Notices. Notice of receipt of applications for permit

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BILLING CODE 4310-17-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by May 4, 2006. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to:

U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ).

Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* August S. Haugen, Springfield, OR, PRT-114675. The applicant requests a permit to import the sport-hunted trophy of one male scimitar-horned oryx ( *Oryx dammah* ) culled from a captive herd in the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Linda M. Straw, Sacramento, CA, PRT-116481.

The applicant requests a permit to import the sport-hunted trophy of one male scimitar-horned oryx ( *Oryx dammah* ) culled from a captive herd in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Endangered Marine Mammals and Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with endangered marine mammals and marine mammals. The applications were submitted to satisfy requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing endangered species (50 CFR part 17) and marine mammals (50 CFR part 18).

Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* Hubbs-Sea World Research Institute, San Diego, CA, PRT-054026. The applicant requests an amendment to the permit to use captive-held manatees ( *Trichechus manatus latirostris* ) to measure the animals' sonar acoustic reflectivity for the purpose of scientific research.

This notification covers activities to be conducted by the applicant over a three-year period. Concurrent with the publication of this notice in the **Federal Register** , the Division of Management Authority is forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. *Applicant:* Francis H. Azur, Coraopolia, PA, PRT-120039. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. *Applicant:* Christopher F.

Azur, Nevillewood, PA, PRT-120037. The applicant requests a permit to import a polar bear ( *Ursus maritimus* ) sport hunted from the Western Hudson Bay polar bear population in Canada for personal, noncommercial use. Dated: March 10, 2006. Monica Farris, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6-4800 Filed 4-3-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK-910-1310PP-ARAC] Notice of Public Meeting, Alaska Resource Advisory Council AGENCY:

Bureau of Land Management, Alaska State Office, Interior. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management

(BLM)Alaska Resource Advisory Council will meet as indicated below. DATES: The meeting will be held April 27-28, 2006, at the Juneau Federal Building, 709 W. 9th in Juneau, Alaska. On April 27 the meeting starts at 10:30 a.m. and a public comment period begins at 1 p.m. On April 28 the meeting begins at 8:15 a.m. FOR FURTHER INFORMATION CONTACT: Danielle Allen, Alaska State Office, 222 W. 7th Avenue #13, Anchorage, AK 99513. Telephone

(907)271-3335 or e-mail *Danielle_Allen@ak.blm.gov.* SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Alaska. At this meeting, topics planned for discussion include: • South National Petroleum Reserve-Alaska. • 17

(b)easements. • Mineral Assessment program. • Other topics the Council may raise. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also have time allotted for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, transportation, or other reasonable accommodations, should contact BLM. Julia Dougan, Acting State Director. [FR Doc. E6-4824 Filed 4-3-06; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK-932-1410-FQ; A-029820] Public Land Order No. 7660; Partial Revocation of Public Land Order No. 1973; Alaska AGENCY: Bureau of Land Management, Interior. ACTION: Public land order. SUMMARY: This order partially revokes a Public Land Order insofar as it affects 0.88 acre of public land withdrawn for administrative purposes for use by the Forest Service, Department of Agriculture, at Juneau, Alaska. The land is no longer needed for the purpose for which it was withdrawn. This action also allows the conveyance of the land to the State of Alaska, if such land is otherwise available. Any land described herein that is not conveyed to the State will be subject to Public Land Order No. 5186, as amended, and any other withdrawal or segregation of record. DATES: *Effective Date:* April 4, 2006. ADDRESSES: Alaska State Office, Bureau of Land Management, 222 West Seventh Avenue, #13, Anchorage, Alaska, 99513-7599. FOR FURTHER INFORMATION CONTACT: Robbie J. Havens, Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue #13, Anchorage, Alaska, 99513-7599, 907-271-5477. SUPPLEMENTARY INFORMATION: The partial revocation of Public Land Order No. 1973 will allow the land to be conveyed to the State of Alaska, who will convey the parcel to the City and Borough of Juneau as a municipal entitlement. Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), and by Section 17(d)(1) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1616(d)(1) (2000), it is ordered as follows: 1. Public Land Order No. 1973 (24 FR 7253, September 9, 1959), which withdrew public land for administrative purposes, is hereby revoked insofar as it affects the following described land: Copper River Meridian U.S. Survey No. 3566, Lot 3, located within T. 41 S., R. 67 E. The area described contains 0.88 acre. 2. The State of Alaska application for selection made under Section 6(a) of the Alaska Statehood Act of July 7, 1958, 48 U.S.C. note prec. 21 (2000), and under Section 906(e) of the Alaska National Interest Lands Conservation Act, 43 U.S.C. 1635(e) (2000), becomes effective without further action by the State upon publication of this public land order in the **Federal Register** , if such land is otherwise available. Lands selected by, but not conveyed to, the State will be subject to Public Land Order No. 5186, as amended, and any other withdrawal or segregation of record. Dated: March 16, 2006. Mark Limbaugh, Assistant Secretary of the Interior. [FR Doc. E6-4834 Filed 4-3-06; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Minerals Management Service Notice of Availability of the Proposed Notice of Sale for Outer Continental Shelf

(OCS)Oil and Gas Lease Sale 200 in the Western Gulf of Mexico

(GOM)AGENCY: Minerals Management Service, Interior. ACTION: Notice of availability of the proposed Notice of Sale for proposed Sale 200. SUMMARY: The MMS announces the availability of the proposed Notice of Sale for proposed Sale 200 in the Western GOM OCS. This Notice is published pursuant to 30 CFR 256.29(c) as a matter of information to the public. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected States the opportunity to review the proposed Notice. The proposed Notice sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals. DATES: Comments on the size, timing, or location of proposed Sale 200 are due from the affected States within 60 days following their receipt of the proposed Notice. The final Notice of Sale will be published in the **Federal Register** at least 30 days prior to the date of bid opening. Bid opening is currently scheduled for August 16, 2006. SUPPLEMENTARY INFORMATION: The proposed Notice of Sale for Sale 200 and a “Proposed Sale Notice Package” containing information essential to potential bidders may be obtained from the Public Information Unit, Gulf of Mexico Region, Minerals Management Service, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. Telephone:

(504)736-2519. Dated: March 27, 2006. R.M. “Johnnie” Burton, Director, Minerals Management Service. [FR Doc. E6-4812 Filed 4-3-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Gulf of Mexico, Outer Continental Shelf, Western Planning Area, Oil and Gas Lease Sale 200

(2006)Environmental Assessment AGENCY: Minerals Management Service, Interior. ACTION: Notice of availability of an environmental assessment. SUMMARY: The Minerals Management Service

(MMS)is issuing this notice to advise the public, pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 *et seq.* , that MMS has prepared an environmental assessment

(EA)for proposed Outer Continental Shelf

(OCS)oil and gas Lease Sale 200 in the Western Gulf of Mexico

(GOM)(Lease Sale 200) scheduled for August 2006. Proposed Lease Sale 200 is the fifth Western Planning Area

(WPA)lease sale scheduled in the Outer Continental Shelf Oil and Gas Leasing Program: 2002-2007 (5-Year Program, OCS EIS/EA MMS 2002-006). The preparation of this EA is an important step in the decisionmaking process for Lease Sale 200. The proposal for Lease Sale 200 (the offering of all available unleased acreage in the WPA) and its alternatives (the proposed action excluding the unleased blocks near biologically sensitive topographic features and no action) were identified by the MMS Director in January 2002 following the Call for Information and Nominations/Notice of Intent to Prepare an Environmental Impact Statement

(EIS)and were analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2003-2007; Central Planning Area Sales 185, 190, 194, 198, and 201; Western Planning Area Sales 187, 192, 196, and 200—Final Environmental Impact Statement; Volumes I and II (Multisale EIS, OCS EIS/EA MMS 2002-052). The Multisale EIS analyzed the effects of a typical WPA lease sale by presenting a set of ranges for resource estimates, projected exploration and development activities, and impact-producing factors for any of the proposed WPA lease sales. The level of activities projected for proposed Lease Sale 200 falls within these ranges. In this EA, which tiers from the Multisale EIS and incorporates that document by reference, MMS reexamined the potential environmental effects of the proposed action and its alternatives based on any new information regarding potential impacts and issues that were not available at the time the Multisale EIS was prepared. No new significant impacts were identified for proposed Lease Sale 200 that were not already assessed in the Multisale EIS. As a result, MMS determined that a supplemental EIS is not required and prepared a Finding of No New Significant Impact (FONNSI). FOR FURTHER INFORMATION CONTACT: Mr. Dennis Chew, Minerals Management Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, MS 5410, New Orleans, Louisiana 70123-2394. You may also contact Mr. Chew by telephone at

(504)736-2793. SUPPLEMENTARY INFORMATION: In November 2002, MMS prepared a Multisale EIS that addressed nine proposed Federal actions that offer for lease areas on the GOM OCS that may contain economically recoverable oil and gas resources. Federal regulations allow for several related or similar proposals to be analyzed in one EIS (40 CFR 1502.4). Since each proposed lease sale and its projected activities are very similar each year for each planning area, a single EIS was prepared for the nine Central Planning Area

(CPA)and WPA lease sales scheduled in the 5-Year Program. Under the 5-Year Program, five annual areawide lease sales are scheduled for the CPA (Lease Sales 185, 190, 194, 198, and 201) and five annual areawide lease sales are scheduled for the WPA (Lease Sales 184, 187, 192, 196, and 200). Lease Sale 184 was not addressed in the Multisale EIS; a separate EA was prepared for that proposal. The Multisale EIS addressed CPA Lease Sales 185, 190, 194, 198, and 201 scheduled for 2003, 2004, 2005, 2006, and 2007, respectively, and WPA Lease Sales 187, 192, 196, and 200 scheduled for 2003, 2004, 2005, and 2006, respectively. Although the Multisale EIS addresses nine proposed lease sales, at the completion of the EIS process, decisions were made only for proposed CPA Lease Sale 185 and proposed WPA Lease Sale 187. In the year prior to each subsequent proposed lease sale, an additional NEPA review (an EA) has been conducted to address any new information relevant to that proposed action. After completion of the EA, MMS determines whether to prepare a FONNSI or a Supplemental EIS. The MMS then prepares and sends Consistency Determinations (CD's) to the affected States to determine whether the proposed lease sale is consistent with their federally-approved State coastal zone management programs. Finally, MMS will solicit comments via the Proposed Notice of Sale

(PNOS)from the governors of the affected States on the size, timing, and location of the proposed lease sale. The tentative schedule for the prelease decision process for Lease Sale 200 is as follows: CD's sent to affected States, March 2006; PNOS sent to governors of the affected States, March 2006; Final Notice of Sale published in the **Federal Register** , July 2006; and Lease Sale 200, August 2006. To obtain single copies of the Multisale EIS, you may contact the Minerals Management Service, Gulf of Mexico OCS Region, Attention: Public Information Office (MS 5034), 1201 Elmwood Park Boulevard, Room 114, New Orleans, Louisiana 70123-2394 (1-800-200-GULF). You may also view the Multisale EIS or check the list of libraries that have copies of the Multisale EIS on the MMS Web site at *http://www.gomr.mms.gov* . *Public Comments:* Interested parties are requested to send comments on this EA/FONNSI within 30 days of this Notice's publication. Comments may be submitted in one of the following three ways: 1. Comments may be submitted using MMS's Public Connect on-line commenting system at *http://ocsconnect.mms.gov* . This is the preferred method for commenting. From the Public Connect “Welcome” screen, search for “WPA Lease Sale 200 EA” or select it from the “Projects Open for Comment” menu. 2. Written comments may be enclosed in an envelope labeled “Comments on WPA Lease Sale 200 EA” and mailed (or hand carried) to the Regional Supervisor, Leasing and Environment (MS 5410), Minerals Management Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394. 3. Comments may be sent to the MMS e-mail address: *environment@mms.gov* . All comments received will be considered in the decisionmaking process for Lease Sale 200. *EA Availability:* To obtain a copy of this EA, you may contact the Minerals Management Service, Gulf of Mexico OCS Region, Attention: Public Information Office (MS 5034), 1201 Elmwood Park Boulevard, Room 114, New Orleans, Louisiana 70123-2394 (1-800-200-GULF). You may also view this EA on the MMS Web site at *http://www.gomr.mms.gov* . Dated: March 14, 2006. Chris C. Oynes, Regional Director, Gulf of Mexico OCS Region. [FR Doc. E6-4813 Filed 4-3-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before March 18, 2006. Pursuant to § 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 19, 2006. John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. CALIFORNIA Sonoma County Temelec, 220 and 221 Temelec Circle, Sonoma, 06000312 COLORADO Denver County Iliff Hall, 2201 S. University Blvd., Denver, 06000314 DELAWARE New Castle County Bellvue Range Rear Light Station (Light Stations of the United States MPS), Christina River N side, 0.3 mi. W of Delaware R, 50 ft. S of Cherry Island, Wilmington, 06000313 FLORIDA St. Johns County Record Building, 154 Cordova St., St. Augustine, 06000315 IOWA Woodbury County Municipal Auditorium, 500 Gordon Dr., Sioux City, 06000316 LOUISIANA Orleans Parish Hearn, Lafcadio, House, 1565-67 Cleveland Ave., New Orleans, 06000324 St. Bernard Parish Kenilworth Plantation House (Louisiana's French Creole Architecture MPS), 2931 Bayou Rd., St. Bernard, 06000317 St. Tammany Parish Camp Salmen House (Louisiana's French Creole Architecture MPS), 35122 Camp Salmen Rd., Slidell, 06000323 MARYLAND Baltimore County Jackson, Lillie Carroll, House, 1320 Eutaw Place, Baltimore (Independence City), 06000319 MISSOURI St. Francois County Presbyterian Orphanage of Missouri, 412 W. Liberty St., Farmington, 06000322 OHIO Stark County St. Paul's Reformed Church, 9669 Erie Ave., SW., Navarre, 06000318 VIRGINIA Rockingham County Breneman—Turner Mill, 5036 Turners Mill Ln., Harrisonburg, 06000325 WISCONSIN Rock County Bostick Avenue Historic District, 404-436 Bostwick Ave. and 1118 and 1128 Grace St., Janesville, 06000321 In the interest of preservation the comment period for the following resource has been shortened to 3 days: VIRGINIA Albemarle County Holt, Charles B., House, 1010 Preston Ave., Charlottesville, 06000320 A request for removal has been made for the following resources: IOWA Washington County Washington County Hospital, S. 4th Ave. And Clara Barton, Washington, 77000565 SOUTH DAKOTA Davison County Holy Family Church, School and Rectory, Kimball and Davison Sts., E. 2nd and E. 3rd Aves., Mitchell, 76001729 [FR Doc. E6-4849 Filed 4-3-06; 8:45 am] BILLING CODE 4312-51-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before March 25, 2006. Pursuant to section 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St., NW, 8th floor, Washington DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by April 19, 2006. John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. ARIZONA Maricopa County Glendale High School Auditorium, 6216 W. Myrtle Ave., Glendale, 06000326 CALIFORNIA Santa Clara County Hotel Montgomery, 211 SW First St., San Jose, 06000328 COLORADO Alamosa County Mt. Pleasant School, (Rural School Buildings in Colorado MPS) Jct. of Cty Rd. 3 S and Rd. 103 S, Alamosa, 06000327 Denver County Clayton, George W., Trust and College, 3801 Martin Luther King Blvd., Denver, 06000329 MISSOURI Greene County Springfield Public Square Historic District, (Springfield, Missouri MPS AD) 149, 138, 137, 134, 127, 132, 124, and 122 Park Central Sq., 219, 221, South Ave., Springfield, 06000331 St. Louis County Burkhardt Historic District (Boundary Increase), 16626-16660 (Even numbered properties only) Chesterfield Airport Rd., Chesterfield, 06000330 Warren County Fortmann, Herman H., Building, 207 Depot St., Marthasville, 06000332 MONTANA Yellowstone County Billings Townsite Historic District (Boundary Increase), 2600 (2528), 2604-2606, 2608, 2610-2614, and 2624 Montana Ave., Billings, 06000333 NEW YORK Orange County Bodine Farmhouse, 50 Wallkill Rd., Walden, 06000334 Westchester County Catt, Carrie Chapman, House, 20 Ryder Rd., Briarcliff Manor, 06000336 Nelson Avenue—Fort Hill Historic District, Roughtly along Nelson Ave., John St., Diven St., Constant St., Orchard St., Pauling St., and Decatur Ave., Peekskill, 06000335 NORTH CAROLINA Chowan County Jones, Cullen and Elizabeth, House, 2732 Rocky Hock Rd., Edenton, 06000340 Franklin County Rose Hill, W side of U.S. 401 S, 0.25 mi. N of NC 1110, Louisburg, 06000339 Wake County Maiden Lane Historic District, 2-20 Maiden Ln., Raleigh, 06000338 TENNESSEE Hawkins County Moore Family Farm, 483 VFW Rd., Bulls Gap, 06000343 Williamson County Harlinsdale Farm, (Historic Family Farms in Middle Tennessee MPS) 239 Franklin Rd., Franklin, 06000344 VIRGINIA Arlington County Westover Historic District, (Garden Apartments, Apartment Houses and Apartment Complexes in Arlington County, Virginia MPS) Bounded by McKinley Rd., N. Washington Blvd., N. 16th St., N. Jefferson St., N. 11th St. and N. Fairfax Dr., Arlington, 06000345 Caroline County Auburn, 320 N. Main St., Bowling Green, 06000342 Fairfax County Tower House, 9066 Tower House Place, Alexandria, 06000341 Frederick County Fort Collier, One mile N of Winchester on VA 11, Winchester, 06000356 Giles County Shannon Cemetery, Jct. of VA 42 and 100, Pearisburg, 06000350 King George County Bunche, Ralph, High School, 10139 James Madison Hwy., King George, 06000353 Loudoun County Paeonian Springs Historic District, Area inc. parts of Berry Bramble Ln., Catoctin Ridge St., Charles Town Pike, Highland Circle, and Simpson Circle, Paeonian Springs, 06000352 Nelson County Edgewood, 3008 Warminster Rd., Wingina, 06000354 Mitchell's Brick House Tavern, 5365 Thomas Nelson Hwy., Arrington, 06000355 Richmond Independent City Fraternal Order of Eagles Building, 220 E. Marshall St., Richmond (Independent City), 06000346 Hebrew Cemetery, 400 Hospital St., Richmond (Independent City), 06000348 Lock Lane Apartments, 12-58 West Lock Ln., 11-19 and 27-57 East Lock Ln., and 4701 Grove Ave., Richmond (Independent City), 06000347 Richmond and Chesapeake Bay Railway Car Barn, 1620 Brook Rd., Richmond (Independent City), 06000349 Rockbridge County Glasgow Historic District (Boundary Increase), 900 Blks of Fizlee St. and Rockbridge Rd., Glasgow, 06000351 Salem Independent City Preston House (Boundary Increase and Decrease), 1936 W. Main St., Salem (Independent City), 06000357 A request for a move has been made for the following resource: ARKANSAS Jefferson County Boone-Murphy House 714 W. 4th Ave., Pine Bluff, 79000442 A request for removal have been made for the following resources: ARIZONA Maricopa County Green, Mary and Moses, House (Tempe MRA), W of Carver St., Tempe, 85000406 Miller Block (Tempe MRA) 417-422 Mill Ave., Tempe, 84000727 Miranda, Jesus, Homestead (Tempe MRA), 1992 E. University, Tempe, 84000729 Peterson Building, 409-413 S. Mill Ave, Tempe, 80000766 Rohrig School (Tempe MRA), 2328 E. University Dr., Tempe, 84000175 Tempe Cotton Exchange Cotton Gin Seed Storage Building (Tempe MRA), 215 W. 7th St., Tempe, 84000744 West End Hotel (Phoenix Commercial MRA), 701 W. Washington, Phoenix, 85002897 To assist in the preservation of the following resource the 15-day comment period has been waived: KENTUCKY Jefferson County Stephen Foster Elementary School, 4020 Garland Ave., Louisville, 06000337 [FR Doc. E6-4851 Filed 4-3-06; 8:45 am] BILLING CODE 4312-51-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-510] In the Matter of Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Consolidated Enforcement and Advisory Opinion Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) terminating the above-captioned proceeding. The Commission has also determined to rescind the limited exclusion and cease and desist orders previously issued in the underlying investigation and to vacate a summary ID previously issued in the proceeding. FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-3104. Copies of the public version of the ID and all nonconfidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-2000. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: This investigation was instituted by the Commission on June 3, 2004, based on a complaint filed by Trend Micro Inc. (“Trend Micro”) of Cupertino, California under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337. 69 FR 32044-45 (June 8, 2004). The complaint alleged violations of section 337 in the importation into the United States, the sale for importation into the United States, or the sale within the United States after importation of certain systems for detecting and removing computer viruses or worms, components thereof, and products containing same by reason of infringement of claims 1-22 of U.S. Patent No. 5,623,600 (“the ‘600 patent”). The notice of investigation named Fortinet, Inc., of Sunnyvale, California (“Fortinet”) as the sole respondent. On May 9, 2005, the ALJ issued his final ID in this investigation finding a violation of section 337 based on his findings that claims 4, 7, 8, and 11-15 of the ‘600 patent are not invalid or unenforceable, and are infringed by respondent's products. On July 8, 2005, the Commission issued notice that it had determined not to review the ALJ's final ID on violation, thereby finding a violation of section 337. 70 FR 40731 (July 14, 2005). The Commission also requested briefing on the issues of remedy, the public interest, and bonding. *Id.* Submissions on the issues of remedy, the public interest, and bonding were filed by all parties. On August 8, 2005, the Commission terminated the investigation, and issued a limited exclusion order and a cease and desist order covering respondent's systems for detecting and removing computer viruses or worms, components thereof, and products containing same that infringe claims 4, 7, 8, and 11-15 of the ‘600 patent. On September 13, 2005, complainant Trend Micro filed a complaint for enforcement of the Commission's remedial orders. On October 7, 2005, the Commission determined to institute a formal enforcement proceeding to determine whether Fortinet was in violation of the Commission's cease and desist order issued in the investigation and what, if any, enforcement measures were appropriate. 70 FR 76076 (December 22, 2005). On October 26, 2005, Fortinet filed a request for an advisory opinion under Commission rule 210.79, 19 CFR 210.79, that would declare that Fortinet's anti-virus “FortiGate” products incorporating Fortinet's newly redesigned anti-virus software does not infringe claims 4, 7, 8, and 11-15 of the ‘600 patent and, therefore, is not covered by the Commission's cease and desist and limited exclusion orders, issued on August 8, 2005. On December 16, 2005, the Commission determined to institute an advisory opinion proceeding to determine whether Fortinet's redesigned anti-virus software infringes the asserted claims of the ‘600 patent. On January 11, 2006, the presiding ALJ consolidated the enforcement proceeding and advisory opinion proceeding. On December 16, 2005, Trend Micro moved for summary determination that Fortinet had violated sections III(B), III(D), and III(E) of the cease and desist order. On January 12, 2006, the ALJ issued an ID (Order No. 26) granting Trend Micro's motion for summary determination that Fortinet violated section III(B) of the cease and desist order. On February 9, 2006, the Commission determined not to review Order No. 26. On December 21, 2005, Fortinet filed a request for an additional advisory opinion concerning the so-called Clearswift license, which it later withdrew on February 15, 2006. On January 27, 2006, Trend Micro and Fortinet entered into a settlement agreement that resolves their dispute before the Commission. On February 14, 2006, Trend Micro and Fortinet filed a joint motion to terminate the consolidated proceedings on the basis of the settlement agreement. The joint motion included a petition to rescind the limited exclusion and cease and desist orders issued in the investigation, and a petition to vacate Order No. 26. On February 27, 2006, the Commission investigative attorney filed a response in support of the joint motion to terminate and in support of the joint petitions to rescind the limited exclusion and cease and desist orders and to vacate Order No. 26. On February 28, 2006, the ALJ issued an ID (Order No. 31) granting the joint motion to terminate the consolidated enforcement and advisory opinion proceedings based on the settlement agreement. The ALJ also recommended that the Commission rescind the limited exclusion order and cease and desist order issued in the investigation and vacate Order No. 26. No party petitioned for review of the ID. The Commission has determined not to review the subject ID granting the parties' joint motion to terminate the consolidated enforcement and advisory opinion proceeding. Additionally, the Commission has determined that the parties' settlement agreement satisfies the requirement of section 337(k) and Commission rule 210.76(a)(1), 19 CFR 210.76(a)(1), for changed conditions of fact or law and has therefore issued an order rescinding the limited exclusion order and cease and desist order previously issued by the Commission in the underlying investigation. Finally, in view of specific terms in the settlement agreement, the Commission has determined to vacate Order No. 26. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42 and 210.76 of the Commission's Rules of Practice and Procedure (19 CFR 210.42 and 210.76). Issued: March 29, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06-3215 Filed 4-3-06; 8:45 am]

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