseleaf filler paper) including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product ( *i.e.* , stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of this investigation whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated , included with, or attached to the product, cover and/or backing thereto. Specifically excluded from the scope of this investigation are: • Unlined copy machine paper; • Writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper; • Three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper; • Index cards; • Printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap; • Newspapers; • Pictures and photographs; • Desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”); • Telephone logs; • Address books; • Columnar pads & tablets, with or without covers, primarily suited for the recording of written numerical business data; • Lined business or office forms, including but not limited to: preprinted business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books; • Lined continuous computer paper; • Boxed or packaged writing stationary (including but not limited to products commonly known as “fine business paper,” “parchment paper, “ and “letterhead”), whether or not containing a lined header or decorative lines; • Stenographic pads (“steno pads”), Gregg ruled (“Gregg ruling” consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book.), measuring 6 inches by 9 inches; Also excluded from the scope of this investigation are the following trademarked products: • Fly TM lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a Fly TM pen-top computer. The product must bear the valid trademark Fly TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • Zwipes TM : A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a Zwipes TM pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar®Advance TM : A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1” wide elastic fabric band. This band is located 2-3/8” from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar®Advance TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar Flex TM : A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar Flex TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). Merchandise subject to this investigation is typically imported under headings 4820.10.2050, 4810.22.5044, 4811.90.9090 of the Harmonized Tariff Schedule of the United States (HTSUS). During the investigation additional HTS codes may be identified. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the investigation is dispositive. Scope Comments In accordance with the preamble to our regulations ( *see Antidumping Duties; Countervailing Duties* , 62 FR 27296 (May 19, 1997)), in our *Initiation Notice* we set aside a period of time for parties to raise issues regarding product coverage and encouraged all parties to submit comments within 20 calendar days of publication of the *Initiation Notice* . On October 28, 2005, Continental Accessory Corporation (“Continental”) submitted timely scope comments in which it argues that the Department should issue a ruling that the scope of this investigation does not cover “fashion stationery,” a niche lined paper product. Continental argues that fashion stationery is substantially different from subject commodity-grade lined paper products because of differences in physical appearance, production methods, costs, consumer expectations, and other factors. Continental also argues that none of the domestic petitioners has the capability of manufacturing fashion stationery in the United States. On November 16, 2005, Petitioner submitted rebuttal comments. Petitioner argues that what Continental refers to as “stationery,” and “fashion goods,” is actually nothing more than notebooks. Contrary to Continental's allegation, Petitioner claims these notebooks are “substantially produced” within the United States. Petitioner states that the language of the scope is clear in describing the products for which relief is sought, “certain lined paper products regardless of the material used for a front or back cover, regardless of the inclusion of material on the front and cover, and regardless of the binding materials.” Petitioner also argues that Continental's claim that fashion notebooks “are not intended to be included with covered merchandise” is baseless. Petitioner states that Continental has provided no evidence to demonstrate that the purchaser views fashion notebooks as a higher value product. Lastly, Petitioner notes that the ITC has already rejected Continental's claims that its fashion books are not within the scope of the domestic like product or should be treated as a separate like product. *See ITC Preliminary Report* . As further discussed in the March 20, 2006, memorandum entitled “Scope Exclusion Request: Continental Accessory Corporation” (on file in the Department's Central Records Unit), we denied Continental's request that its fashion notebooks be excluded from the scope of the investigation. Use of Facts Otherwise Available For the reasons discussed below, we determine that the use of adverse facts available (“AFA”) is appropriate for the preliminary determination with respect to TK. See Memorandum to the File from Natalie Kempkey entitled “Preliminary Determination in the Antidumping Duty Investigation of Certain Lined Paper Products from Indonesia: Corroboration of Total Adverse Facts Available Rate,” dated March 20, 2006. A. Use of Facts Available Section 776(a)(2) of the Act provides that, if an interested party withholds information requested by the administering authority, fails to provide such information by the deadlines for submission of the information and in the form or manner requested, subject to subsections (c)(1) and
(e)of section 782 of the Act, significantly impedes a proceeding under this title, or provides such information but the information cannot be verified as provided in section 782(i), the administering authority shall use, subject to section 782(d) of the Act, facts otherwise available in reaching the applicable determination. Section 782(d) of the Act provides that, if the administering authority determines that a response to a request for information does not comply with the request, the administering authority shall promptly inform the responding party and provide an opportunity to remedy the deficient submission. Section 782(e) of the Act further states that the Department shall not decline to consider submitted information if all of the following requirements are met:
(1)the information is submitted by the established deadline;
(2)the information can be verified;
(3)the information is not so incomplete that it cannot serve as a reliable basis for reaching the applicable determination;
(4)the interested party has demonstrated that it acted to the best of its ability; and
(5)the information can be used without undue difficulties. In this case, TK did not provide information we requested that is necessary to calculate an antidumping margin for the preliminary determination. Specifically, TK did not respond to two of the Department's supplemental questionnaires. We note that information requested in those supplemental questionnaires is necessary for the Department to complete its analysis and calculations. Thus, in reaching our preliminary determination, pursuant to section 776(a)(2)(A), and
(C)of the Act, we have based TK's dumping margin on facts otherwise available. B. Application of Adverse Inferences for Facts Available In applying adverse inferences to facts otherwise available, section 776(b) of the Act provides that, if the administering authority finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority, in reaching the applicable determination under this title, the administering authority may use an inference adverse to the interests of that party in selecting from among the facts otherwise available. *See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination: Certain Circular Welded Carbon-Quality Line Pipe From Mexico* , 69 FR 59892 (October 6, 2004). Adverse inferences are appropriate “to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.” *See* Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H. Doc. No. 103-316, at 870
(1994)(“SAA”). Further, “affirmative evidence of bad faith, or willfulness, on the part of a respondent is not required before the Department may make an adverse inference.” *See Antidumping Duties; Countervailing Duties* , 62 FR 27296 (May 19, 1997). Although the Department provided the respondent with notice of the consequences of failure to respond adequately to the supplemental questionnaires in this case, TK did not respond to the supplemental questionnaires. This constitutes a failure on the part of TK to cooperate to the best of its ability to comply with a request for information by the Department within the meaning of section 776 of the Act. Therefore, the Department has preliminarily determined that, in selecting from among the facts otherwise available, an adverse inference is warranted. *See, e.g., Notice of Final Determination of Sales at Less than Fair Value: Circular Seamless Stainless Steel Hollow Products from Japan* , 65 FR 42985 (July 12, 2000) (the Department applied total AFA where the respondent failed to respond to the antidumping questionnaire). C. Selection and Corroboration of Information Used as Facts Available Where the Department applies AFA because a respondent failed to cooperate by not acting to the best of its ability to comply with a request for information, section 776(b) of the Act authorizes the Department to rely on information derived from the petition, a final determination, a previous administrative review, or other information placed on the record. *See also* 19 CFR 351.308(c) and SAA at 829-831. In this case, because we are unable to calculate a margin based on TK's own data and because an adverse inference is warranted, we have assigned to TK the highest margin alleged in the petition and which we included in the notice of initiation of this investigation. *See Initiation Notice* , 70 FR 58374. When using facts otherwise available, section 776(c) of the Act provides that, when the Department relies on secondary information (such as the petition), it must, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. The SAA clarifies that “corroborate” means the Department will satisfy itself that the secondary information to be used has probative value. *See* SAA at 870. The Department's regulations state that independent sources used to corroborate such evidence may include, for example, published price lists, official import statistics and customs data, and information obtained from interested parties during the particular investigation. *See* 19 CFR 351.308(d) and SAA at 870. For the purposes of this investigation, to the extent appropriate information was available, we reviewed the adequacy and accuracy of the information in the petition during our pre-initiation analysis. *See* the September 29, 2005, Office of AD/CVD Operations Initiation Checklist ( *Initiation Checklist* ) on file in Import Administration's Central Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. For this preliminary determination, we examined evidence supporting the calculations in the petition to determine the probative value of the margins in the petition. In accordance with section 776(c) of the Act, to the extent practicable, we examined the key elements of the export-price and normal-value calculations on which the margins in the petition were based. We find that the estimated margins we set forth in the *Initiation Notice* have probative value. *See* Memorandum to the File from Natalie Kempkey entitled “Preliminary Determination in the Antidumping Duty Investigation of Certain Lined Paper Products from Indonesia: Corroboration of Total Adverse Facts Available Rate,” dated March 20, 2006. Therefore, in selecting AFA with respect to TK, we have applied the margin rate of 118.63 percent, the highest estimated dumping margin set forth in the notice of initiation. *See Initiation Notice* . All Others Rate Section 735(c)(5)(B) of the Act provides that, where the estimated weighted-average dumping margins established for all exporters and producers individually investigated are zero or *de minimis* or are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated “all others” rate for exporters and producers not individually investigated. This provision contemplates that the Department may weight-average margins other than the zero, *de minimis* , or facts-available margins to establish the “all others” rate. For purposes of determining the “all others” rate and pursuant to section 735(c)(5)(B) of the Act, we have calculated a simple average of the two margin rates from the petition. As such, we shall use the weighted-average percent of 97.85 percent as the “all others” rate. Critical Circumstances A. TK On November 28, 2005, Petitioner requested that the Department make an expedited finding that critical circumstances exist with respect to CLPP from Indonesia. Petitioner alleged that there is a reasonable basis to believe or suspect that critical circumstances exist with respect to the subject merchandise. Petitioner based its allegation on evidence of retailers engaging in negotiations that would cause a surge of imports of subject merchandise into the United States from December 2005 through February 2006 (in advance of the preliminary determination date) in order to avoid duties. In accordance with 19 CFR 351.206(c)(2), since this allegation was filed earlier than the deadline for the Department's preliminary determination, we must issue our preliminary critical circumstances determination not later than the preliminary determination. *See Policy Bulletin 98/4 regarding Timing of Issuance of Critical Circumstances Determinations* , 63 FR 55364 (October 15, 1998). Section 733(e)(1)(A) of the Act provides that the Department will preliminarily determine that critical circumstances exist if there is a reasonable basis to believe or suspect that:
(i)there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise; or
(ii)the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales. The statute and the SAA are silent as to how we are to make a finding that there was knowledge that there was likely to be material injury. Therefore, Congress has left the method of implementing this provision to the Department's discretion. In determining whether the relevant statutory criteria have been satisfied, we considered:
(i)Import statistics from the ITC Dataweb, and
(ii)the ITC preliminary injury determination. *See ITC Preliminary Report* . To determine whether there is a history of injurious dumping of the merchandise under investigation, in accordance with section 733(e)(1)(A)(i) of the Act, the Department normally considers evidence of an existing antidumping duty order on the subject merchandise in the United States or elsewhere to be sufficient. *See Preliminary Determination of Critical Circumstances: Steel Concrete Reinforcing Bars From Ukraine and Moldova* , 65 FR 70696 (November 27, 2000). Because we are not aware of any antidumping order in any country on CLPP from Indonesia, we do not find that a reasonable basis exists to believe or suspect that there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise. For this reason, the Department does not find a history of injurious dumping of CLPP from Indonesia pursuant to section 733(e)(1)(A)(i) of the Act. To determine whether the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value in accordance with section 733(e)(1)(A)(ii) of the Act, the Department normally considers margins of 25 percent or more for export price sales, or 15 percent or more for constructed export price transactions, sufficient to impute knowledge of dumping. See Preliminary Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China, 62 FR 31972, 31978 (June 11, 1997). For the reasons explained above, we have assigned a margin of 118.63 percent to TK. Based on this margin, we have imputed importer knowledge of dumping for TK. *See Notice of Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances: Wax and Wax/Resin Thermal Transfer Ribbons from Japan, (TTR from Japan)* 68 FR 71072, 71076 (December 22, 2003). In determining whether there is a reasonable basis to believe or suspect that an importer knew or should have known that there was likely to be material injury by reason of dumped imports consistent with section 733(e)(1)(A)(ii) of the Act, the Department normally will look to the preliminary injury determination of the ITC. *See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils From Japan, (Stainless Steel from Japan)* 64 FR 30573, 30578 (June 8, 1999). The ITC preliminarily found material injury to the domestic industry due to imports from Indonesia of CLPP, which are alleged to be sold in the United States at less than fair value and, on this basis, the Department may impute knowledge of likelihood of injury to these respondents. *See ITC Preliminary Report* . Thus, we determine that the knowledge criterion for ascertaining whether critical circumstances exist has been satisfied. Since TK has met the first prong of the critical circumstances test according to section 733(e)(1)(A) of the Act, we must examine whether its imports were massive over a relatively short period. Section 733(e)(1)(B) of the Act provides that the Department will preliminarily determine that critical circumstances exist if there is a reasonable basis to believe or suspect that there have been massive imports of the subject merchandise over a relatively short period. Section 351.206(h)(1) of the Department's regulations provides that, in determining whether imports of the subject merchandise have been “massive,” the Department normally will examine:
(i)The volume and value of the imports;
(ii)seasonal trends; and
(iii)the share of domestic consumption accounted for by the imports. In addition, 19 CFR 351.206(h)(2) provides that an increase in imports of 15 percent during the “relatively short period” of time may be considered “massive.” Section 351.206(i) of the Department's regulations defines “relatively short period” as normally being the period beginning on the date the proceeding begins ( *i.e.* , the date the petition is filed) and ending at least three months later. The Department's regulations also provide, however, that if the Department finds that importers, exporters, or producers had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, the Department may consider a period of not less than three months from that earlier time. On February 6, 2006, TK filed company-specific monthly import data for shipments of subject merchandise to the United States for January 2003 through January 2006. However, we are disregarding this information because, as noted above, TK has withdrawn from the investigation and we will not be able to verify this data. Therefore, the Department must base its determination on facts available. Moreover, because of TK's failure to cooperate, we have made an adverse inference that there were massive imports from TK over a relatively short period. *See TTR from Japan* , 68 FR at 71077. In this case, the Department is unable to use information supplied by U.S. Customs and Border Protection
(CBP)to corroborate whether massive imports occurred because the HTS numbers listed in the scope of the investigation are basket categories that include non-subject merchandise and, thus, do not permit the Department to make an accurate analysis. *See Stainless Steel from Japan* , 64 FR at 30585. In addition, the SAA states that, “The fact that corroboration may not be practicable in a given circumstance will not prevent the agencies from applying an adverse inference under subsection (b).” *See SAA* at 870. Based upon the above, we preliminarily find critical circumstances with respect to TK. B. All Others It is the Department's normal practice to conduct its critical circumstances analysis of companies in the “all others” group based on the experience of investigated companies. *See Notice of Final Determination of Sales at Less Than Fair Value: Certain Steel Concrete Reinforcing Bars from Turkey* , 62 FR 9737, 9741 ( March 4, 1997) (the Department found that critical circumstances existed for the majority of the companies investigated and, therefore, concluded that critical circumstances also existed for companies covered by the “all others” rate). However, the Department does not automatically extend an affirmative critical circumstances determination to companies covered by the “all others” rate. *See Stainless Steel from Japan* , 64 FR at 30585. Instead, the Department considers the traditional critical circumstances criteria with respect to the companies covered by the “all others” rate. First, in determining whether there is a reasonable basis to believe or suspect that an importer knew or should have known that the exporter was selling CLPP at less than fair value, we look to the “all others” rate. *See TTR from Japan* , 64 FR at 71077. The dumping margin for the “all others” category, 97.85 percent, exceeds the 15 percent threshold necessary to impute knowledge of dumping consistent with 19 CFR 351.206. Second, based on the ITC's preliminary material injury determination, we also find that importers knew or should have known that there would be material injury from the dumped merchandise consistent with 19 CFR. 351.206. *See ITC Preliminary Report* . Finally, with respect to massive imports, we are unable to base our determination on our findings for TK because our determination for TK was based on AFA. Consistent with *TTR from Japan* , 68 FR at 71077, we have not inferred, as AFA, that massive imports exist for “all others” because, unlike TK, the “all others” companies have not failed to cooperate in this investigation. Therefore, an adverse inference with respect to shipment levels by the “all others” companies is not appropriate. The approach taken in *Notice of Final Determination of Sales at Less Than Fair Value: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Japan* , 64 FR 24239 (May 6, 1999) and *Notice of Final Determinations of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From Argentina, Japan and Thailand* , 65 FR 5220, 5227 (February 4, 2000), was to examine CBP data on overall imports from the countries in question to see if the Department could ascertain whether an increase in shipments occurred within a relatively short period following the point at which importers had reason to believe that a proceeding was likely. However, we are unable to rely on information supplied by CBP because in this investigation the HTS numbers listed in the scope of the investigation are basket categories that include non-subject merchandise. Lacking information on whether there was a massive import surge for the “all others” category, we are unable to determine whether there have been massive imports of CLPP from the producers included in the “all others” category. *See TTR from Japan* , 68 FR at 71077. Consequently, the third criterion necessary for determining affirmative critical circumstances has not been met. Therefore, we have preliminarily determined that critical circumstances do not exist for imports of CLPP from Indonesia for companies in the “all others” category. Suspension of Liquidation In accordance with section 733(d) of the Act, we are directing CBP to suspend liquidation of all entries of CLPP from Indonesia that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the **Federal Register** . For P.T. Pabrik Kertas Tjiwi Kimia T.B.K., we are directing CBP to suspend liquidation of all imports of subject merchandise that are entered or withdrawn from warehouse, for consumption on or after the date 90 days prior to the date of publication of this notice in the **Federal Register** . *See* section 733(e)(2) of the Act. We will instruct CBP to require a cash deposit or the posting of a bond equal to the margins, as indicated in the chart below. These suspension-of-liquidation instructions will remain in effect until further notice. The dumping margins are as follows: Manufacturer or Exporter Margin (percent) P.T. Pabrik Kertas Tjiwi Kimia T.B.K. 118.63 All Others 97.85 International Trade Commission Notification In accordance with section 733(f) of the Act, we have notified the ITC of our preliminary determination of sales at less than fair value. If our final antidumping determination is affirmative, the ITC will determine whether the imports covered by that determination are materially injuring, or threatening material injury to, the U.S. industry. The deadline for the ITC's determination would be the later of 120 days after the date of this preliminary determination or 45 days after the date of our final determination. Public Comment Case briefs for this investigation must be submitted no later than 30 days after the publication of this notice. Rebuttal briefs must be filed within five days after the deadline for submission of case briefs. A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. Executive summaries should be limited to five pages total, including footnotes. Section 774 of the Act provides that the Department will hold a hearing to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party. If a request for a hearing is made in an investigation, the hearing normally will be held two days after the deadline for submission of the rebuttal briefs at the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request within 30 days of the publication of this notice. Requests should specify the number of participants and provide a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. We will make our final determination within 75 days after the date of this preliminary determination. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act. Dated: March 20, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-4399 Filed 3-24-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 031606A] Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Issuance of an Incidental Take Permit AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; scoping meetings. SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that NOAA's National Marine Fisheries Service
(NMFS)intends to gather the necessary information to prepare an Environmental Impact Statement (EIS). The EIS will examine the proposed implementation of a Habitat Conservation Plan
(HCP)and issuance of one incidental take permit
(ITP)in accordance the Federal Endangered Species Act (ESA), as amended. The U.S. Forest Service
(USFS)and the U.S. Fish and Wildlife Service (USFWS) will be participating as Federal cooperating agencies. The USFS manages land in close proximity to the project area and, therefore, has an interest is the analysis of the proposed action. The applicant may seek an ITP from the USFWS for coverage for species under its jurisdiction; therefore, the USFWS is participating in the scoping process for EIS development. DATES: We must receive written comments on alternatives and issues to be addressed in the EIS May 26, 2006. We will hold public scoping meetings on: Tuesday, June 6, 2006, at East Portland Community Center, 740 SE 106 th Avenue, Portland, OR from 6 p.m. to 7 p.m., and on Wednesday, June 7, 2006, at Portland City Hall, Lovejoy Room, 1221 SW 4 th Avenue, Portland, OR from 5 p.m. to 7 p.m.. We will accept oral and written comments at these meetings. ADDRESSES: Comments and requests for information should be sent to Ben Meyer, Branch Chief, Willamette Basin Habitat Branch, NMFS, 1201 NE Lloyd Blvd, Suite 1100 Portland, OR 97232, or by facsimile
(503)231-6893; or Joe Zisa, Supervisor, Land and Water Conservation Division, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 S.E. 98th Ave., Portland, OR 9726, or by facsimile
(503)231-6195. Comments may be submitted by e-mail to the following address: *BullRunHCP.nwr@noaa.gov* . In the subject line of the e-mail, include the document identifier: Bull Run HCP EIS. Comments and materials received will be available to public inspection, by appointment, during normal business hours at the above addresses. FOR FURTHER INFORMATION CONTACT: Joe Zisa, USFWS,
(360)231-6961 or Ben Meyer, NMFS,
(503)230-5425. SUPPLEMENTARY INFORMATION: The permit applicant is the City of Portland, Bureau of Water Works (PWB). PWB intends to request an ITP for four fish species: Chinook salmon ( *Oncorhynchus tshawytscha* ), chum salmon ( *Oncorhynchus keta* ), coho salmon ( *Oncorhynchus kisutch* ) and steelhead/rainbow trout ( *Oncorhynchus mykiss* ), which are listed as threatened under the ESA. The PWB may also seek coverage for four species of concern under the jurisdiction of the USFWS - cutthroat trout ( *Oncorhynchus clarki* ), Pacific lamprey ( *Lampetra tridentata* ), western brook lamprey ( *Lampetra richardsoni* ), and river lamprey ( *Lampetra ayresi* ), should these species be listed in the future. The PWB, NMFS, and USFWS are also considering coverage for aquatic/riparian species that, if present, could be potentially affected by proposed flow alteration and riparian habitat management measures. The species under consideration include: Cope's giant salamander ( *Dicamptodon copei* ), Cascade torrent salamander ( *Rhyacitruton cascadae* ), northern red-legged frog ( *Rana aurora aurora* ; species of concern), Cascades frog ( *Rana cascadae* ; species of concern), coastal tailed frog ( *Ascaphus truei* ; species of concern), western toad ( *Bufo boreas* ), western painted turtle ( *Chrysemys picta belli* ), and northwestern pond turtle ( *Clemmys marmorata marmorata* ; species of concern). The PWB and NMFS will undertake a process to evaluate the possibility for impacts to these species, the implications of covering them in the HCP, and the analysis necessary in the EIS. If the species are covered, appropriate conservation measures will be included in the HCP. The PWB, NMFS, and USFWS are also considering coverage for forest-dwelling species that, if present, could be potentially affected by proposed riparian habitat management measures and noise generated during water supply system operation, maintenance, and repair. Species under consideration include: clouded salamander ( *Aneides ferreus* ), fisher ( *Martes pennanti* ), Oregon slender salamander ( *Batrachoseps wrighti* ; species of concern), Larch Mountain salamander ( *Plethodon larselli* ; species of concern), bald eagle ( *Haliaeetus leucocephalus* ; threatened), and northern spotted owl ( *Strix occidentalis caurina* ; threatened). The PWB and USFWS will undertake a process to evaluate the possibility for impacts to these species, the implications of covering them in the HCP, and the analysis necessary in the EIS. If the species are covered, appropriate conservation measures will be included in the HCP. The permits would authorize incidental take for specified PWB activities within the Sandy River Basin for a period of 50 years: storage and withdrawal of water from the Bull Run River watershed; operation, maintenance, and repair of existing water supply facilities; generation of electricity (as a byproduct of water supply operation); related land management activities; and biological monitoring. The HCP would provide measures to minimize and mitigate impacts of the proposed incidental taking of listed species and the habitats upon which they depend. NMFS is furnishing this notice to advise other agencies and the public of our intentions; and to obtain suggestions and information on the scope of issues to include in the EIS. Written comments and suggestions are invited from all interested parties to ensure that the full range of issues related to the NMFS proposed action is identified as well as possible issues related to USFWS species coverage. All comments and suggestions will become part of the administrative record and may be released to the public, including respondents' names and addresses. Section 10 of the ESA contains provisions for the issuance of incidental take permits to non-federal entities for the take of endangered and threatened species, provided that take is incidental to otherwise lawful activities and will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. In support of the request for an incidental take permit, the applicant must prepare and submit an HCP to NMFS (and possibly to the USFWS if jurisdictional coverage is considered) describing measures that will be implemented to minimize and mitigate the impacts of the proposed activities to the maximum extent practicable. The applicant must also demonstrate that adequate funding will be provided to ensure that the HCP will be implemented and monitored throughout the proposed term of the plan. Background The 140-square-mile (362.6 km) Bull Run watershed lies within the Sandy River Basin in the western foothills of the Cascade Mountains, east of Portland, OR. Primarily within the Mt. Hood National Forest, Bull Run has been a water resource for the City of Portland since 1895. In 1904, a Federal statute restricted access to the watershed to protect the water quality for municipal use. Subsequent laws help protect Portland's water supply, including Public Law 95-200, which established the Bull Run Watershed Management Unit. The Bull Run water supply system serves drinking water to approximately 800,000 Oregonians, representing nearly one-fourth of Oregon's population. In fiscal year 2002-2003 the PWB estimates it served more than 482,500 in-city customers. The PWB also serves wholesale customers within Multnomah and Washington Counties. Portland's system is configured to serve a wholesale population of 420,000 and routinely provides wholesale service to over 300,000 people. The PWB owns and operates two dams on the Bull Run River that impound two reservoirs (Bull Run Reservoirs Nos.1 and 2). The reservoirs store an estimated 17 billion gallons of water, of which about 10 billion gallons are usable for drinking water within the operating constraints of an unfiltered water system. The PWB's activities associated with operation and maintenance of the Bull Run water supply system have the potential to affect species subject to protection under the ESA. In addition to PWB's activities, The Sandy River Basin Agreement
(SRBA)partners are working on salmonid recovery in the Sandy Basin. The SRBA is comprised of more than a dozen public and private organizations. To address potential PWB operation and maintenance effects, PWB worked with the SRBA partners to develop a proposed package of conservation measures. The intent is to use the proposed conservation measures as a framework from which the PWB will develop the draft Habitat Conservation Plan. Purpose and Need Section 9 of the ESA prohibits the ''taking'' of threatened and endangered species. NMFS (and possibly the USFWS if jurisdictional coverage is considered) may, however, under limited circumstances, issue permits to take federally listed and candidate species, when such a taking is incidental to, and not the purpose of, otherwise lawful activities. The term ''take'' under the ESA means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct. Regulations governing permits for threatened and endangered species are at 50 CFR 17.22. Section 10(a)(1)(B) of the ESA and regulations at 50 CFR 17.32 contain provisions for issuing ITPs to non-federal entities for the take of threatened and endangered species, provided the Services determine the following criteria are met:
(1)The taking will be incidental;
(2)the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking;
(3)the applicant will develop an HCP and ensure that adequate funding for the HCP will be provided;
(4)the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and
(5)any other measures that the Services may require as being necessary or appropriate for the purposes of the HCP to be met. The purposes of the Proposed Action are to:
(1)Authorize incidental take of certain listed and unlisted species in the Bull Run watershed and the Sandy River that may be affected by the PWB's Bull Run water supply system operations and maintenance;
(2)minimize and mitigate the impacts of any incidental take of covered species that might occur as a result of operation and maintenance of the Bull Run water supply system; and
(3)provide PWB with reasonable regulatory assurances that additional mitigation measures to address impacts on covered species would not be required beyond the measures described in the 50-year HCP. The need for the proposed action - issuance of an ITP based on an acceptable HCP is to protect listed species through compliance with the ESA while managing the Bull Run water supply system on a long-term basis. The goal is for the ITP and the HCP to be consistent with PWB's obligations to:
(1)Provide cost-effective minimization and mitigation measures for incidental take;
(2)ensure an adequate long-term water supply at reasonable cost to ratepayers; and
(3)comply with state water quality standards and total maximum daily load
(TMDL)designations for the Bull Run and Sandy River Basin. The needs and goals for NMFS are to conserve listed species and their habitats and associated species during PWB's proposed activities to ensure compliance with the ESA and other applicable laws and regulations. NMFS and PWB consider implementation of an HCP to be an appropriate means of reconciling PWB's proposed activities with the prohibitions against take and other conservation mandates of the ESA. In the event that the USFWS becomes a co-lead agency for EIS development, its needs and goals will be the same as those described above. Proposed Action The Proposed Action by NMFS is the issuance of an ITP (and perhaps an additional ITP from USFWS) based on an acceptable HCP for specific listed and unlisted species for PWB's operation and maintenance of the Bull Run water supply system for a period of 50 years, pursuant to section 10(a)(1)(B) of the ESA. PWB is applying for ITPs for the federally listed and nonlisted species described above. Other listed and unlisted species for which PWB is not seeking permit coverage may also benefit from the conservation measures provided in the HCP. Covered lands proposed for incidental take include all lands within the hydrologic boundary of the Sandy River Basin but only to the extent those lands are affected by the covered activities and/or the conservation measures. Proposed coverage in the HCP is driven primarily by PWB activities as they may affect aquatic and riparian species, not by land ownership or management of land by the City. Associated facilities include, but are not limited to: Bull Run Dam Nos. 1 and 2 and associated structures Reservoir No. 1 (Lake Ben Morrow) and Reservoir No. 2 Diversion Dam and Pool below Dam No. 2 Powerhouses and associated structures at Dam Nos. 1 and 2 Reservoir log booms and other reservoir structures Headworks facility (screens, chlorination facility, operation equipment) Water supply conduits (including interties and blowoffs), bridges, and trestles Roads and other paved/graveled surfaces on non-federal lands Water quality monitoring stations and flow gauges Microwave communication towers PWB facilities located outside the Sandy River Basin (e.g., urban reservoirs, water distribution system, Columbia South Shore Well Field) will not be covered in the ITPs. The PWB facilities at Bull Run Lake are also not proposed for coverage. The PWB and NMFS do not anticipate significant new facilities or major modifications to existing Bull Run water supply system facilities during the term of the ITPs. If they were proposed, future coverage of new facilities would require possible amendment of the HCP and further NEPA review. The ITP would cover activities associated with the lands and facilities described above. These include: • Storage of water behind Dam No. 1 and Dam No. 2 on the Bull Run River, and withdrawal of water from the Bull Run River at the headworks diversion dam downstream of Dam No. 2 at River Mile 5.8. The amount and timing of water storage and withdrawal would be determined by the City to meet water demand, within the limits to be specified in the HCP to maintain appropriate instream flow, water quality, and temperature. • Operation, maintenance, and repair of water supply facilities, including but not limited to adjustment of water intake depth to regulate temperature, turbidity, and color; removal of debris (including logs) from reservoirs; operation of boats and barges on reservoirs; delivery and storage of fuel and lubricants for water supply system vehicles and equipment; flushing and de-chlorination of diversion conduits; and general landscape maintenance in and around facilities. • Generation of electricity at Dam No. 1 and Dam No. 2 as a byproduct of water supply operation, subject to limits on the release of water through the turbines (ramping rates) to be specified in the HCP. • Related land management activities such as maintenance and repair of roads, bridges, culverts, and parking lots on non-federal lands in the watershed; management of City-owned riparian lands in the watershed; operation and maintenance of Dodge Park; and operation and maintenance of the Sandy River Station headquarters and yard. • Implementation of habitat conservation measures and monitoring measures included in the HCP. • Two specific improvements at DAM 2 intake towers and spillway weir. Intake towers would be modified to allow for improved water temperature management, and fish screens would be installed. Spillway weir will be rebuilt to protect water supply conduits from the energy of the spillway flow. The PWB is not applying for coverage of forest management or other land management activities on federal land (e.g., road maintenance, building maintenance, communication system maintenance), and the potential associated effects of habitat manipulation of terrestrial species (e.g., northern spotted owl). Mechanisms other than implementing an HCP (e.g., ESA consultations) have been, and will be, used to deal with ESA compliance issues affecting those species and activities, when and if they arise. Conservation Measures The PWB, in negotiation with the Services and with the assistance of the Sandy River Basin Agreement
(SRBA)partners, has identified possible conservation measures that could provide ecological compensation for incidental take. Identified conservation measures have the following biological objectives: Increase minimum flows in lower Bull Run River to improve spawning and rearing habitat. Minimize fish stranding by controlling river flow fluctuations. Provide improved summer rearing water temperatures for steelhead. Increase availability of spawning gravel in the lower Bull Run River. Improve habitat in the Sandy Basin. Preserve riparian habitat along the lower Bull Run River. Protect instream flows in the Little Sandy River. Minimize mortality of cutthroat trout in Bull Run Reservoir 2. Protect and improve riparian habitat along the lower and middle mainstem Sandy River and the Salmon River. Improve instream habitat in the Sandy Basin. Restore access to blocked habitat in the Sandy Basin. The PWB is proposing to implement conservation measures to address these objectives for the duration of the HCP and term of the ITPs. The preliminary package of measures is documented as draft conservation measures available from the PWB. Implementation would also include monitoring compliance with and effectiveness of the HCP provisions and regular reporting to NMFS (and perhaps to the USFWS if an ITP is issued under its jurisdiction). Adaptive management, as will be specified in the HCP and associated federal Implementation Agreement, could result in the modification and improvement of HCP measures in response to new information. Preliminary Alternatives The EIS shall consider a range of alternative conservation strategies that satisfy the project purpose and need. These alternatives, including the Proposed Action, will be documented in the draft EIS. Those alternatives best satisfying the underlying need as well as addressing the project objectives of both the PWB and NMFS will be fully evaluated in the draft EIS. In addition, a No Action Alternative will be evaluated that considers actions likely to occur in the absence of the HCP. It is anticipated that, in addition to the No Action Alternative, the draft EIS will provide a full evaluation of one or two other alternatives that satisfy section 10 of the ESA and NEPA requirements for alternatives analyses. These alternative conservation strategies could describe sets of actions intended to further reduce the risk of take, or describe different or additional measures intended to mitigate the impacts of the proposed incidental take. An alternative that includes transporting fish around the Bull Run dams will be evaluated. Other examples of potential alternatives include different flow regimes or altered conservation measure implementation schedules. Additional project alternatives may be developed based on input received as a result of this notice and the scoping process. NMFS Scoping NMFS and its cooperating agencies invite comments from all interested parties to ensure that the full range of issues related to the permit requests are addressed and that all significant issues are identified. Comments are encouraged on potential impacts related to all species described above in the event that the USFWS considers species under its jurisdiction for coverage. No additional NEPA scoping is anticipated if the USFWS becomes a co-lead agency for the preparation of this EIS. We will conduct the environmental review of the permit applications in accordance with the requirements of the NEPA (42 U.S.C. 4321 *et seq.* ), other appropriate Federal laws, and regulations, policies, and procedures of the Services for compliance with those regulations. Comments and suggestions are invited from all interested parties to ensure the full range of alternatives related to this proposed action, including possible USFWS species coverage, and all significant issues are identified. NMFS and the USFWS request that comments be as specific as possible. Comments are requested to include information, issues, and concerns regarding: The direct, indirect, and cumulative effects that implementation of the proposal could have on all NMFS or USFWS-listed endangered and threatened species described above for coverage or potential coverage, or their habitats; other possible alternatives; potential adaptive management and/or monitoring provisions; funding issues; baseline environmental conditions; other plans or projects that might be relevant to this project; and minimization and mitigation measures. In addition to considering impacts to threatened and endangered species and their habitats, the EIS will analyze the effects the alternatives would cause to other components of the human environment. As a result, comments are also solicited regarding these other components of the human environment, which may include the following: air quality; water quality and quantity; geology and soils; cultural resources; social resources; economic resources; and environmental justice. After the environmental review is completed, NMFS will publish a notice of availability and a request for comment on the draft EIS and PWB's permit applications, which will include the draft HCP and draft Implementation Agreement. The draft EIS, draft HCP, and draft Implementation Agreement may include actions by the USFWS, which would be described in the notice of availability. Dated: March 22, 2006. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-4397 Filed 3-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 030602141-6075-36; I.D. 061505A] RIN 0648-ZB55 Availability of Grant Funds for Fiscal Year 2006 AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice; availability of grant funds. SUMMARY: The National Oceanic and Atmospheric Administration
(NOAA)has published two omnibus notices announcing an availability of grant funds for Fiscal Year 2006. The purpose of those notices was to provide the general public with a consolidated source of program and application information related to NOAA's competitive grant offerings. In those announcements, it was noted that additional program initiatives unanticipated at the time of the publication of this notice may be announced later in the year. This is such an announcement, for grant funding opportunities now being offered by programs within the NOAA Office of Oceanic and Atmospheric Research. Applicants must comply with all requirements contained in the full funding opportunity announcements for each project competition in this announcement. DATES: Applications must be received by the date and time indicated under each program listing in the APPLICATION AND SUBMISSION INFORMATION section of the Full Announcement for each program. ADDRESSES: Applications must be submitted to the addresses listed in the APPLICATION AND SUBMISSION INFORMATION section of the Full Announcement for each program. This **Federal Register** notice may be found at the Grants.gov Web site, *http://www.grants.gov* , and the NOAA Web site at *http://www.ago.noaa.gov/grants/funding.shtml* . FOR FURTHER INFORMATION CONTACT: For a copy of the full funding opportunity announcement and/or application kit, access it at Grants.gov, via NOAA's Web site, or by contacting the person listed as the information contact under each program. SUPPLEMENTARY INFORMATION: NOAA published its first omnibus notice announcing the availability of grant funds for both projects and fellowships/ scholarships/internships for Fiscal Year 2006 in the **Federal Register** on June 30, 2005 (70 FR 37766), and its second on December 20, 2005 (70 FR 76253). The evaluation criteria and selection procedures contained in those notices are applicable to this solicitation. For a copy of these omnibus notices, please go to: *http://www.Grants.gov* or *http://www.ago.noaa.gov/grants/funding.shtml* . Applicants must comply with all requirements contained in the full funding opportunity announcements for each project competition in this announcement. This omnibus notice describes funding opportunities for the following NOAA discretionary grant programs: List of NOAA Project Competitions Detailed information is found elsewhere in this notice. Oceanic and Atmospheric Research 1. Aquatic Invasive Species Program/National Sea Grant College Program 2. National Sea Grant College Program/Climate Program Office Electronic Access As has been the case since October 1, 2004, applicants can access, download and submit electronic grant applications for NOAA Programs through the Grants.gov Web site at *http://www.Grants.gov* . These announcements will also be available at the NOAA Web site or by contacting the program official identified below. However, applicants without Internet access may still submit hard copies of their applications. The closing dates for applications filed through Grants.gov are the same as for the paper submissions noted in this announcement. For applicants filing through Grants.gov, NOAA strongly recommends that you do not wait until the application deadline date to begin the application process. Registration may take up to 10 business days. Getting started with Grants.gov is easy. Go to *http://www.Grants.gov* . There are two key features on the site: Find Grant Opportunities and Apply for Grants. Everything else on the site is designed to support these two features and your use of them. While you can begin searching for grant opportunities for which you would like to apply immediately, it is recommended that you complete the remaining Get Started steps sooner rather than later, so that when you find an opportunity for which you would like to apply, you are ready to go. Get Started Step 1B Find Grant Opportunity for Which You Would Like To Apply Start your search for Federal government-wide grant opportunities and register to receive automatic e-mail notifications of new grant opportunities or any modifications to grant opportunities as they are posted to the site by clicking the Find Grant Opportunities tab at the top of the page. Get Started Step 2B Register With Central Contractor Registry
(CCR)Your organization will also need to be registered with Central Contractor Registry. You can register with them online. This will take about 30 minutes. You should receive your CCR registration within three business days. Important: You must have a DUNS number from Dun & Bradstreet before you register with CCR. Many organizations already have a DUNS number. To determine if your organization already has a DUNS number or to obtain a DUNS number, contact Dun & Bradstreet at 1-866-705-5711. This will take about 10 minutes and is free of charge. Be sure to complete the Marketing Partner ID
(MPIN)and Electronic Business Primary Point of Contact fields during the CCR registration process. These are mandatory fields that are required when submitting grant applications through Grants.gov. Get Started Step 3B Register With the Credential Provider You must register with a Credential Provider to receive a username and password. This will be required to securely submit your grant application. Get Started Step 4B Register With Grants.gov The final step in the Get Started process is to register with Grants.gov. This will be required to submit grant applications on behalf of your organization. After you have completed the registration process, you will receive e-mail notification confirming that you are able to submit applications through Grants.gov. Get Started Step 5B Log on to Grants.gov After you have registered with Grants.gov, you can log on to Grants.gov to verify if you have registered successfully, to check application status, and to update information in your applicant profile, such as your name, telephone number, e-mail address, and title. In the future, you will have the ability to determine if you are authorized to submit applications through Grants.gov on behalf of your organization. NOAA Project Competitions Oceanic and Atmospheric Research
(OAR)1. National Sea Grant College Program/Aquatic Invasive Species Program *Summary Description:* The National Sea Grant College Program (NSGCP) was established by Congress to promote responsible use and conservation of the nation's marine and Great Lakes resources, including to conduct research and outreach to protect these resources from the threats of invasive species. The mission of the NOAA Aquatic Invasive Species Program
(AISP)is to protect resources under NOAA's stewardship responsibilities from invasive species threats, and it also emphasizes the use of research and outreach to confront these threats. To accomplish these missions, the AISP and the NSGCP are soliciting applications for aquatic invasive species research and outreach projects for specific activities listed in the PROGRAM GUIDANCE section in the Full Announcement. They include
(1)human health-related outreach activities related to the invasive species Pterois volitans (lionfish) in the southeast United States,
(2)research related to control of invasive Carcinus maenus (green crab), and
(3)research and outreach related to the control of several species of tunicates invading the northern east and west coasts of North America and related fishing grounds. *Funding Availability:* It is expected that about $50,000 will be available from the NSGCP for these projects in FY 2006, and about $200,000 will be available from the AISP. *Funding Opportunity Number:* OAR-SG-2006-2000586. *Statutory Authority:* 33 U.S.C. 1121-1131. *CFDA:* 11.417, Sea Grant Support. *Application Deadline:* Proposals must be received no later than 5 p.m. Eastern Standard Time, April 13, 2006. *Address For Submitting Proposal(s):* Proposals should be submitted through Grants.Gov, following the directions in ELECTRONIC ACCESS, above. Proposals from those that do not have access to Internet should be sent to: Geraldine Taylor, NOAA R/SG; 1315 East-West Highway, Bldg SSMC 3, Room 11828, Silver Spring, MD 20910-3283, tel. 301-713-2435. *Information Contact:* Dorn Carlson, NOAA R/SG, 1315 East-West Highway, Silver Spring, MD 20910-3283, e-mail *Invasive.Species@noaa.gov* . *Eligibility:* Proposals may be submitted by individuals, institutions of higher education, nonprofit organizations, for-profit organizations, Federal, State, local and Indian tribal governments, foreign governments, organizations under the jurisdiction of foreign governments, and international organizations. Federal applicants are subject to limitations described in the Full Announcement in the ELIGIBILITY INFORMATION section. *Cost Sharing Requirements:* There is no matching fund requirement for AISP funds for this competition; however, to be eligible for the NSGCP funds a match of 50% of the requested Federal funds (direct and indirect costs) is needed. Additionally, the presence of matching funds can increase the likelihood of an application being selected. See Section III.B. in the Full Announcement for more information on matching funds. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” 2. National Sea Grant College Program/Climate Program Office *Summary Description:* The National Oceanic and Atmospheric Administration's National Sea Grant College Program (NSGCP) in conjunction with the Climate Program Office
(CPO)Regional Integrated Sciences and Assessments
(RISA)Program are soliciting applications for a Regional Climate Extension Specialist with specific objectives and priorities listed in the PROGRAM GUIDANCE section in the Full Announcement. The Regional Climate Extension Specialist will lead Sea Grant's effort in climate application issues at the regional level, coordinate with individuals within the regional Sea Grant network on specific climate issues, and promote the growth and development of Sea Grant leadership in climate issues. The Regional Climate Extension Specialist will serve as an integral bridge between RISA's climate impacts research and the Sea Grant extension network that reaches coastal communities. *Funding Availability:* Amount of support anticipated is $100,000 in federal funds that will be available for the Regional Climate Extension Specialist in FY 2006. The NSGCP and CPO will contribute equal amounts of funding for this program ($50,000 each). There is a matching funds requirement. *Funding Opportunity Number:* OA-SG-2006-2000586. *Statutory Authority:* 33 U.S.C. 1121-1131. *CFDA:* 11.417, Sea Grant Support. *Application Deadline:* Proposals must be received no later than 5 p.m. eastern standard time, May 1, 2006. *Address For Submitting Applications:* Proposals should be submitted through Grants.Gov, following the directions in ELECTRONIC ACCESS, above. Proposals from those that do not have access to Internet should be sent to: Geraldine Taylor, NOAA R/SG; 1315 East-West Highway, Bldg SSMC 3, Room 11828, Silver Spring, MD 20910-3283, tel. 301-713-2435. *Information Contact:* Jim Murray, NOAA R/SG, 1315 East West Highway, Silver Spring, MD 20910-3283, e-mail *jim.d.murray@noaa.gov* or Hannah Campbell, NOAA/CPO, 1100 Wayne Ave, suite 1225, Silver Spring, MD 20910. *Eligibility:* Proposals may be submitted by institutions of higher education, nonprofit organizations, and State governments. *Cost Sharing Requirements:* Matching funds equal to at least 50 percent of the Federal funding given by Sea Grant only must be provided. For funding provided by the Sea Grant Program, by law the matching funds must be from a non-Federal source and cannot be waived. *Intergovernmental Review:* Applications under this program are not subject to Executive Order 12372, Intergovernmental Review of Federal Programs. Limitation of Liability Funding for programs listed in this notice is contingent upon the availability of Fiscal Year 2006 appropriations. In no event will NOAA or the Department of Commerce be responsible for application preparation costs if these programs fail to receive funding or are cancelled because of other agency priorities. Publication of this announcement does not oblige NOAA to award any specific project or to obligate any available funds. Universal Identifier Applicants should be aware that, they are required to provide a Dun and Bradstreet Data Universal Numbering System
(DUNS)number during the application process. See the October 30, 2002 **Federal Register** , (69 FR 66177) for additional information. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711 or via the Internet *http:// www.dunandbradstreet.com.* National Environmental Policy Act
(NEPA)NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA), for applicant projects or proposals that are seeking NOAA federal funding opportunities. Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA Web site: *http://www.nepa.noaa.gov/,* including our NOAA Administrative Order 216-6 for NEPA, *http://www.nepa.noaa.gov/NAO216_6_TOC.pdf,* and the Council on Environmental Quality implementation regulations, *http://ceq.eh.doe.gov/nepa/regs/ceq/toclceq.htm.* Consequently, as part of an applicant's package, and under their description of their program activities, applicants are required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist ( *e.g.* , the use and disposal of hazardous or toxic chemicals, introduction of non-indigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting of an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying and implementing feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for the denial of not selecting an application. In some cases if additional information is required after an application is selected, funds can be withheld by the Grants Officer under a special award condition requiring the recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment. Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the **Federal Register** notice of December 30, 2004 (69 FR 78389), are applicable to this solicitation. Paperwork Reduction Act This document contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA). The use of Standard Forms 424, 424A, 424B, SF-LLL, and CD-346 has been approved by the Office of Management and Budget
(OMB)under the respective control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 12866 This notice has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act or any other law for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: March 22, 2006. Mark E. Brown, Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. E6-4378 Filed 3-24-06; 8:45 am] BILLING CODE 3510-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 032106G] Fisheries of the South Atlantic and Gulf of Mexico; Joint South Atlantic Fishery Management Council (SAFMC) and Gulf of Mexico Fishery Management Council (GMFMC), Scientific and Statistical Committee ad hoc Sub-Committee; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a joint SAFMC and GMFMC Scientific and Statistical Committee
(SSC)ad hoc Sub-Committee meeting to address king mackerel stock identification. SUMMARY: The SAFMC and GMFMC will hold a joint Scientific and Statistical Committees
(SSC)ad hoc Sub-Committee meeting to determine appropriate king mackerel mixing rates for the South Atlantic and Gulf of Mexico. The meeting will be held in Atlanta, GA. See SUPPLEMENTARY INFORMATION . DATES: The workshop will take place April 13, 2006, from 8 a.m. until 4 p.m.. See SUPPLEMENTARY INFORMATION . ADDRESSES: The meeting will be held at the Double Tree Club Hotel Atlanta Airport, 3400 Norman Berry Drive, Atlanta, GA 30344; telephone:
(404)763-1600, fax:
(404)765-0200. *Council address* : South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699; telephone:
(843)571-4366 or toll free
(866)SAFMC-10; fax:
(843)769-4520; email: *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Act, the SSC is the body responsible for reviewing the council's scientific materials. The South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council manage coastal migratory pelagics (mackerels) under a joint management plan. The two Councils will hold a joint meeting of delegates from each of their Scientific and Statistical Committees on April 13, 2006, from 8 a.m. until 4 p.m. During the meeting, the SSC ad hoc Sub-Committee will review materials relevant to stock identification of king mackerel. Items for discussion include:
(1)A review of documents pertaining to king mackerel stock identification and migratory unit discrimination presented to or cited by the Southeast Data, Assessment and Review (SEDAR) 5 stock assessment workshops,
(2)a review of recommendations of the SEDAR 5 Workshops pertaining to king mackerel stock identification and allocation of landings into migratory units,
(3)a review of any additional research materials regarding king mackerel stock identification and migratory unit allocations since the SEDAR 5 Workshops,
(4)recommendations for a stock definition for Gulf and South Atlantic migratory units of king mackerel, and
(5)recommendations for the most appropriate method for allocating king mackerel landings into the Gulf and South Atlantic migratory units. The ad hoc SSC Sub-Committee will prepare a written consensus report documenting committee discussions and recommendations for use by the South Atlantic and Gulf Councils. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES ) 3 days prior to the meetings. Note: The times and sequence specified in this agenda are subject to change. Dated: March 22, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-4350 Filed 3-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 032106C] Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR) Steering Committee Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The SEDAR Steering Committee will meet to discuss the SEDAR schedule of events for 2006; composition of the SEDAR 10, gag grouper, Review Panel; and scheduling of management activities for 2006. See SUPPLEMENTARY INFORMATION . DATES: The SEDAR Steering Committee will meet via conference call from 10 a.m. to 12 p.m. EST on Wednesday, April 19, 2006. ADDRESSES: The meeting will be via conference call. Listening stations will be available at the following locations: 1. South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407; 2. Gulf of Mexico Fishery Management Council 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607; and 3. Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918. FOR FURTHER INFORMATION CONTACT: John Carmichael, SEDAR Coordinator, SEDAR/SAFMC, One Southpark Circle, Suite 306, Charleston, SC 29407; telephone:
(843)571-4366 or toll free
(866)SAFMC-10; fax:
(843)769-4520. SUPPLEMENTARY INFORMATION: The South Atlantic, Gulf of Mexico, and Caribbean Fishery Management Councils; in conjunction with NOAA Fisheries, the Atlantic States Marine Fisheries Commission, and the Gulf States Marine Fisheries Commission; implemented the SEDAR process, a multi-step method for determining the status of fish stocks. The SEDAR Steering Committee provides oversight of the SEDAR process and establishes assessment priorities. The Steering Committee also ensures that management activities are coordinated with assessment scheduling. The SEDAR Steering Committee will meet April 19, 2006 to review the SEDAR assessment schedule, review planned management activities, and determine the composition of the SEDAR Peer Review Panel for SEDAR 10. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations Listening stations are physically accessible to those with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES ) at least 5 business days prior to the conference call. Dated: March 22, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-4348 Filed 3-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 032106F] Western Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Western Pacific Fishery Management Council (Council) will hold a meeting of the Coral Reef Ecosystem Plan Team (CREPT) in Honolulu, HI to discuss development of annual reports for coral reef ecosystem fisheries of the Western Pacific Region. DATES: The CREPT meeting will be held from 9 a.m. to 5 p.m. on April 11, 2006 and from 8:30 a.m. to 5 p.m. on April 12, 2006. For specific times, and the agenda, see SUPPLEMENTARY INFORMATION . ADDRESSES: The meeting of the CREPT will be held at the Western Pacific Fishery Management Council conference room, 1164 Bishop Street, Suite 1400, Honolulu, HI. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone:
(808)522-8220. SUPPLEMENTARY INFORMATION: The CREPT will meet to discuss the following agenda items: April 11, 2006, 9 a.m.-5 p.m. 1. Introductions 2. Approval of Draft Agenda 3. Update on Recent Council Actions A. NWHI Fishing Regulations B. Development of Western Pacific Fishery Ecosystem Plans 4. Development of Annual Report for Coral Reef Ecosystem Fisheries of the Western Pacific Region April 12, 2006 8:30 a.m.-5 p.m. 5. Review of MSA Overfishing Definitions and Control Rules 6. Refining Coral Reef Ecosystem Stock Indicators 7. Public Comments 8. Discussion and Recommendations The order in which agenda items addressed may change. Public comment periods will be provided throughout the agenda. The Plan Team will meet as late as necessary to complete scheduled business. Agenda Background Information This meeting is being convened to continue development of an annual report for coral reef ecosystem fisheries of the western Pacific region, to discuss the proposed changes to national standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act and to consider appropriate ecosystem-level approaches for monitoring the diverse and numerous coral reef ecosystem management unit species consistent with national standard 1. Although non-emergency issues not contained in this agenda may come before the Plan Team for discussion, those issues may not be the subject of formal action during this meeting. Plan Team action will be restricted to those issues specifically listed in this document and any issue arising after publication of this document that requires emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds,
(808)522-8220 (voice) or
(808)522-8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: March 22, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-4349 Filed 3-24-06; 8:45 am] BILLING CODE 3510-22-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Designation Under the Textile and Apparel Commercial Availability Provisions of the African Growth and Opportunity Act
(AGOA)March 21, 2006. AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)ACTION: Designation. EFFECTIVE DATE: March 27, 2006. SUMMARY: : The Committee for the Implementation of Textile Agreements
(CITA)has determined that certain, 100 percent nylon 66, fully drawn flat filament yarn, of yarn count 156 decitex, comprised of 51 trilobal filaments and 20 round filaments, classified in subheading 5402.41.9040 of the Harmonized Tariff Schedule of the United States (HTSUS), for use in apparel articles classified under HTSUS subheadings 6108.22.9020 and 6109.90.1065, cannot be supplied by the domestic industry in commercial quantities in a timely manner. CITA hereby designates such apparel articles of such yarn, that are cut from fabric formed, or knit-to-shape, and sewn or otherwise assembled in one or more eligible AGOA beneficiary countries as eligible to enter free of quotas and duties under HTSUS subheading 9819.11.24. FOR FURTHER INFORMATION CONTACT: Anna Flaaten, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482 3400. SUPPLEMENTARY INFORMATION: Authority: Authority: Section 112(b)(5)(B) of the AGOA; Presidential Proclamation 7350 of October 2, 2000; Section 1 of Executive Order No. 13191 of January 17, 2001. Background The AGOA provides for quota- and duty-free treatment for qualifying textile and apparel products. Such treatment is generally limited to products manufactured from yarns and fabrics formed in the United States or a beneficiary country. The AGOA also provides for quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary countries from fabric or yarn that is not formed in the United States, if it has been determined that such fabric or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner. In Executive Order No. 13191, the President delegated to CITA the authority to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA and directed CITA to establish procedures to ensure appropriate public participation in any such determination. On March 6, 2001, CITA published procedures that it will follow in considering requests. (66 FR 13502). On November 9, 2005 the Chairman of CITA received a petition from Shibani Inwear alleging that certain 100 percent nylon 66, fully drawn flat filament yarn, of yarn count 156 decitex, comprised of 51 trilobal filaments and 20 round filaments, classified in HTSUS subheading 5402.41.9040, for use in apparel articles classified under HTSUS subheadings 6108.22.90.20 and 6109.90.10.65, cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requested quota- and duty-free treatment under the AGOA for such apparel articles that are both cut from fabric formed, or knit-to-shape, and sewn or otherwise assembled in one or more AGOA beneficiary countries from such yarn. On November 14, 2005, CITA requested public comments regarding the petition. **See Request for Public Comments on Commercial Availability Request under the African Growth and Opportunity Act (AGOA)** , 70 FR 69524 (November 16, 2005). On November 30, 2005, CITA and the U.S. Trade Representative
(USTR)sought the advice of the Industry Trade Advisory Committee for Textiles and Clothing and the Industry Trade Advisory Committee for Distribution Services. On November 30, 2005, CITA and USTR offered to hold consultations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (collectively, the Congressional Committees). On December 21, 2005, the U.S. International Trade Commission provided advice on the petition. Based on the information and advice received and its understanding of the industry, CITA determined that the yarn set forth in the petition cannot be supplied by the domestic industry in commercial quantities in a timely manner. On January 6, 2006, CITA and USTR submitted a report to the Congressional Committees that set forth the action proposed, the reasons for such action, and advice obtained. A period of 60 calendar days since this report was submitted has expired. CITA hereby designates apparel articles classified under HTSUS subheadings 6108.22.9020 and 6109.90.1065 that are both cut from fabric formed, or knit-to-shape, and sewn or otherwise assembled in one or more eligible beneficiary sub-Saharan African country from 100 percent nylon 66, fully drawn flat filament yarn, of yarn count 156 decitex, comprised of 51 trilobal filaments and 20 round filaments, classified in HTSUS subheading 5402.41.9040, as eligible to enter free of quotas and duties under HTSUS subheading 9819.11.24, provided all other yarns used in the referenced apparel articles are U.S. formed, subject to the special rules for findings and trimmings, certain interlinings and de minimis fibers and yarns under section 112(d) of the AGOA, and that such articles are imported directly into the customs territory of the United States from an eligible AGOA beneficiary country. An “eligible beneficiary sub-Saharan African country” means a country which the President has designated as a beneficiary sub-Saharan African country under section 506A of the Trade Act of 1974 (19 U.S.C. 2466a), and which has been the subject of a finding, published in the Federal Register, that the country has satisfied the requirements of section 113 of the AGOA (19 U.S.C. 3722), resulting in the enumeration of such country in U.S. note 1 to subchapter XIX of chapter 98 of the HTSUS. Philip J. Martello, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc.E6-4404 Filed 3-24-06; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Designation Under the Textile and Apparel Commercial Availability Provisions of the Andean Trade Preference Drug Eradication Act (ATPDEA) March 21, 2006. AGENCY: The Committee for the Implementation of Textile Agreements
(CITA)ACTION: Designation. EFFECTIVE DATE: March 27, 2006. SUMMARY: CITA has determined that certain 100 percent cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 x 2 twill weave construction, weighing not more than 200 grams per square meter, classified in subheading 5208.43.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), for use in shirts, trousers, nightwear, robes and dressing gowns, and woven underwear, cannot be supplied by the domestic industry in commercial quantities in a timely manner. CITA hereby designates such apparel articles that are sewn or otherwise assembled in one or more eligible ATPDEA beneficiary countries from such fabrics, as eligible for quota-free and duty-free treatment under the textile and apparel commercial availability provisions of the ATPDEA and eligible under HTSUS subheadings 9821.11.10, provided that all other fabrics in the referenced apparel articles are wholly formed in the United States from yarns wholly formed in the United States, including fabrics not formed from yarns, if such fabrics are classifiable under HTS heading 5602 or 5603, and are wholly formed in the United States. CITA notes that this designation under the ATPDEA renders such apparel articles, sewn or otherwise assembled in one or more eligible ATPDEA beneficiary countries, as eligible for quota-free and duty-free treatment under HTSUS subheading 9821.11.13, provided the requirements of that subheading are met. FOR FURTHER INFORMATION CONTACT: Maria K. Dybczak, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Section 204 (b)(3)(B)(ii) of the ATPDEA, Presidential Proclamation 7616 of October 31, 2002, Executive Order 13277 of November 19, 2002, and the United States Trade Representative's Notice of Further Assignment of Functions of November 25, 2002. Background The ATPDEA provides for quota- and duty-free treatment for qualifying textile and apparel products. Such treatment is generally limited to products manufactured from yarns and fabrics formed in the United States or a beneficiary country. The ATPDEA also provides for quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more ATPDEA beneficiary countries from fabric or yarn that is not formed in the United States or a beneficiary country, if it has been determined that such fabric or yarn cannot be supplied by the domestic industry in commercial quantities in a timely manner. Pursuant to Executive Order No. 13277 (67 FR 70305) and the United States Trade Representative's Notice of Redelegation of Authority and Further Assignment of Functions (67 FR 71606), the President's authority to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner under the ATPDEA has been delegated to CITA. On November 18, 2005, the Chairman of CITA received a petition from Oxford Industries alleging that certain 100 percent cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 X 2 twill weave construction, weighing not more than 200 grams per square meter, classified under HTSUS subheading 5208.43.0000, cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting quota- and duty-free treatment under the ATPDEA of such fabrics, for use in the manufacture of shirts, trousers, nightwear, robes and dressing gowns and woven underwear in one or more ATPDEA beneficiary countries for export to the United States. On November 25, 2005, CITA requested public comment on the petition. **See Request for Public Comment on Commercial Availability Petition under the Andean Trade Promotion and Drug Eradication Act (ATPDEA)** , 70 FR 71089 (November 25, 2005). On December 13, 2005, CITA and the U.S. Trade Representative
(USTR)sought the advice of the Industry Trade Advisory Committee
(ITAC)for Textiles and Clothing and the ITAC for Distribution Services. No advice was received from either ITAC. On December 13, 2005, CITA and USTR offered to hold consultations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (collectively, the Congressional Committees). No consultations were requested regarding this petition. USTR requested the advice of the U.S. International Trade Commission (ITC). On January 9, 2006, the ITC provided advice on the petition. Based on the information and advice received and its understanding of the industry, CITA determined that the fabrics set forth in the petition cannot be supplied by the domestic industry in commercial quantities in a timely manner. On January 13, 2006, CITA and USTR submitted a report to the Congressional Committees that set forth the action proposed, the reasons for such action, and the advice obtained. A period of 60 calendar days since this report was submitted has expired, as required by the ATPDEA. CITA hereby designates as eligible to enter free of quotas and duties, under HTSUS subheading 9821.11.10, if used in shirts, trousers, nightwear, robes and dressing gowns and woven underwear that are sewn or otherwise assembled in one or more eligible ATPDEA beneficiary countries, from certain 100 percent cotton woven flannel fabrics, made from 21 through 36 NM single ring-spun yarns, of 2 x 2 twill weave construction, weighing not more than 200 grams per square meter, classified in HTSUS subheading 5208.43.0000, not formed in the United States. The referenced apparel articles are eligible provided that all other fabrics are wholly formed in the United States from yarns wholly formed in the United States, including fabrics not formed from yarns, if such fabrics are classifiable under HTS heading 5602 or 5603 and are wholly formed in the United States, subject to the special rules for findings and trimmings, certain interlinings and de minimis fibers and yarns under section 204(b)(3)(B)(vi) of the ATPDEA, and that such articles are imported directly into the customs territory of the United States from an eligible ATPDEA beneficiary country. An “eligible ATPDEA beneficiary country” means a country which the President has designated as an ATPDEA beneficiary country under section 203(a)(1) of the Andean Trade Preference Act
(ATPA)(19 U.S.C. 3202(a)(1)), and which has been the subject of a finding, published in the Federal Register, that the country has satisfied the requirements of section 203(c) and
(d)of the ATPA (19 U.S.C. 3202(c) and (d)), resulting in the enumeration of such country in U.S. note 1 to subchapter XXI of Chapter 98 of the HTSUS. Philip J. Martello, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. E6-4405 Filed 3-24-06; 8:45 am] BILLING CODE 3510-DS-S COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Privacy Act of 1974; Notice of Amended System Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Court Services and Offender Supervision Agency for the District of Columbia (CSOSA) gives notice of proposed amendments to its previously published system of records on the Supervision Offender Case File (CSOSA-9). The system of records is being amended to add to the existing categories of records and make editorial or organization changes, to add other identifiers that may be used to retrieve information, and to update the provisions for storage and safeguards and the citation for the authority for maintenance of the system. More specifically, the categories of records would be amended to include electronic monitoring information (for example, Global Positioning System
(GPS)data) and United States Parole Commission decisions. In addition, the routine use provision in Section B, which applies to the disclosure of information to “any civil or criminal law enforcement agency, whether Federal, state, or local or foreign, which requires information relevant to a civil or criminal investigation unless prohibited by law or regulation” would be amended by adding the qualifying phrase “to the extent necessary to accomplish their assigned duties” to conform with the language set forth in the comparable routine use provision in CSOSA's system of records for Supervision & Management Automated Record Tracking (CSOSA-11). The routine uses would also be amended for stylistic reasons to make use of parallel construction and to redesignate Section I. The Retrievability provision is being amended to note that Metropolitan Police Department, D.C. Department of Corrections, and Federal Bureau of Investigation identification numbers can be used to retrieve information. Finally, the Storage provisions and the Safeguards provisions are being amended to note the special requirements for electronic monitoring information. The citation for the authority for maintenance of the system would be amended to include CSOSA's enabling legislation which is the underlying programmatic authority for collecting, maintaining, and using the information. In accordance with Title 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment on this notice; and the Office of Management and Budget (OMB), which has oversight responsibilities under the Act, requires a 40-day period in which to conclude its review of the system. Therefore, please submit any comments to Renee Barley, FOIA Officer, Office of the General Counsel, Court Services and Offender Supervision Agency for the District of Columbia, 633 Indiana Avenue, NW., Washington, DC 20004 by April 26, 2006. The amended system of records will be effective, as proposed, on May 11, 2006 unless CSOSA determines, upon review of the comments received, that changes should be made. In that event, CSOSA will publish a revised notice in the **Federal Register** . In accordance with Privacy Act requirements, CSOSA has provided a report on the amended systems to OMB and Congress. The amended system of records is given below in its entirety for the convenience of the reader. Dated: March 22, 2006. Paul A. Quander, Jr., Director, Court Services and Offender Supervision Agency. Court Services and Offender Supervision Agency for the District CSOSA-9 System name: Supervision Offender Case File. Security classification: None. System location: Court Services and Offender Supervision Agency, 633 Indiana Avenue, NW., Washington, DC 20004. See 28 CFR part 800, Appendix A for field office addresses. Categories of individuals covered by the system: Individuals currently or formerly under Agency supervision. Categories of records in the system: The files may contain but are not limited to presentence information, sentencing information, institutional adjustment (parole only), treatment records, compliance orders, field notes, PD-163 (police report), electronic monitoring information (for example, Global Positioning System
(GPS)data), judgment and commitment orders, program reports, psychiatric reports, assessments, Parole Board and United States Parole Commission and judicial decisions and post-release information to include risk assessment, substance abuse testing, referrals, offender reporting forms, progress and behavior reports and correspondence. Authority for maintenance of the system: 5 U.S.C. 301; 111 Stat. 748, Pub. L. 105-33, § 11233; D.C. Official Code § 24-133(c). Purpose(s): Information is maintained and used to determine risk/needs assessment, supervision documentation, case management and documentation of the offenders' compliance with release conditions. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: A. Disclosure to a congressional office or member or D.C. Council member in response to an inquiry made at the request of an individual currently or formerly under CSOSA supervision. B. Disclosure to any civil or criminal law enforcement agency, whether Federal, state, or local or foreign, which requires information relevant to a civil or criminal investigation to the extent necessary to accomplish their assigned duties unless prohibited by law or regulation. C. Disclosure to a Federal, state, local, foreign, or international law enforcement agency to assist in the general crime prevention and detection efforts of the recipient agency or to provide investigative leads to such agency. D. Disclosure to a source from which information is requested in the course of an investigation, to the extent necessary to identify the individual, inform the source of the nature and purpose of the investigation and to identify the type of information requested unless prohibited by law or regulation. E. Disclosure to the appropriate Federal, state, local, foreign or other public authority responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, or order where CSOSA becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation unless prohibited by law or regulation. F. Disclosure to a contract or treatment facility that provides services to individuals under CSOSA supervision to the extent necessary to accomplish its assigned duties unless prohibited by law or regulation. G. Disclosure to Federal, local and state court or community correction officials to the extent necessary to permit them to accomplish their assigned duties in any criminal matter unless prohibited by law or statute. H. Disclosure to employers or prospective employers concerning an individual's criminal history and other pertinent information relating to prospective or current employment of the individual unless prohibited by law or regulation. I. Disclosure to the National Archives and Records Administration and to the General Services Administration during a records management inspection conducted under 44 U.S.C. 2904 and 2906 unless prohibited by law or regulation. Disclosure to consumer reporting agencies: None. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: GPS data is hosted on servers that are managed by contract companies. Other information is stored manually in file folders or electronically on computers. Retrievability: Information can be retrieved by the name of the individual or by the DC Department of Corrections
(DCDC)number, the Metropolitan Police Department
(PDID)number, or the Federal Bureau of Investigation number. Safeguards: The servers maintaining GPS data are located in a locked room; access to the servers is restricted, and end users must have a valid ID and password to access the data. Other information is maintained manually in file cabinets which are kept in locked offices. Retention and disposal: Information will be maintained for 20 years after expiration of supervision. System manager(s) and address: Associate Director, Community Supervision Services, Court Services and Offender Supervision Agency, 300 Indiana Avenue, NW., Room 2132, Washington, DC 20001. Notification procedure: Inquiries concerning this system should be directed to the Freedom of Information Act Office, Court Services and Offender Supervision Agency, 633 Indiana Avenue, NW., Washington, DC 20004. The major part of this system is exempt from this requirement under 5 U.S.C. 552a(j). Record access procedures: The major part of this system is exempt from this requirement under 5 U.S.C. 552a(j). To the extent that this system of records is not subject to exemption, it is subject to access and contest. A determination as to exemption shall be made at the time a request for access is received. Contesting record procedures: Same as Records Access Procedures above. Record source categories:
(1)Individual under CSOSA supervision;
(2)Federal, state and local law enforcement agencies;
(3)state and Federal community correction entities;
(4)relatives, friends, and other community individuals;
(5)evaluation, observations, and findings of agency staff and treatment staff; and
(6)employers and/or social service agencies. Exemptions claimed for the system: This system is exempt from 5 U.S.C. 552a(c)(3) and (4), (d), (e)(1), (2), (3), (4)(G) through (4)(I), (5), and (8),
(f)and
(g)of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system has been exempted from subsections (c)(3),
(d)and (e)(1) pursuant to subsections (k)(1) and (k)(2). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c)and
(e)and have been published in the **Federal Register** . [FR Doc. E6-4416 Filed 3-24-06; 8:45 am] BILLING CODE 3129-01-P DEPARTMENT OF EDUCATION [CFDA No. 84.069] Federal Student Aid; Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnership Programs AGENCY: Department of Education. ACTION: Notice of the deadline dates for receipt of State applications for Award Year 2006-2007 funds. SUMMARY: This is a notice of the deadline dates for receipt of State applications for Award Year 2006-2007 funds under the Leveraging Educational Assistance Partnership
(LEAP)and Special Leveraging Educational Assistance Partnership (SLEAP) programs. The LEAP and SLEAP programs, authorized under Title IV, Part A, Subpart 4 of the Higher Education Act of 1965, as amended (HEA), assist States in providing aid to students with substantial financial need to help them pay for their postsecondary education costs through matching formula grants to States. Under section 415C(a) of the HEA, a State must submit an application to participate in the LEAP and SLEAP programs through the State agency that administered its LEAP Program as of July 1, 1985, unless the Governor of the State has subsequently designated, and the Department has approved, a different State agency to administer the LEAP Program. DATES: To assure funding under the LEAP and SLEAP programs for Award Year 2006-2007, a State must meet the applicable deadline date. Applications submitted electronically must be received by 11:59 p.m. (Eastern time) May 31, 2006. Paper applications must be received by May 24, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Greg Gerrans, LEAP Program Manager, Financial Partners, U.S. Department of Education, Federal Student Aid, 830 First Street, NE., room 111G5, Washington, DC 20202. Telephone:
(202)377-3304. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Only the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands may submit an application for funding under the LEAP and SLEAP programs. State allotments for each award year are determined according to the statutorily mandated formula under section 415B of the HEA and are not negotiable. A State may also request its share of reallotment, in addition to its basic allotment, which is contingent upon the availability of such additional funds. In Award Year 2005-2006, 49 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands received funds under the LEAP Program. Additionally, 34 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands received funds under the SLEAP Program. *Applications Submitted Electronically:* Financial Partners within Federal Student Aid has automated the LEAP and SLEAP application process in the Financial Management System (FMS). Applicants may use the web-based form (Form 1288-E OMB 1845-0028) which is available on the FMS LEAP on line system at the following Internet address: *http://fsa-fms.ed.gov.* *Paper Applications Delivered by Mail:* States or territories may request a paper version of the application (Form 1288 OMB 1845-0028) by contacting Mr. Greg Gerrans, LEAP Program Manager, at
(202)377-3304 or by e-mail: *greg.gerrans@ed.gov.* The form will be mailed to you. A paper application sent by mail must be addressed to: Mr. Greg Gerrans, LEAP Program Manager, Financial Partners, U.S. Department of Education, Federal Student Aid, 830 First Street, NE., room 111G5, Washington, DC 20202. The Department of Education encourages applicants that are completing a paper application to use certified or at least first-class mail when sending the application by mail to the Department. The Department must receive paper applications that are mailed no later than May 24, 2006. *Paper Applications Delivered by Hand:* Paper applications that are hand-delivered must be delivered to Mr. Greg Gerrans, LEAP Program Manager, Financial Partners, U.S. Department of Education, Federal Student Aid, 830 First Street, NE., room 111G5, Washington, DC 20002. Hand-delivered applications will be accepted between 8 a.m. and 4:30 p.m. daily (Eastern time), except Saturdays, Sundays, and Federal holidays. Paper applications that are hand-delivered must be received by 4:30 p.m. (Eastern time) on May 24, 2006. *Applicable Regulations:* The following regulations are applicable to the LEAP and SLEAP programs:
(1)The LEAP and SLEAP Program regulations in 34 CFR part 692.
(2)The Student Assistance General Provisions in 34 CFR part 668.
(3)The Regulations Governing Institutional Eligibility in 34 CFR part 600.
(4)The Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.60 through 75.62 (Ineligibility of Certain Individuals to Receive Assistance), part 76 (State-Administered Programs), part 77 (Definitions that Apply to Department Regulations), part 79 (Intergovernmental Review of Department of Education Programs and Activities), part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), part 82 (New Restrictions on Lobbying), part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)), part 85 (Governmentwide Debarment and Suspension (Nonprocurement)), part 86 (Drug and Alcohol Abuse Prevention), and part 99 (Family Educational Rights and Privacy). Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register,** in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Program Authority: 20 U.S.C. 1070c *et seq* . Dated: March 22, 2006. Theresa S. Shaw, Chief Operating Officer, Federal Student Aid. [FR Doc. E6-4396 Filed 3-24-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION [CFDA Nos. 84.038, 84.033, and 84.007] Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant programs ACTION: Notice of the 2006-2007 award year deadline dates for the campus-based programs. SUMMARY: The Secretary announces the 2006-2007 award year deadline dates for the submission of requests and documents from postsecondary institutions for the campus-based programs. SUPPLEMENTARY INFORMATION: The Federal Perkins Loan, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs are collectively known as the campus-based pprograms. The Federal Perkins Loan Program encourages institutions to make low-interest, long-term loans to needy undergraduate and graduate students to help pay for their education. The FWS Program encourages the part-time employment of needy undergraduate and graduate students to help pay for their education and to involve the students in community service activities. The FSEOG Program encourages institutions to provide grants to exceptionally needy undergraduate students to help pay for their cost of education. The Federal Perkins Loan, FWS, and FSEOG programs are authorized by parts E and C, and part A, subpart 3, respectively, of title IV of the Higher Education Act of 1965, as amended. Throughout the year, in its “Dear Colleague” letters, the Department will continue to provide additional information for the listed individual deadline dates via the Information for Financial Aid Professionals
(IFAP)Web site at: *http://www.ifap.ed.gov.* *Deadline Dates:* The following table provides the 2006-2007 award year deadline dates for the submission of applications, reports, and waiver requests for the campus-based programs. Institutions must meet the established deadline dates to ensure consideration for funding or a waiver, as appropriate. 2006-2007 Award Year Deadline Dates What does an institution submit? Where is it submitted? What is the deadline for submission? 1. The Campus-Based Reallocation Form designated for the return of 2005-2006 funds and the request of supplemental FWS funds for the 2006-2007 award year The Reallocation Form must be submitted electronically and is located in the “Setup” section of the FISAP on the Internet at *http://www.cbfisap.ed.gov* August 18, 2006. 2. The 2005-2006 Fiscal Operations Report and 2007-2008 Application to Participate (FISAP) The FISAP is located on the Internet at the following site: *http://www.cbfisap.ed.gov* September 29, 2006. The FISAP form must be submitted electronically via the Internet, and the combined signature page must be mailed to: The FISAP Administrator, INDUS Corporation, 1951 Kidwell Drive, Eighth Floor, Vienna, VA 22182 3. The Work-Colleges Program Report of 2005-2006 award year expenditures The Work-Colleges Program Report must be submitted electronically via the Internet, and a printed copy with an original signature must be submitted by one of the following methods: October 20, 2006. Hand delivery to: Work-Colleges Program, Campus-Based Systems and Operations Division, U.S. Department of Education, 830 First Street, NE., room 63B1, Washington, DC 20002, or Mail to: The same above address for hand delivery except use Zip Code 20202-5453 The report can be found in the “Setup” section of the FISAP on the Internet at: *http://www.cbfisap.ed.gov* 4. A request for a waiver of the 2007-2008 award year penalty for the underuse of 2005-2006 award year funds The request for a waiver can be found in Part II, Section C of the FISAP on the Internet at: *http://www.cbfisap.ed.gov* February 9, 2007. The request and justification must be submitted electronically via the Internet 5. The Institutional Application for Approval to Participate in the Federal Student Financial Aid Programs An institution that has not already established eligibility must submit an application to Case Management and Oversight February 9, 2007. The application is located on the Internet at the following site: *http://www.eligcert.ed.gov* 6. The Institutional Application and Agreement for Participation in the Work-Colleges Program for the 2007-2008 award year The Institutional Application and Agreement for Participation in the Work-Colleges Program must be submitted electronically via the Internet, and a printed copy with original signature must be submitted by one of the following methods: March 9, 2007. Hand delivery to: Work-Colleges Program, Campus-Based Systems and Operations Division, U.S. Department of Education, 830 First Street, NE., room 63B1, Washington, DC 20002, or Mail to: The same above address for hand delivery except use Zip Code 20202-5453 The application and agreement can be found in the “Setup” section of the FISAP on the Internet at: *http://www.cbfisap.ed.gov* 7. A request for a waiver of the FWS Community Service Expenditure Requirement for the 2007-2008 award year The FWS Community Service waiver request and justification must be submitted by one of the following methods: April 27, 2007. Hand delivery to: FWS Coordinator, U.S. Department of Education, 830 First Street, NE., room 62A1, Washington, DC 20002, or Mail to: The same address for hand delivery except use Zip Code 20202-5453, or Fax to:
(202)275-0950 Note: • The deadline for electronic submissions is 11:59 p.m. (Eastern time) on the applicable deadline date. Transmissions must be completed and accepted by 12 midnight to meet the deadline. • Paper documents that are sent through the U.S. Postal Service must be postmarked by the applicable deadline date. • Paper documents that are hand delivered by a commercial courier must be received no later than 4:30 p.m. (Eastern time) on the applicable deadline date. Proof of Mailing or Hand Delivery of Paper Documents If you submit paper documents when permitted by mail or by hand delivery from a commercial courier, we accept as proof one of the following:
(1)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(2)A legibly dated U.S. Postal Service postmark.
(3)A legibly dated shipping label, invoice, or receipt from a commercial courier.
(4)Other proof of mailing or delivery acceptable to the Secretary. If the paper documents are sent through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)a mail receipt that is not dated by the U.S. Postal Service. An institution should note that the U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an institution should check with its local post office. All institutions are encouraged to use certified or at least first-class mail. The Department accepts hand deliveries from commercial couriers between 8 a.m. and 4:30 p.m., eastern time, Monday through Friday except Federal holidays. Sources for Detailed Information on These Requests A more detailed discussion of each request for funds or waiver is provided in a specific “Dear Colleague” letter, which is posted on the Department's IFAP Web site ( *http://www.ifap.ed.gov* ) at least 30 days before the established deadline date for the specific request. Information on these items is also found in the Federal Student Aid Handbook. *Applicable Regulations:* The following regulations apply to these programs:
(1)Student Assistance General Provisions, 34 CFR part 668.
(2)General Provisions for the Federal Perkins Loan Program, Federal Work-Study Program, and Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 673.
(3)Federal Perkins Loan Program, 34 CFR part 674.
(4)Federal Work-Study Programs, 34 CFR part 675.
(5)Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 676.
(6)Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600.
(7)New Restrictions on Lobbying, 34 CFR part 82.
(8)Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 34 CFR part 84.
(9)Governmentwide Debarment and Suspension (Nonprocurement), 34 CFR part 85.
(10)Drug and Alcohol Abuse Prevention, 34 CFR part 86. FOR FURTHER INFORMATION CONTACT: Sherlene McIntosh, Acting Director of Campus-Based Systems and Operations Division, U.S. Department of Education, Federal Student Aid, 830 First Street, NE., Union Center Plaza, room 64A3, Washington, DC 20202-5453. Telephone:
(202)377-3242 or via the Internet: *sherlene.mcintosh@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* Braille, large print, audiotape, or computer diskette) on request to the program contact person list under FOR FURTHER INFORMATION CONTACT . Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office
(GPO)toll free at 1-888-293-6498; or in the Washington, DC area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Program Authority: 20 U.S.C. 10877aa *et seq.* ; 42 U.S.C. 2751 *et seq.* ; and 20 U.S.C. 1070b *et seq.* Dated: March 22, 2006. Theresa S. Shaw, Chief Operating Officer, Federal Student Aid. [FR Doc. 06-2940 Filed 3-24-06; 8:45 am]
Connectionstraces to 24
Traces to 24 documents
22 references not yet in our index
  • Pub. L. 108-447
  • Pub. L. 107-347
  • Pub. L. 94-472
  • Pub. L. 95-200
  • 50 CFR 17.22
  • 50 CFR 17.32
  • 33 USC 1121-1131
  • 28 CFR 800
  • 111 Stat. 748
  • Pub. L. 105-33
  • 34 CFR 692
  • 34 CFR 668
  • 34 CFR 600
  • 34 CFR 673
  • 34 CFR 674
  • 34 CFR 675
  • 34 CFR 676
  • 34 CFR 82
  • 34 CFR 84
  • 34 CFR 85
  • 34 CFR 86
  • 20 USC 10877aa
Citation graph
cites case law
Notices
Notice and request for public comment
C.F.R.§ 351.213
C.F.R.§ 351.305
C.F.R.§ 351.102
U.S.C.§ 1677
C.F.R.§ 351.308
C.F.R.§ 351.206
U.S.C.§ 4321
Fed. Reg.Notices
Fed. Reg.Notices
Pub. L.Pub. L. 108-447
Pub. L.Pub. L. 107-347
Pub. L.Pub. L. 94-472
Cites 46 · showing 12Cited by 0 across 0 sources
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