Notices. Solicitation of comments for Updating the Strategic Plan
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/register/2006/04/07/06-3384A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4210-67-M DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Federal Housing Enterprise Oversight; Strategic Plan AGENCY: Office of Federal Housing Enterprise Oversight, HUD. ACTION: Solicitation of comments for Updating the Strategic Plan. SUMMARY: Office of Federal Housing Enterprise Oversight (OFHEO) is soliciting comments as it updates its Strategic Plan. In accordance with the requirements of the Government Performance and Results Act of 1993 that agencies update their Strategic Plans every three years, OFHEO is developing its 2006-2011 Strategic Plan and soliciting the views and suggestions of those entities potentially affected by or interested in the plan.
OFHEO's current Strategic Plan, for FY 2003-2008, may be viewed on the OFHEO Web site at *http://www.ofheo.gov* in the “About OFHEO” section. DATES: Written comments regarding the Strategic Plan must be received by May 5, 2006. ADDRESSES: All comments concerning the notice should be addressed to: Susan S. Jacobs, Chief Strategic Planning Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Third Floor, Washington, DC 20552. Comments may also be submitted via electronic mail to:
“ *StrategicPlan@ofheo.gov* ”. OFHEO requests that written comments submitted in hard copy also be accompanied by the electronic version in MS Word or in portable document format
(PDF)on 3.5 disk or CD-ROM. If OFHEO cannot read your comment due to technical difficulties and cannot contact you for clarification, OFHEO may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption, and be free of any defects or viruses. FOR FURTHER INFORMATION CONTACT: Susan S. Jacobs, Chief Strategic Planning Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW., Third Floor, Washington, DC 20552, telephone
(202)414-3821 (not a toll-free number). The telephone number for the Telecommunications Device for the Deaf is:
(800)877-8339. SUPPLEMENTARY INFORMATION: The Office of Federal Housing Enterprise Oversight (OFHEO) is charged by Congress, as established in Title XIII of the Housing and Community Development Act of 1992, known as the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, with the mandate of overseeing the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, Fannie Mae and Freddie Mac (Enterprises). Three years ago, OFHEO adopted a Strategic Plan covering FY 2003-2008. Section 306 of the Government Performance and Results Act of 1993 (GPRA), 31 U.S.C. 1115 *et seq.* , requires that agencies update and revise their Strategic Plans every three years. OFHEO is currently drafting a new plan for FY 2006-2011 that will describe the agency's mission, strategic goals and objectives, and strategies to achieve them. This plan will provide a framework for the years ahead. OFHEO uses its Strategic Plan to guide each year's performance goals, which are described in OFHEO's Annual Performance Budgets. They may be viewed on the OFHEO Web site at *http://www.ofheo.gov* in the “News Center & FOIA” section, “Reports” section. In today's notice, OFHEO is soliciting the views and suggestions that may be considered in the development of its revised plan. Additionally, OFHEO will publish a draft plan on the OFHEO Web site in late summer and will continue to encourage comments. OFHEO will then submit its Strategic Plan to the President and the Congress, pursuant to the statutory requirements, and make it available to the public on the OFHEO Web site. Dated: April 3, 2006. Stephen A. Blumenthal Acting Director, Office of Federal Housing Enterprise Oversight. [FR Doc. E6-5129 Filed 4-6-06; 8:45 am] BILLING CODE 4220-01-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Maguire Daisy, Holmgren Milk-Vetch, Shivwits Milk-Vetch, Virgin River Chub, Woundfin, and Kanab Ambersnail AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 5-year review of Maguire daisy ( *Erigeron maguirei* ), Holmgren milk-vetch ( *Astragalus holmgreniorum* ), Shivwits milk-vetch ( *Astragalus ampullarioides* ), Virgin River chub ( *Gila seminuda* ), woundfin ( *Plagopterus argentissimus* ), and Kanab ambersnail ( *Oxyloma haydeni kanabensis* ) under the Endangered Species Act of 1973 (ESA). The purpose of reviews conducted under this section of the ESA is to ensure that the classification of species as threatened or endangered on the List of Endangered and Threatened Wildlife and Plants (50 CFR 17.12) is accurate. The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. DATES: To allow us adequate time to conduct this review, we must receive your information no later than June 6, 2006. However, we will continue to accept new information about any listed species at any time. ADDRESSES: Submit information to the Utah Field Office, U.S. Fish and Wildlife Service, Attention: 5-year Review, 2369 West Orton Circle, Suite 50, West Valley City, Utah 84119. Information received in response to this notice and review, as well as other documentation in our files, will be available for public inspection, by appointment, during normal business hours, at the above address. FOR FURTHER INFORMATION CONTACT: Henry Maddux, Field Supervisor, at the above address, or telephone 801-975-3330. SUPPLEMENTARY INFORMATION: Why Is a 5-Year Review Being Conducted? Section 4(c)(2)(A) of the ESA (16 U.S.C. 1531 *et seq.* ) requires that we conduct a review of listed species at least once every 5 years. We are then, under section 4(c)(2)(B) and the provisions of subsections
(a)and (b), to determine, on the basis of such a review, whether or not any species should be removed from the List of Endangered and Threatened Wildlife and Plants (delisted), or reclassified from endangered to threatened (downlisted), or reclassified from threatened to endangered (uplisted). The 5-year review is an assessment of the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any new information (best scientific and commercial data) on the following species since their original listings as endangered (Holmgren milk-vetch (66 FR 49560, September 28, 2001), Kanab ambersnail (57 FR 13657, April 17, 1992), Shivwits milk-vetch (66 FR 49560, September 28, 2001), Virgin River chub (54 FR 35305, August 24, 1989), Woundfin (39 FR 1171, January 4, 1974), and Maguire daisy (50 FR 36089, September 5, 1985)). For Maguire daisy, we especially request information since its 1996 reclassification from endangered to threatened (61 FR 31054, June 19, 1996). While the Holmgren and Shivwits milk-vetches have not yet been listed for 5 years, these reviews will not be completed until after the 5-year period on September 28, 2006. If the present classification of any of these species is not consistent with the best scientific and commercial information available, the Service will recommend whether or not a change is warranted in the Federal classification of the species. Any change in Federal classification would require a separate rule-making process. Our regulations at 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under active review. This notice announces our active review of the Holmgren milk-vetch, Kanab ambersnail, Maguire daisy, Shivwits milk-vetch, Virgin River chub, and woundfin. What Information Is Considered in the Review? A 5-year review considers all new information available at the time of the review. These reviews will consider the best scientific and commercial data that have become available since the current listing determination or most recent status review of each species, such as—(A) Species biology, including but not limited to population trends, distribution, abundance, demographics, and genetics;
(B)Habitat conditions, including but not limited to amount, distribution, and suitability;
(C)Conservation measures that have been implemented to benefit the species;
(D)Threat status and trends (see five factors under heading “How do we determine whether a species is endangered or threatened?”); and
(E)Other new information, data, or corrections, including but not limited to taxonomic or nomenclatural changes, identification of erroneous information contained in the List of Endangered and Threatened Wildlife and Plants, and improved analytical methods. Public Solicitation of New Information We request any new information concerning the status of Holmgren milk-vetch, Kanab ambersnail, Maguire daisy, Shivwits milk-vetch, Virgin River chub, and woundfin. See “What information is considered in the review?” heading for specific criteria. Information submitted should be supported by documentation such as maps, bibliographic references, methods used to gather and analyze the data, and/or copies of any pertinent publications, reports, or letters by knowledgeable sources. We specifically request information regarding data from any systematic surveys, as well as any studies or analysis of data that may show population size or trends; information pertaining to the biology or ecology of the species; information regarding the effects of current land management on population distribution and abundance; information on the current condition of designated or proposed critical habitat (only applies to Holmgren and Shitwits milk-vetches, Virgin River chub, and Woundfin); and recent information regarding conservation measures that have been implemented to benefit the species. Additionally, we specifically request information regarding the current distribution of populations and evaluation of threats faced by the species in relation to the five listing factors (as defined in section 4(a)(1) of the ESA) and each species listed status as judged against the definition of threatened or endangered. Finally, we solicit recommendations pertaining to the development of or potential updates to recovery plans and additional actions or studies that would benefit these species in the future. Our practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home addresses from the supporting record, which we will honor to the extent allowable by law. There also may be circumstances in which we may withhold from the supporting record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. How Are These Species Currently Listed? The List of Endangered and Threatened Wildlife and Plants
(List)is found in 50 CFR 17.11 (wildlife) and 17.12 (plants). Amendments to the List through final rules are published in the **Federal Register** . The List also is available on our Internet site at *http://endangered.fws.gov/wildlife.html#Species* . In Table 1 below, we provide a summary of the listing information for the species under active review. Table 1.—Summary of the Listing Information for Holmgren Milk-vetch, Kanab Ambersnail, Maguire Daisy, Shivwits Milk-vetch, Virgin River Chub, and Woundfin Species Common name Scientific name Historic range Where endangered or threatened Status When listed Critical habitat Special rules * * * * * * * **Plants** Holmgren Milk-vetch *Astragalus holmgreniorum* U.S.A. (AZ, UT) Entire E 711 NA NA Maguire Daisy *Erigeron maguirei* U.S.A.
(UT)Entire T 202,584 NA NA Shivwits Milk-vetch *Astragalus ampullarioides* U.S.A.
(UT)Entire E 711 NA NA * * * * * * * **Fish** Virgin River Chub *Gila seminuda* U.S.A. (AZ, NV, UT) Entire E 361 17.95
(e)NA Woundfin *Plagopterus argentissimus* U.S.A. (AZ, NV, UT) Entire, except Gila R. drainage, AZ, NM E 2,193 17.95
(e)NA Do do do Gila R. drainage, AZ, NM EXPN 193 NA 17.84
(b)* * * * * * * **Invertebrates** Kanab Ambersnail *Oxyloma haydeni kanabensis* U.S.A. (AZ, UT) Entire E 431E, 459,477 NA NA * * * * * * * Definitions Related to This Notice The following definitions are provided to assist those persons who contemplate submitting information regarding the species being reviewed—(A) Species includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate, which interbreeds when mature;
(B)Endangered means any species that is in danger of extinction throughout all or a significant portion of its range;
(C)Threatened means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. How Do We Determine Whether a Species Is Endangered or Threatened? Section 4(a)(1) of the ESA establishes that we determine whether a species is endangered or threatened based on one or more of the five following factors—(A) The present or threatened destruction, modification, or curtailment of its habitat or range;
(B)Overutilization for commercial, recreational, scientific, or educational purposes;
(C)Disease or predation;
(D)The inadequacy of existing regulatory mechanisms; or
(E)Other natural or manmade factors affecting its continued existence. Section 4(a)(1) of the ESA requires that our determination be made on the basis of the best scientific and commercial data available. What Could Happen as a Result of This Review? If we find that there is new information concerning Holmgren milk-vetch, Kanab ambersnail, Maguire daisy, Shivwits milk-vetch, Virgin River chub, and woundfin indicating a change in classification may be warranted, we may propose a new rule that could do one of the following—(a) Reclassify the species from endangered to threatened (downlist);
(b)reclassify the species from threatened to endangered (uplist); or
(c)remove the species from the List. If we determine that a change in classification is not warranted, then these species will remain on the List under their current status. Authority This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: March 20, 2006. Casey Stemler, Acting Deputy Regional Director, Denver, Colorado. [FR Doc. E6-5087 Filed 4-6-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF INTERIOR Fish and Wildlife Service Application From the Nevada Department of Wildlife; Elko, Eureka, Lander, and Nye Counties, NV, for an Enhancement of Survival Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. SUMMARY: In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement
(SHA)between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of Lahontan cutthroat trout ( *Oncorhynchus clarki henshawi* ) within the Humboldt River Distinct Population Segment and the Interior Basin areas in Nevada. The proposed duration of both the SHA and permit is 50 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review. DATES: Written comments must be received by 5 p.m. on May 8, 2006. ADDRESSES: Please address comments to Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, 1340 Financial Boulevard, Suite 234, Reno, Nevada, facsimile number
(775)861-6301. FOR FURTHER INFORMATION CONTACT: David Potter, Fish and Wildlife Biologist, (see ADDRESSES ), telephone
(775)861-6300. SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the permit application, the Environmental Action Statement, or copies of the full text of the proposed SHA, including a map of the proposed permit area, references, and description of the proposed permit area, should contact the office and personnel listed in the ADDRESSES section. Documents also will be available for public inspection, by appointment, during normal business hours at this office (see ADDRESSES ). We specifically request information, views, and opinions from the public on the proposed Federal action of issuing a permit, including the identification of any aspects of the human environment not already analyzed in our Environmental Action Statement. Further, we specifically solicit information regarding the adequacy of the SHA as measured against our permit issuance criteria found in 50 CFR 17.22(c). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their identity from the administrative record. We will honor such requests to the extent allowed by law. Respondents wishing us to withhold their identity (e.g., individual name, home address and home phone number) must state this prominently at the beginning of their comments. We will make all submissions from organizations, agencies or businesses, and from individuals identifying themselves as representatives of officials of such entities, available for public inspection in their entirety. Background The primary objective of this proposed SHA is to encourage voluntary habitat restoration, maintenance or enhancement activities to benefit Lahontan cutthroat trout by relieving a landowner who enters into the provisions of a Cooperative Agreement with the Applicant from any additional section 9 liability under the Endangered Species Act beyond that which exists at the time the Cooperative Agreement is signed and Certificate of Inclusion issued (“regulatory baseline”). A SHA encourages landowners to conduct voluntary conservation activities and assures them that they will not be subjected to increased listed species restrictions should their beneficial stewardship efforts result in increased listed species populations. Application requirements and issuance criteria for enhancement of survival permits and SHAs are found in 50 CFR 17.22(c). As long as enrolled landowners allow the agreed-upon conservation measures to be completed on their property and agree to maintain their baseline responsibilities, they may make any other lawful use of the property during the term of the Cooperative Agreement, even if such use results in the take of individual Lahontan cutthroat trout or harm to this species' habitat. As proposed in the SHA, landowners within the Humboldt River Distinct Population Segment, as identified by the Lahontan Cutthroat Trout Recovery Plan, and the Interior Basin in Nevada, may be enrolled by the Applicant under the SHA. Landowners, as Cooperators, would receive a Certificate of Inclusion when they sign a Cooperative Agreement. The Cooperative Agreement would include:
(1)A map of the property;
(2)delineation of the portion of the property to be enrolled and its stream mileage/feet;
(3)the property's baseline and biological assessment which would include a thorough stream analysis (with photos) of the enrolled stream miles/feet;
(4)a description of the specific conservation measures to be completed; and
(5)the responsibilities of the Cooperator and the Applicant. The Applicant would provide draft copies of the Cooperative Agreement to the Service for an opportunity to review and concur with the recommended management activities and conservation measures. The Service would have a period of 15 business days in which to make comments on the Cooperative Agreement. If no comments were made within 15 business days, the Applicant would proceed to finalize the Cooperative Agreement. The Applicant, as the Permittee, would be responsible for annual monitoring and reporting related to implementation of the SHA and Cooperative Agreements and fulfillment of provisions by the Cooperators. As specified in the proposed SHA, the Applicant would issue yearly reports to the Service related to implementation of the program. Each Cooperative Agreement would cover conservation activities to create, maintain, restore, or enhance habitat for Lahontan cutthroat trout and achieve species' recovery goals. These actions, where appropriate, could include (but are not limited to):
(1)Restoration of riparian habitat and stream form and function;
(2)control of stocking rates for livestock (number/density of animals per unit area);
(3)repair or installation of fences to protect existing or created habitat from human disturbance;
(4)establishment of riparian buffers; and
(5)installation of screens on irrigation diversions as well as facilitation of the implementation of other objectives recommended by the Lahontan Cutthroat Trout Recovery Plan. The overall goal of Cooperative Agreements entered into under the proposed SHA is to produce conservation measures that are mutually beneficial to the Cooperators and the long-term existence of Lahontan cutthroat trout. Based upon the probable species' response time for Lahontan cutthroat trout to reach a net conservation benefit, the Service estimates it will take 5 years of implementing the planned conservation measures to fully reach a net conservation benefit; some level of benefit would likely occur within a shorter time period. Most Cooperative Agreements under the proposed SHA are expected to have at least 10 years' duration. After maintenance of the restored/created/enhanced Lahontan cutthroat trout habitat on the property for the agreed-upon term, Cooperators may then conduct otherwise lawful activities on their property that result in the partial or total elimination of the habitat improvements and the taking of Lahontan cutthroat trout. However, the restrictions on returning a property to its original baseline condition include:
(1)The Cooperator must demonstrate that baseline conditions were maintained during the term of the Cooperative Agreement and the conservation measures necessary for achieving a net conservation benefit were carried out;
(2)the Applicant and the Service will be notified a minimum of 30 days prior to the activity and given the opportunity to capture, rescue, and/or relocate any Lahontan cutthroat trout; and
(3)return to baseline conditions must be completed within the term of the Certificate of Inclusion issued to the Applicant. Cooperative Agreements could be extended if the Applicant's permit is renewed and that renewal allows for such an extension. The Service has made a preliminary determination that approval of the proposed SHA qualifies for a categorical exclusion under NEPA, as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) based on the following criteria:
(1)Implementation of the SHA would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)implementation of the SHA would result in minor or negligible effects on other environmental values or resources; and
(3)impacts of the SHA, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. This is more fully explained in our Environmental Action Statement. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. The Service will consider public comments in making its final determination on whether to prepare such additional documentation. Decision The Service provides this notice pursuant to section 10(c) of the ESA and pursuant to implementing regulations for NEPA (40 CFR 1506.6). We will evaluate the permit application, the proposed SHA, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the ESA and NEPA regulations. If the requirements are met, the Service will sign the proposed SHA and issue an enhancement of survival permit under section 10(a)(1)(A) of the ESA to the Applicant for take of the Lahontan cutthroat trout incidental to otherwise lawful activities of the project. The Service will not make a final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Dated: March 22, 2006. Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, Reno, Nevada. [FR Doc. E6-5091 Filed 4-6-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Pueblo of Santa Ana Liquor Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice publishes the Pueblo of Santa Ana Liquor Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Pueblo of Santa Ana Indian Reservation. The Reservation is located on trust land and this Ordinance allows for possession and sale of alcoholic beverages within the exterior boundaries of the Pueblo of Santa Ana Indian Reservation. This Ordinance will increase the ability of the tribal government to control the community's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services. DATES: *Effective Date:* This Ordinance is effective on April 7, 2006. FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Tribal Government Services Officer, Southwest Regional Office, 1001 Indian School Road, NW., Albuquerque, New Mexico 87104, Telephone:
(505)563-3530; Fax:
(505)563-3060; or Ralph Gonzales, Office of Tribal Services, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington, DC 20240, Telephone:
(202)513-7629. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in *Rice* v. *Rehner* , 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the **Federal Register** notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Santa Ana Tribal Council approved amendments to its Liquor Ordinance by Resolution No. 05-R-54 on November 15, 2005. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within the Pueblo of Santa Ana Indian Reservation. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary—Indian Affairs. I certify that this Liquor Ordinance of the Pueblo of Santa Ana was duly adopted by the Tribal Council on November 15, 2005. Dated: March 31, 2006. Michael D. Olsen, Acting Principal Deputy Assistant Secretary—Indian Affairs. The Pueblo of Santa Ana's Liquor Ordinance Reads as Follows Title 10: Licensing & Regulation Chapter One: Liquor Code Subchapter One: General Provisions Section 101: Findings The Tribal Council finds as follows: A. The introduction, possession and sale of alcoholic beverages on the Santa Ana Indian Reservation has, for a long time, been clearly recognized as a matter of special concern to the Pueblo and its members and to the United States; B. Under federal law and New Mexico state law, and as a matter of inherent Tribal sovereignty, the question of when and to what extent alcoholic beverages may be introduced into and sold or consumed within the Santa Ana Indian Reservation is to be decided by the governing body of the Tribe; C. It is desirable that the Tribal Council legislate comprehensively on the subject of the sale and possession of alcoholic beverages within the Santa Ana Indian Reservation, both to establish a consistent and reasonable Tribal policy on this important subject, as well as to facilitate economic development projects within the Santa Ana Indian Reservation that may involve outlets for the sale and consumption of alcoholic beverages; and D. It is the policy of the Tribal Council that the introduction, sale and consumption of alcoholic beverages within the Santa Ana Indian Reservation be carefully regulated so as to protect the public health, safety and welfare, and that licensees be made fully accountable for violations of conditions of their licenses and the consequences thereof. Section 102: Definitions As used in this Chapter, the following words shall have the following meanings: A. “Council” means the Tribal Council of the Pueblo of Santa Ana. B. “Development Area” means those lands within the Santa Ana Indian Reservation that are situated west of the Rio Grande and that abut U.S. Highway 550, State Road 528 or the Jemez Canyon Dam Road, but does not include any lands within one mile of the intersection of U.S. Highway 550 and the turnoff to the village of Tamaya (provided, however, that if such term is more specifically defined in a planning or zoning statute or ordinance adopted by the Tribal Council, or in any regulations issued under the authority of any such duly adopted planning or zoning statute or ordinance, such definition shall supersede and control the definition of such term set forth herein). C. “Governor” means the Governor of the Pueblo of Santa Ana. D. “Licensed Premises” means the location within the Santa Ana Indian Reservation at which a licensee is permitted to sell and allow the consumption of alcoholic beverages, and may, if requested by the applicant and approved by the Governor, include any related or associated facilities under the control of the licensee, or within which the licensee is otherwise authorized to conduct business (but subject to any conditions or limitations as to sales within such area that may be imposed by the Governor in issuance of the license). E. “Licensee” means a person or entity that has been issued a license to sell alcoholic beverages on the licensed premises under the provision of this Liquor Code. F. “Liquor” or “Alcoholic Beverage” includes the four varieties of liquor commonly referred to as alcohol, spirits, wine and beer, and all fermented, spirituous, vinous or malt liquors or combinations thereof, mixed liquor, any part of which is fermented, spirituous, vinous, or malt liquor, or any otherwise intoxicating liquid, including every liquid or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine or beer and intended for oral consumption. G. “Liquor Code” means the Santa Ana Pueblo Liquor Code, this Chapter. H. “Person” means any natural person, partnership, corporation, joint venture, association, or other legal entity. I. “Pueblo” or “Tribe” means the Pueblo of Santa Ana. J. “Sale” or “sell” means any exchange, barter, or other transfer of goods from one person to another for commercial purposes, whether with or without consideration. K. “Santa Ana Indian Reservation” means all lands within the exterior boundaries of the Santa Ana Indian Reservation, all lands within the exterior boundaries of the El Ranchito Grant and the Santa Ana Pueblo Grant, and all other lands owned by the Pueblo subject to federal law restrictions on alienation or held by the United States for the use and benefit of the Pueblo. L. “Special Event” means a bona fide special occasion such as a fair, fiesta, show, tournament, contest, meeting, picnic or similar event within the Development Area, sponsored by an established business or organization, lasting no more than three days. A special event may be open to the public or to a designated group, and it may be a one-time event or periodic, provided, however, that such events held more than four times a year by the same business or organization may not be deemed special events for purposes of this Liquor Code, in the discretion of the Governor. M. “Server” means an individual who sells, serves or dispenses alcoholic beverages for consumption on or off licensed premises, including any person who manages, directs or controls the sale or service of alcohol. N. “Tribal Administrator” means the Tribal Administrator of the Pueblo of Santa Ana. Section 103: Sovereign Immunity Preserved Nothing in the Liquor Code shall be construed as a waiver or limitation of the sovereign immunity of the Pueblo. Section 104: Initial Compliance No person shall be disqualified from being issued a license under the provisions of this Liquor Code, or shall be found to have violated any provision of this Chapter, solely because such person, having been duly authorized to engage in the sale of alcoholic beverages within the Santa Ana Indian Reservation under the law as it existed prior to enactment of this Liquor Code, continues to engage in such business without a license issued under the provisions of this Liquor Code after the effective date hereof, so long as such person, within 90 days after such effective date (or within 30 days after receiving written notice from the Pueblo of the enactment of the Liquor Code, whichever is later) submits an application for such license in compliance with the provisions of this Liquor Code, and a license is thereafter issued in due course; provided, however, that upon the issuance of a license under the provisions of this Liquor Code to any person or entity, or upon the rejection of an application for such license by any person or entity, no license issued by the State of New Mexico or issued under the provisions of any prior law of the Pueblo that is held by such person or entity, or that purports to authorize the possession, sale or consumption of alcoholic beverages on premises covered by a license issued (or a license application rejected) under the provisions of this Liquor Code, shall have any further validity or effect within the Santa Ana Indian Reservation. Section 105: Severability In the event any provision of this Liquor Code is held invalid or unenforceable by any court of competent jurisdiction, the remainder of the Code shall continue in full force and effect, notwithstanding the invalidity or unenforceability of such provision, to the fullest extent practicable. Subchapter Two: Sale, Possession and Consumption Of Alcoholic Beverages Section 121: Prohibition The sale, introduction for sale, purchase, or other dealing in alcoholic beverages, except as is specifically authorized by the Liquor Code, is prohibited within the Santa Ana Indian Reservation. Section 122: Possession For Personal Use Possession of alcoholic beverages for personal use shall be lawful within the Santa Ana Indian Reservation only if such alcoholic beverages were lawfully purchased from an establishment duly licensed to sell such beverages, whether on or off the Santa Ana Indian Reservation, and are possessed by a person or persons 21 years of age or older. Such possession is otherwise prohibited. Section 123: Transportation Through Reservation Not Affected Nothing herein shall pertain to the otherwise lawful transportation of alcoholic beverages through the Santa Ana Indian Reservation by persons remaining upon public highways (or other areas paved for motor vehicles) and where such beverages are not delivered, sold or offered for sale to anyone within the Santa Ana Indian Reservation. Section 124: Requirement of Pueblo License No person shall sell any alcoholic beverage within the Santa Ana Indian Reservation at retail, or offer any such beverage for sale at retail, unless such person holds a license issued by the Pueblo under the provisions of this Chapter. Section 125: All Sales for Personal Use No person licensed to sell alcoholic beverages within the Santa Ana Indian Reservation shall sell any such beverage for resale, but all such sales shall be for the personal use of the purchaser. Nothing herein shall prohibit a duly licensed wholesale dealer in alcoholic beverages from selling and delivering such beverages to properly licensed retailers within the Santa Ana Indian Reservation, so long as such sales and deliveries are otherwise in conformity with the laws of the State of New Mexico and this Liquor Code. Section 126: Package Sales and Sales of Liquor By The Drink Permitted Sales of alcoholic beverages on the Santa Ana Indian Reservation may be in package form or for consumption on the premises, or both, so long as the seller is properly licensed by the Pueblo to make sales of that type. No seller of alcoholic beverages shall permit any person to bring onto premises where liquor by the drink is authorized to be sold any alcoholic beverages purchased elsewhere, unless such person is otherwise licensed to possess or distribute such beverages on such premises. Section 127: No Sales to Minors No alcoholic beverages may be sold within the Santa Ana Indian Reservation to persons under the age of 21 years. Section 128: Hours and Days of Sale Alcoholic beverages may be sold, offered for sale or consumed on licensed premises within the Santa Ana Indian Reservation at such hours as are established by the Licensee, but provided that in no event shall any such sales or consumption occur between the hours of 2 a.m. and 7 a.m. on any day. Section 129: [Repealed] Section 130: Other Prohibitions on Sales The Tribal Council may, by duly enacted resolution, establish other days on which or times at which sales or consumption of alcoholic beverages are not permitted within the Santa Ana Indian Reservation. The Council shall give notice of any such enactment promptly to all licensees within the Santa Ana Indian Reservation. In addition, the Governor of the Pueblo may, in the event of a bona fide emergency, and by written order, prohibit the sale of any alcoholic beverages within the Santa Ana Indian Reservation for a period of time not to exceed 48 hours. The Governor shall give prompt notice of such emergency order to all licensees within the Santa Ana Indian Reservation. No such emergency order may extend beyond 48 hours, unless during that time the Tribal Council meets and determines that the emergency requires a further extension of such order. Section 131: Location of Sales No person licensed to sell alcoholic beverages within the Santa Ana Indian Reservation shall make such sales except at the licensed premises specifically designated in such license. No person holding a premises license shall permit consumption of alcoholic beverages purchased from such licensee to occur off of the licensed premises. Section 132: Sales to Be Made by Adults A. No person shall be employed as a server at a licensed premises unless within 30 days after such person's employment such person has obtained alcohol server training equivalent to that required under the laws of the State of New Mexico. B. No person shall be employed as a server at a licensed premises who is less than 21 years of age, except that a premises licensee that operates a restaurant or other facility that is held out to the public as a place where meals are prepared and served may employ persons 19 years of age or older to sell or serve alcoholic beverages to persons who are also ordering food, provided that no person under the age of 21 shall be employed as a bartender by any licensee within the Santa Ana Indian Reservation. Section 133: All Sales Cash No licensee shall make any sale of any alcoholic beverages within the Santa Ana Indian Reservation without receiving payment therefor by cash, check or credit card at or about the time the sale is made; provided, that nothing herein shall preclude a licensee from receiving a delivery of alcoholic beverages from a duly authorized wholesaler where arrangements have been made to pay for such delivery at a different time; and provided further that nothing herein shall preclude a licensee from allowing a customer to purchase more than one alcoholic beverage in sequence, and to pay for all such purchases at the conclusion thereof, so long as payment is made in full before the customer has left the licensed premises; and provided further that nothing herein shall prevent a licensee from distributing alcoholic beverages to customers without charge, so long as such distribution is not otherwise in violation of any provision of this Liquor Code. Subchapter Three: Issuance of Licenses Section 151: Requirement of License Any person who sells, offers for sale, stores or possesses for commercial purposes, or maintains premises for the consumption of alcoholic beverages within the Santa Ana Indian Reservation, must be duly licensed under the provisions of this Liquor Code. Section 152: Classes of Licenses The following types or classes of licenses for the sale or distribution of alcoholic beverages within the Santa Ana Indian Reservation shall be permitted: A. Package license, which shall authorize the licensee to store, possess, sell and offer for sale alcoholic beverages in unopened containers, for consumption only off the licensed premises. B. Premises license, which shall authorize the licensee to store, possess and sell alcoholic beverages for consumption on the licensed premises only, and to permit such consumption on the licensed premises only, provided that such license when held by an inn or hotel shall also permit the licensee to stock any individual guest room with alcoholic beverages contained in a locked compartment, the key to which may be made available to the registered guest to whom such room is rented and who is 21 years of age or older. C. Special event license, which shall authorize the licensee to possess, distribute, sell and offer for sale alcoholic beverages for consumption only on the licensed premises, and to permit such consumption, but only for a bona fide special event, and only during the period or periods specified in such license, which period or periods shall be limited to the periods during which the special event is occurring and from beginning to end shall not exceed 72 hours. Section 153: Qualifications for License A. No person shall be entitled to be issued a license under the provisions of this Liquor Code who has previously been the subject of any proceeding resulting in the revocation or the denial of a renewal of any license for the sale of alcoholic beverages issued by the Pueblo or by any state or other jurisdiction, or who has been convicted of any felony in any jurisdiction involving theft, corruption, dishonesty or embezzlement, or who has not at the time the application for license is submitted attained the age of 21 years, or who is otherwise determined by the Pueblo to be unfit to be licensed to sell alcoholic beverages, or whose spouse is a person not qualified to hold a license under the provisions of this section. B. No partnership or corporation shall be entitled to be issued a license under the provisions of this Liquor Code if any individual occupying any management or supervisory position within such corporation or partnership, or who sits on the management committee or board of directors or trustees thereof, or who holds or controls a financial interest of ten percent or more in such partnership or corporation, is a person who would not be entitled to be issued a license under the provisions of this section. C. No person shall be entitled to be issued a package or premises license hereunder unless such person has, by virtue of an approved lease or other valid interest in lands within the Santa Ana Indian Reservation, lawful entitlement to engage in a business within the Development Area with which such license would be compatible, and can demonstrate that such person is otherwise capable of complying with all of the requirements imposed on licensees by this Liquor Code. D. No application for a package or premises license shall be issued for any licensed premises outside of the Development Area. E. Notwithstanding anything in this section to the contrary, the Pueblo and its agencies, programs and enterprises shall be entitled to be issued licenses hereunder in appropriate circumstances, provided that all other provisions of this Liquor Code are complied with. Section 154: Package and Premises License Application; Procedure; Fees A. Every person seeking a package or premises license under the provisions of this Liquor Code (other than the Pueblo or any of its agencies, programs or enterprises) shall submit to the Tribal Administrator a written application, under oath, in the form prescribed by and containing the information required by this section. B. If the applicant is a natural person, the application shall contain, at a minimum, all of the following information: 1. The full legal name of the applicant, plus any other names under which the applicant has been known or done business during the previous 20 years, and the applicant's date and place of birth, as shown by a certified copy of the applicant's birth certificate. 2. The applicant's current legal residence address and business address, if any, and every residence address that the applicant has maintained during the previous ten years, with the dates during which each such address was current. 3. The trade name, business address and description of every business in which the applicant has engaged or had any interest (other than stock ownership or partnership interest amounting to less than five percent of total capital) during the previous ten years, and the dates during which the applicant engaged in or held an interest in any such business. 4. A listing of every other jurisdiction in which the applicant has ever applied for a license to sell or distribute alcoholic beverages, the date on which each such application was filed, the name of the regulatory agency with which the application was filed, the action taken on each such application, and if any such license was issued, the dates during which it remained in effect, and as to each such license a statement whether any action was ever taken by the regulatory body to suspend or revoke such license, with full dates and details of any such incident. 5. A listing of every crime with which the applicant has ever been charged, other than routine traffic offenses (but including any charge of driving while intoxicated or the like), giving as to each the date on which the charge was made, the location, the jurisdiction, the court in which the matter was heard, and the outcome or ultimate disposition thereof. 6. The name and address of every person or entity holding any security interest in any of the assets of the business to be conducted by the applicant, or in any of the proceeds of such business. 7. A detailed plat of the business premises within the Development Area, including the floor plans of any structure and the details of any exterior areas intended to be part of the licensed premises, together with evidence of the applicant's right to conduct business on such premises. 8. A detailed description of the business conducted or intended to be conducted on the licensed premises, and including (but not limited to) hours of operation and number of employees. 9. The type(s) of license(s) requested. C. If the applicant is a corporation, the corporation, each officer of the corporation and every person holding 10% or more of the outstanding stock in the corporation shall submit an application complying with the provisions of paragraph B of this section, and in addition, the applicant shall also submit the following: 1. A certified copy of its Articles of Incorporation and Bylaws. 2. The names and addresses of all officers and directors and those stockholders owning 5% or more of the voting stock of the corporation and the amount of stock held by each such stockholder. 3. The name of the resident agent of the corporation who would be authorized to accept service of process, including orders and notices issued by the Pueblo, and who will have principal supervisory responsibility for the business to be conducted on the licensed premises. 4. Such additional information regarding the corporation as the Tribal Administrator may require to assure a full disclosure of the corporation's structure and financial responsibility. D. If the applicant is a partnership, the partnership, the managing partner and every partner having an interest amounting to 10% or more of the total equity interest in the partnership shall submit applicants complying with the provisions of paragraph B of this section, and in addition, the applicant shall submit the following: 1. A certified copy of the Partnership Agreement. 2. The names and addresses of all general partners and of all limited partners contributing 10% or more of the total value of contributions made to the limited partnership or who are entitled to 10% or more of any distributions of the limited partnership. 3. The name and address of the partner, or other agent of the partnership, authorized to accept service of process, including orders and notices issued by the Pueblo, and who will have principal supervisory responsibility for the business to be conducted in the licensed premises. 4. Such additional information regarding the partnership as the Tribal Administrator may require to assure a full disclosure of the partnership's structure and financial responsibility. E. Every applicant who is a natural person, and every person required by paragraphs C or D of this section to comply with the provisions of paragraph B, shall also submit with the application a complete set of fingerprints, taken under the supervision of and certified to by an officer of an authorized law enforcement agency located within the State of New Mexico. F. Every applicant for either a package license or a premises license shall submit with the completed license application a non-refundable license processing fee, in the amount set forth below: Package license—$5,000.00 Premises license—$1,000.00 In addition, each applicant shall pay a fee to cover the cost of a background investigation of each individual for whom such investigation must be undertaken in connection with the application, in an amount to be set by the tribal administration from time to time. G. Upon receiving a completed license application together with the required fee, the Tribal Administrator shall cause a background investigation to be performed of the applicant, to determine whether the applicant is qualified to be licensed under the provisions of this Liquor Code. Upon the written recommendation of the Tribal Administrator (if requested by the applicant), the Governor may, in his discretion, issue a preliminary license to the applicant effective for a period of no more than 90 days, but which shall be renewable for one additional period of 90 days in the event the background investigation cannot be completed within the first 90-day period; provided, however, that in no event shall the issuance of a preliminary license, or the renewal of such license for an additional 90-day period, entitle the applicant to favorable consideration with respect to the application for a package or premises license. H. The Pueblo or any of its agencies, programs or enterprises may apply for a package or premises license by submitting an application to the Tribal Administrator identifying the applicant, describing in detail the purpose of the license, including a detailed description of the proposed licensed premises, and including the appropriate fee as set forth in paragraph F of this section. Section 155: Issuance of License A. Upon making a determination that an applicant for a package or premises license satisfies the requirements of Section 153 of this chapter, the Governor shall issue the license, authorizing the applicant to engage in sales of alcoholic beverages within the Santa Ana Indian Reservation as permitted by the class of license applied for, and specifying in detail the licensed premises where such sales are permitted (which shall be within the Development Area), but subject also to all the terms and conditions of this Liquor Code, and to such other appropriate conditions, not inconsistent with the provisions of this Liquor Code, as the Governor may deem reasonable and necessary under the circumstances. B. In the event the Governor concludes that the applicant does not satisfy the requirements of Section 153 of this chapter, the Governor shall issue a notice denying the application, and explaining the basis for such denial. C. Any applicant whose application is denied shall have the right to appeal such denial, by filing a Notice of Appeal with the Office of the Governor and with the Santa Ana Tribal Court, within 30 days of the date of receipt of the Notice of Denial. Upon receiving a copy of a Notice of Appeal, the Governor's office shall prepare a copy of the entire file pertaining to the application and shall transmit it to the Tribal Court, with a copy to the applicant. The Pueblo, represented by the Pueblo's attorney, shall appear in the action in the Tribal Court. The proceedings in the Tribal Court shall be based upon the information submitted to the Governor by the applicant and any other information obtained by the Governor in the course of processing the application, except that the applicant shall be permitted to submit additional evidence to rebut or explain information relied on by the Governor for his denial of the application that was not obtained from the applicant. The Tribal Court shall affirm the Governor's decision unless it finds that the Governor acted arbitrarily or capriciously or otherwise abused his discretion in making his determination. D. Any party that is aggrieved by the decision of the Tribal Court may petition the Tribal Council to review the Tribal Court decision, in writing, within 30 days after issuance of the Tribal Court decision. The petition shall set forth the specific grounds on which the petitioner claims the Tribal Court erred in its decision, and why its decision should be reviewed, and shall be served on the Governor and all parties. The prevailing party may submit a response to the petition within 15 days of service of the petition. The Governor shall place the petition on the agenda of the next Tribal Council meeting after service of the response (or the expiration of the 15-day period, if no response is filed), and the Tribal Council shall, at such meeting, decide whether to hear the petition. In the event the Tribal Council decides to hear the petition, the Governor shall notify all parties of that decision, and of the date on which the Tribal Council shall consider the matter. The Governor shall provide each Tribal Council member with a copy of the Tribal Court decision, the petition for Tribal Council review and the response, if any, and the complete record before the Tribal Court shall be available for inspection by any Tribal Council member. The Tribal Council shall hear each party's representative present its arguments, and shall decide by majority vote whether a license should be issued to the applicant. The Tribal Council's decision shall be final and nonreviewable. Section 156: Term; Renewal; Fee A. Each package or premises license issued hereunder shall have a term of one
(1)year from the date of issuance, provided that such license shall be renewable for additional periods of one year each by any licensee who has complied fully with the terms and provisions of the license and of this Liquor Code during the term of the license, and who remains fully qualified to be licensed under the provisions of Section 153 of this Chapter, upon payment to the Pueblo of a license renewal fee in the amount of the initial application fee, and submission of an application for renewal on a form specified by the Tribal Administrator, no less than thirty
(30)days prior to the expiration date of the license. The failure to submit timely renewal application, with the required fee, may subject the licensee to a late charge of $500.00. If the renewal application is not submitted prior to expiration of the license, the Tribal Administrator may treat the license as having expired, and may require the licensee to file a new application in compliance with Section 154 of this chapter. B. Upon receipt of an application for renewal of a license, the Governor shall undertake to determine whether the licensee has conducted its operations in compliance with the provisions of this Code, and is otherwise qualified to be licensed. In the event the Governor receives information indicating that the licensee has not complied with the provisions of this Code or is otherwise not qualified to be licensed hereunder, the Governor shall deny the application for renewal, giving the licensee written notice thereof with a statement of the reasons for such denial. C. A licensee may appeal a denial of an application for renewal of its license, by filing a Notice of Appeal with the Office of the Governor and with the Santa Ana Tribal Court, within 30 days of receipt of the Notice of Denial of the application for renewal. Upon receiving the Notice of Appeal, the Governor's office shall prepare a complete copy of the entire file pertaining to the application and shall transmit it to the Tribal Court, with a copy to the applicant. The Pueblo, represented by the Pueblo's attorney, shall appear in the action in the Tribal Court. The proceedings in the Tribal Court shall be based upon the information submitted to the Governor by the licensee and any other information obtained by the Governor in the course of processing the application, except that the licensee shall be permitted to submit additional evidence to rebut or explain information relied on by the Governor for his denial of the application that was not obtained from the licensee. The licensee may apply to the Tribal Court for an order maintaining the license in effect during the pendency of the appeal, but in the absence of such order, the license shall expire at the end of its term. The Tribal Court shall affirm the Governor's decision unless it finds that the Governor acted arbitrarily or capriciously or otherwise abused his discretion in making his determination. D. Any party that is aggrieved by the decision of the Tribal Court may petition the Tribal Council to review the Tribal Court decision, in writing, within 30 days after issuance of the Tribal Court decision. The petition shall set forth the specific grounds on which the petitioner claims the Tribal Court erred in its decision, and why its decision should be reviewed, and shall be served on the Governor and all parties. The prevailing party may submit a response to the petition within 15 days of service of the petition. The Governor shall place the petition on the agenda of the next Tribal Council meeting after service of the response (or the expiration of the 15-day period, if no response is filed), and the Tribal Council shall, at such meeting, decide whether to hear the petition. In the event the Tribal Council decides to hear the petition, the Governor shall notify all parties of that decision, and of the date on which the Tribal Council shall consider the matter. The Governor shall provide each Tribal Council member with a copy of the Tribal Court decision, the petition for Tribal Council review and the response, if any, and the complete record before the Tribal Court shall be available for inspection by any Tribal Council member. The Tribal Council shall hear each party's representative present its arguments, and shall decide by majority vote whether the license should be renewed. The Tribal Council's decision shall be final and nonreviewable. Section 157: Conditions of License No licensee shall have any property interest in any license issued under the provisions of this Liquor Code, and every such license shall be deemed to confer a privilege, revocable by the Pueblo in accordance with the provisions of this Chapter. The continued validity of every package and premises license issued hereunder shall be dependent upon the following conditions: A. Every representation made by the licensee and any of its officers, directors, shareholders, partners or other persons required to submit information in support of the application, shall have been true at the time such information was submitted, and shall continue to be true, except to the extent the licensee advises the Tribal Administrator in writing of any change in any such information, and notwithstanding any such change, the licensee shall continue to be qualified to be licensed under the provisions of this Liquor Code. B. The licensee shall at all times conduct its business on the Santa Ana Indian Reservation in full compliance with the provisions of this Liquor Code and with the other laws of the Pueblo. C. The licensee shall maintain in force, public liability insurance covering the licensed premises, insuring the licensee and the Pueblo against any claims, losses or liability whatsoever for any acts or omissions of the licensee or of any business invitee on the licensed premises resulting in injury, loss or damage to any other party, with coverage limits of at least $1 million per injured person, and the Tribal Administrator shall at all times have written evidence of the continued existence of such policy of insurance. D. The licensee shall continue to have authority to engage in business within the Development Area, and shall have paid all required rentals, assessments, taxes, or other payments due the Pueblo. E. The business conducted on the licensed premises shall be conducted by the licensee or its employees directly, and shall not be conducted by any lessee, sublessee, assignee or other transferee, nor shall any license or any interest therein be sold, assigned, leased or otherwise transferred to any other person. F. All alcoholic beverages sold on the licensed premises shall have been obtained from a New Mexico licensed wholesaler. G. The licensee shall submit to the jurisdiction of the Tribal Court of the Pueblo with respect to any action brought by the Pueblo or any of its agencies or officials to enforce the provisions of this Liquor Code. Section 158: Sanctions for Violation of License A. Upon determining that any person licensed by the Pueblo to sell alcoholic beverages under the provisions of this chapter is for any reason no longer qualified to hold such license under the provisions of Section 153 hereof, or has violated any of the conditions set forth in Section 157, the Governor shall immediately serve written notice upon such licensee directing that he show cause within ten
(10)calendar days why his license should not be suspended or revoked, or a fine imposed. The notice shall specify the precise grounds relied upon and the action proposed. B. If the licensee fails to respond to such notice within ten
(10)calendar days of service of such notice, the Governor shall issue an order suspending the license for such period as the Governor deems appropriate, or revoking the license, effective immediately, or imposing a fine, in such amount as the Governor deems reasonable. If the licensee, within the 10-day period, files with the Office of the Governor a written response and request for a hearing before the Santa Ana Tribal Court, such hearing shall be set no later than thirty
(30)calendar days after receipt of such request. C. At the hearing, the licensee, who may be represented by counsel, shall present evidence and argument directed at the issue of whether or not the asserted grounds for the proposed action are in fact true, and whether such grounds justify such action. The Pueblo may present such other evidence as it deems appropriate. D. The court after considering all of the evidence and arguments shall issue a written decision either upholding the proposed action of the Governor, modifying such action by imposing some lesser penalty, or ruling in favor of the licensee, and such decision shall be final and conclusive. Section 159: Special Event License A. Any person authorized to conduct business within the Development Area, or any established organization (including any agency, department or enterprise of the Pueblo) that includes any member of the Pueblo and that has authority to conduct any activities within the Santa Ana Indian Reservation, that is not a licensee hereunder and that has not had an application for a license rejected, may apply to the Tribal Administrator for a special event license, which shall entitle the applicant to distribute alcoholic beverages, whether or not for consideration, in connection with a bona fide special event to be held by the applicant within the Development Area. Any such application must be filed in writing, in a form prescribed by the Tribal Administrator, no later than ten
(10)calendar days prior to the event, and must be accompanied by a fee in the amount of $10.00, and must contain at least the following information: 1. The exact days and times during which the event will occur (provided, that in no event shall any license be in effect for a period exceeding 72 hours, from the beginning of the first day of the event until the end of the last day); 2. The precise location within the Development Area where the event will occur, and where alcoholic beverages will be distributed; 3. The nature and purpose of the event, and the identity or categories of persons who are invited to participate; 4. The nature of any food and beverages to be distributed, and the manner in which such distribution shall occur; 5. Details of all provisions made by the applicant for sanitation, security and other measures to protect the health and welfare of participants at the event; 6. Certification that the event will be covered by a policy of public liability insurance as described in Section 157(C) of this Liquor Code, that includes the Pueblo as a co-insured, or that the applicant will indemnify the Pueblo and hold it harmless from any claims, demands, liability or expense as a result of the act or omission of any person in connection with the special event, in which latter case the Tribal Administrator or Governor may require a bond to ensure compliance with such indemnification provision. 7. Any other information required by the Tribal Administrator relative to the event. B. The Tribal Administrator, or the Governor, shall act to approve or reject the application no later than three days following submission of the application with the required fee. If the application is approved, the Tribal Administrator or the Governor shall issue the license, which shall specify the hours during which and the premises within which sales, distribution and consumption of alcoholic beverages may occur. If any application is rejected, the rejection shall indicate the grounds therefor, and the applicant shall be entitled to file a new application correcting any deficiencies or problems found in the original application that warranted the rejection. C. Alcoholic beverages may be sold or distributed pursuant to a special event license only at the location and during the hours specified in such license, in connection with the special event, only to participants in such special event, and only for consumption on the premises described in the license. Such sales or distribution must comply with any conditions imposed by the license, and with all other applicable provisions of this Liquor Code. All such alcoholic beverages must have been obtained from a New Mexico licensed wholesaler or retailer. Section 160: Display of License Every person licensed by the Pueblo to sell alcoholic beverages within the Santa Ana Indian Reservation shall prominently display the license on the licensed premises during hours of operation. Subchapter Four: Offenses Section 181: Purchase From or Sale to Unauthorized Persons Within the Santa Ana Indian Reservation, no person shall purchase any alcoholic beverage at retail except from a person licensed by the Pueblo under the provisions of this title; no person except a person licensed by the Pueblo under the provisions of this title shall sell any alcoholic beverage at retail; nor shall any person sell any alcoholic beverage for resale to any person other than a person properly licensed by the Pueblo under the provisions of this title. Section 182: Sale to Minors A. No person shall sell or serve any alcoholic beverage to any person under the age of 21 years. B. It shall be a defense to an alleged violation of this Section that the purchaser presented to the seller or server an apparently valid identification document showing the purchaser's age to be 21 years or older, provided that the seller or server, as the case may be, had no actual or constructive knowledge of the falsity of the identification document, and relied in good faith on its apparent validity. Section 183: Purchase by Minor No person under the age of 21 years shall purchase, attempt to purchase or possess any alcoholic beverage. Section 184: Sale to an Intoxicated Person No person shall sell any alcoholic beverage to a person who the seller has reason to believe is intoxicated or who the seller has reason to believe intends to provide such alcoholic beverage to an intoxicated person. Section 185: Purchase by an Intoxicated Person No intoxicated person shall purchase any alcoholic beverage. Section 186: Drinking in Public Places No person shall consume any alcoholic beverage in any public place within the Santa Ana Indian Reservation except on premises licensed by the Pueblo for the sale of alcoholic beverages by the drink. Section 187: Bringing Liquor Onto Licensed Premises No person shall bring any alcoholic beverage for personal consumption onto any premises within the Santa Ana Indian Reservation where liquor is authorized to be sold by the drink, unless such beverage was purchased on such premises, or unless the possession or distribution of such beverages on such premises is otherwise licensed under the provisions of this Liquor Code. Section 188: Open Containers Prohibited No person shall have an open container of any alcoholic beverage in a public place, other than on premises licensed for the sale of alcoholic beverages by the drink, or in any automobile, whether moving or standing still. This Section shall not apply to empty containers such as aluminum cans or glass bottles collected for recycling. Section 189: Use of False or Altered Identification No person shall purchase or attempt to purchase any alcoholic beverage by the use of any false or altered identification document that falsely purports to show the individual to be 21 years of age or older. Section 190: Penalties A. Any person convicted of committing any violation of this Chapter shall be subject to punishment of up to one
(1)year imprisonment or a fine not to exceed Five Thousand Dollars ($5,000.00), or to both such imprisonment and fine. B. Any person not a member of the Pueblo, upon committing any violation of any provision of this Chapter, may be subject to a civil action for trespass, and upon having been determined by the court to have committed the alleged violation, shall be found to have trespassed upon the lands of the Pueblo, and shall be assessed such damages as the court deems appropriate in the circumstances. C. Any person suspected of having violated any provision of this Chapter shall, in addition to any other penalty imposed hereunder, be required to surrender any alcoholic beverages in such person's possession to the officer making the arrest or issuing the complaint. Section 191: Jurisdiction Any and all actions, whether civil or criminal, pertaining to alleged violations of this title, or seeking any relief against the Pueblo or any officer or employee of the Pueblo with respect to any matter addressed by this Liquor Code, shall be brought in the Tribal Court of the Pueblo, which court shall have exclusive jurisdiction thereof. [FR Doc. E6-5045 Filed 4-6-06; 8:45 am] BILLING CODE 4310-4J-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-956-06-1420-BJ] Notice of Filing of Plats of Survey; Arizona AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The plats of survey, supplemental and amended protraction diagram described below are scheduled to be officially filed in the Arizona State Office, Bureau of Land Management, Phoenix, Arizona,
(30)thirty calendar days from the date of this publication. SUPPLEMENTARY INFORMATION: The Gila and Salt River Meridian, Arizona The plat representing the dependent resurvey of the subdivision of the northwest quarter of section 5 and a portion of the 1973-75 meanders of the left bank of the Verde River in section 5 and the metes-and-bounds survey in the Northwest quarter of section 5, Township 13 North, Range 5 East, accepted September 9, 2005, and officially filed September 12, 2005, for Group 916 Arizona. This plat was prepared at the request of the United States Forest Service. The plat representing the dependent resurvey of a portion of the Seventh Standard Parallel North (south boundary) a portion of the subdivision lines, and the subdivision of section 22 and 34, Township 29 North, Range 8 East, accepted January 18, 2006, and officially filed January 26, 2006, for Group 944 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat (3 sheets) representing the dependent resurvey of the south boundary, Township 26 North, Range 18 East, a portion of the south boundary, Township 26 North, Range 17 East, a portion of the Sixth Standard Parallel North (south boundary), the east and west boundaries, the subdivisional lines and a portion of the boundary, management district number 6, Hopi Indian Reservation Township 25 North, Range 18 East, accepted February 16, 2006, and officially filed February 28, 2006 for Group 913 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the dependent resurvey of a portion of the subdivisional lines, and a metes-and-bounds survey in section 36, Township 1 North, Range 14 East, accepted September 9, 2005, and officially filed September 12, 2005 for Group 966 Arizona. This plat was prepared at the request of the Bureau of Land Management. The plat (3 sheets) representing the dependent resurvey of the east and west boundaries, the subdivisional lines and a portion of the boundary, Management District No. 6, Hopi Indian Reservation, Township 26 North, Range 18 East, accepted March 14, 2006, and officially filed March 24, 2006 for Group 922 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Western Regional Office. The plat representing the dependent resurvey of the south, east, west and north boundaries, and the subdivisional lines, the subdivision of certain sections and the metes-and-bounds survey in section 12, Township 23 North, Range 21 East, accepted January 9, 2006, and officially filed January 19, 2006 for Group 935 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the survey of the Sixth Guide Meridian East (east boundary) and the south and west boundaries and the subdivisional lines, Township 24 North, Range 24 East, accepted January 9, 2006 and officially filed January 19, 2006 for Group 925 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the dependent resurvey of the east boundary and the survey of the south boundary, the governing section line and the subdivisional lines, Township 26 North, Range 27 East, accepted March 14, 2006, and officially filed March 24, 2006, for Group 926 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the survey of the east boundary, and the subdivisional lines, Township 28 North, Range 27 East, accepted August 17, 2005, and officially filed August 26, 2005 for Group 902 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the dependent resurvey of the north boundary, Township 26 North, Range 28 East and the survey of the Seventh Guide Meridian East (east boundary), the north boundary, the latitudinal governing section line and subdivisional lines, Township 27 North, Range 28 East, accepted August 17, 2005, and officially filed August 26, 2005 for Group 902 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the survey of the south, east and north boundaries, and the subdivisional lines of Township 27 North, Range 27 East, accepted August 17, 2005, and officially filed August 26, 2005 for Group 902 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Navajo Regional Office. The plat representing the dependent resurvey of a portion of the subdivisional lines and the survey of a portion the First Guide Meridian West (west boundary), the east and north boundaries and a portion of the subdivisional lines Township 41 North, Range 4 West, accepted February 16, 2006, and officially filed February 28, 2006 for Group 911 Arizona. This plat was prepared at the request of the Bureau of Indian Affairs, Western Regional Office. The plat representing the dependent resurvey of a portion of the east boundary and a portion of the subdivisional lines and a metes-and-bounds survey in section 1 Township 20 North, Range 16 West, accepted January 10, 2006, and officially filed January 19, 2006 for Group 967 Arizona. This plat was prepared at the request of the Bureau of Land Management. The plat representing the dependent resurvey of a portion of the subdivision of section 1, a portion of a metes-and-bounds survey in section 1 and metes-and-bounds survey in section 1, Township 9 South, Range 22 West, accepted August 16, 2005 and officially filed August 23, 2005 for Group 951 Arizona. This plat was prepared at the request of the United States Fish and Wildlife Service. The plat representing the dependent resurvey of a portion of the south boundary and a portion of the subdivisional, Township 18 South, Range 9 East, accepted August 16, 2005, and officially filed August 23, 2005 for Group 952 Arizona. This plat was prepared at the request of the United States Fish and Wildlife Service. Supplemental Plats The plat representing the supplemental plat of section 25, Township 5 South, Range 26 East, accepted September 7, 2005, and officially filed September 12, 2005. This plat was prepared at the request of the Bureau of Land Management. The plat representing the supplemental plat of the northwest 1/4 of section 6, Township 6 South, Range 27 East, accepted September 7, 2005, and officially filed September 12, 2005. This plat was prepared at the request of the Bureau of Land Management. The plat representing the supplemental plat of sections 22, 23, 26 and 27 of Township 5 South, Range 26 East, accepted September 7, 2005, and officially filed September 12, 2005. This plat was prepared at the request of the Bureau of Land Management. The plat representing the supplemental plat of section 13, Township 21 North, Range 16 West, accepted August 23, 2005, and officially filed August 26, 2005. This plat was prepared at the request of the Bureau of Land Management. The plat representing the supplemental plat of section 1, Township 6 South, Range 26 East, accepted September 7, 2005, and officially filed September 12, 2005. This plat was prepared at the request of the Bureau of Land Management. Amended Protraction Diagrams These amended protraction diagrams were prepared at the request of the United States Forest Service to accommodate Revision of Base Quadrangle Maps for the Geometronics Service Center. The Amended Protraction Diagram of partially surveyed Township 9 North, Range 3 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 4 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 4 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 11 North, Range 4 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 6 North, Range 5 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 5 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 5 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 11 North Range 5 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 6 North, Range 6 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 6 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 9 North, Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 9 1/2 North, Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 10 North Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 11 North Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 12 North Range 6 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 5 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 6 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 9 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 10 North Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 11 North Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 11 1/2 North, Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 12 North Range 7 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 2 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of partially surveyed Township 3 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of partially surveyed Township 4 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 6 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 9 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 10 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 11 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 11 1/2 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 12 North, Range 8 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 9 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 10 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of unsurveyed Township 11 1/2 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 12 North, Range 9 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 6 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 11 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 11 1/2 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 12 North, Range 10 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 1 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted July 16, 2003. The Amended Protraction Diagram of partially surveyed Township 4 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of partially surveyed Township 5 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted October 09,2003. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 10 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 11 North, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 1 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 2 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted July 16, 2003. The Amended Protraction Diagram of partially surveyed Township 4 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 6 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 12 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 1 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted July 16, 2003. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 6 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 8 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 10 North, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 1 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of partially surveyed Township 2 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 3 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of partially surveyed Township 4 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted July 16, 2003. The Amended Protraction Diagram of unsurveyed Township 7 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of partially surveyed Township 8 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 10 1/2 North, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted February 10, 2006. The Amended Protraction Diagram of partially surveyed Township 2 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 5 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of unsurveyed Township 6 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted October 09, 2003. The Amended Protraction Diagram of partially surveyed Township 7 North, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 15 1/2 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 15 1/2 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 15 1/2 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 2 North, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 1/2 North, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 3 North, Range 17 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 17 East, Gila and Salt River Meridian, Arizona, was accepted July 23, 2003. The Amended Protraction Diagram of unsurveyed Township 4 1/2 North, Range 17 East, Gila and Salt River Meridian, Arizona, was accepted February 03, 2006. The Amended Protraction Diagram of unsurveyed Township 5 North, Range 17 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 29 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 4 North, Range 30 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 4 1/2 North, Range 29 East, Gila and Salt River Meridian, Arizona, was accepted February 17, 2006. The Amended Protraction Diagram of unsurveyed Township 1 South, Range 11 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 1 South, Range 13 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 2 South, Range 14 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of unsurveyed Township 1 South, Range 14 1/2 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 1 South, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted June 25, 2003. The Amended Protraction Diagram of partially surveyed Township 2 South, Range 15 East, Gila and Salt River Meridian, Arizona, was accepted June 18, 2003. The Amended Protraction Diagram of partially surveyed Township 1 South, Range 16 East, Gila and Salt River Meridian, Arizona, was accepted July 16, 2003. If a protest against a survey, supplemental and or amended protraction diagram as shown on any of the above plats is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed and become final or appeals from the dismissal affirmed. A person or party who wishes to protest against any of these surveys must file a written protest with the Arizona State Director, Bureau of Land Management, stating that they wish to protest. A statement of reasons for a protest may be filed with the notice of protest to the State Director, or the statement of reasons must be filed with the State Director within thirty
(30)days after the protest is filed. FOR FURTHER INFORMATION CONTACT: These plats will be available for inspection in the Arizona State Office, Bureau of Land Management, One North Central Avenue, Suite 800, Phoenix, Arizona, 85004-4427. Dated: March 27, 2006. Stephen K. Hansen, Cadastral Chief. [FR Doc. E6-5102 Filed 4-6-06; 8:45 am] BILLING CODE 4310-32-P INTERNATIONAL TRADE COMMISSION Investigation Nos. 701-TA-442-443 (Final) and 731-TA-1095-1097 (Final) Certain Lined Paper School Supplies From China, India, and Indonesia AGENCY: United States International Trade Commission. ACTION: Scheduling of the final phase of countervailing duty and antidumping investigations. SUMMARY: The Commission hereby gives notice of the scheduling of the final phase of countervailing duty investigation Nos. 701-TA-442-443 (Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. § 1671d(b)) (the Act) and the final phase of antidumping investigation Nos. 731-TA-1095-1097 (Final) under section 735(b) of the Act (19 U.S.C. § 1673d(b)) to determine whether an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports from India and Indonesia of certain lined paper school supplies, and by reason of any less-than-fair-value (“LTFV”) imports from China, India, and Indonesia of certain lined paper school supplies, as provided for in statistical reporting numbers 4820.10.2050, 4810.22.5044, and 4811.90.9090 of the Harmonized Tariff Schedule of the United States. 1 1 The scope of the subject merchandise for purposes of these investigations is defined by the Department of Commerce in the notice of its preliminary LTFV determination for Indonesia. 71 FR 15162, March 27, 2006 (“Scope of Investigation”). For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). EFFECTIVE DATE: March 27, 2006. FOR FURTHER INFORMATION CONTACT: Jai Motwane (202-205-3176), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* —The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. § 1671b) are being provided to manufacturers, producers, or exporters of certain lined paper school supplies in India and Indonesia, and that such products from Indonesia are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. § 1673b). 2 The investigations were requested in a petition filed on September 9, 2005, by MeadWestvaco Corp., Dayton, OH; Norcom, Inc., Norcross, GA; and Top Flight, Inc., Chattanooga, TN (collectively, the Association of American School Paper Suppliers). 2 The Department of Commerce has aligned its final countervailing duty determinations for India and Indonesia with its final antidumping determinations for these two countries, respectively (see 71 FR 11379, March 7, 2006). The Department is scheduled to make its preliminary antidumping determinations for China and India on April 7, 2006 (see 71 FR 13090, March 14, 2006). The Commission will conduct its final phase countervailing duty and antidumping investigations for China, India, and Indonesia concurrently. *Participation in the investigations and public service list.* —Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and BPI service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. § 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Staff report.* —The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on May 30, 2006, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules. *Hearing.* —The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on June 13, 2006, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before June 7, 2006. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations may be required to attend a prehearing conference to be held at 9:30 a.m. on June 9, 2006, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony *in camera* no later than 7 business days prior to the date of the hearing. *Written submissions.* —Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is June 6, 2006. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is June 20, 2006; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before June 20, 2006. On July 7, 2006, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before July 11, 2006, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 Fed. Reg. 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 Fed. Reg. 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: April 3, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-5101 Filed 4-06-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-539-C (Second Review)] Uranium From Russia AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject five-year review investigation. DATES: *Effective Date:* April 3, 2006. FOR FURTHER INFORMATION CONTACT: Cynthia Trainor (202-205-3354), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this five-year review investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: On January 11, 2006, the Commission established a schedule for the conduct of the subject five-year review investigation (71 FR 3326, January 20, 2006). The Commission hereby gives notice that it is revising its schedule for the subject review investigation. The Commission's schedule for the five-year review investigation is revised as follows: The hearing will be held at the U.S. International Trade Commission Building at 9:30 a.m. on May 25, 2006; and the deadline for filing posthearing briefs is June 5, 2006. All other dates cited in the Commission's original scheduling notice cited above remain unchanged. For further information concerning this five-year review investigation see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: This five-year review investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: April 3, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-5100 Filed 4-6-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Job Corps: Preliminary Finding of No Significant Impact (FONSI) for the Proposed Job Corps Center To Be Located at the Dome Industrial Park on 5th Avenue and 22nd Street in St. Petersburg, FL AGENCY: Office of the Secretary (OSEC), Department of Labor. ACTION: Preliminary Finding of No Significant Impact (FONSI) for the proposed Job Corps Center to be located at the Dome Industrial Park on 5th Avenue and 22nd Street in St. Petersburg, Florida. SUMMARY: Pursuant to the Council on Environmental Quality Regulations (40 CFR part 1500-08) implementing procedural provisions of the National Environmental Policy Act (NEPA), the Department of Labor, Office of the Secretary (OSEC), in accordance with 29 CFR 11.11(d), gives notice that an Environmental Assessment
(EA)has been prepared for a proposed new Job Corps Center to be located in St. Petersburg, Florida, and that the proposed plan for a new Job Corps Center will have no significant environmental impact. This Preliminary Finding of No Significant Impact (FONSI) will be made available for public review and comment for a period of 30 days. DATES: Comments must be submitted by May 8, 2006. ADDRESSES: Any comment(s) are to be submitted to Michael F. O'Malley, Office of the Secretary (OSEC), Department of Labor, 200 Constitution Avenue, NW, Room N-4460, Washington, DC 20210,
(202)693-3108 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Copies of the EA are available to interested parties by contacting Michael F. O'Malley, Architect, Unit Chief of Facilities, U.S. Department of Labor, Office of the Secretary (OSEC), 200 Constitution Avenue, NW, Room N-4460, Washington, DC 20210,
(202)693-3108 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: This Environmental Assessment
(EA)summary addresses the proposed construction of a new Job Corps Center in St. Petersburg, Florida. The subject property for the proposed Job Corps Center is an approximately 16-acre vacant parcel of land owned by the City of St. Petersburg, Florida. The new center will require construction of approximately seven
(7)to ten
(10)new buildings, a retention pond, and a recreation field. The proposed Job Corps center will provide housing, training, and support services for 272 resident students and approximately 28 non-residential students for a total of 300 students. The current facility utilization plan includes new dormitories, a cafeteria building, administration offices, a Physical Fitness facility, vocational and educational classroom facilities, and a maintenance and storage facility. The construction of the Job Corps Center on this proposed site would be a positive asset to the area in terms of environmental and socioeconomic improvements, and long-term productivity. The proposed Job Corps Center will be a new source of employment opportunity for people in the west-central Florida area. The Job Corps program provides basic education, vocational skills training, work experience, counseling, health care and related support services. The program is designed to graduate students who are ready to participate in the local economy. The proposed project will not have any significant adverse impact on any natural systems or resources. No state or federal threatened or endangered species (proposed or listed) have been identified on the subject property. Although the project is located in the Dome Industrial Park which contained the historical and significantly cultural landmark, the Manhattan Casino building, this landmark has experienced a major exterior renovation. Thus, the design and construction of a Job Corps center will not adversely affect any existing historic structures or neighborhoods, either adjacent or actually in the historically designated section of the Midtown neighborhood. More importantly, the design and construction of the center will take into account the historic fabric of this neighborhood in terms of construction materials, the physical setting of buildings and the proper use of color so that the center will blend into the existing neighborhood. Air quality and noise levels should not be affected by the proposed development project. Due to the nature of the proposed project, it would not be a significant source of air pollutants or additional noise, except possibly during construction of the facility. All construction activities will be conducted in accordance with applicable noise and air pollution regulations, and all pollution sources will be permitted in accordance with applicable pollution control regulations. The proposed Job Corps Center is not expected to significantly increase the vehicle traffic in the vicinity, since many of the Job Corps Center residents will either live at the Job Corps Center or use public transportation. While some Job Corps Center students and staff may use personal vehicles, their number would not result in a significant increase in vehicular traffic in the area. Access is planned from 5th Avenue and 22nd Street. Road improvements and/or installation of signals to facilitate site ingress/egress do not appear necessary. The proposed project will not have any significant adverse impact on the surrounding water, sewer, and storm water management infrastructure. The new building to be constructed for the proposed Job Corps center will be tied into the existing City of St. Petersburg water distribution system. The new buildings to be constructed for the proposed center will also be tied into the City's existing wastewater utility system. TECO would provide the electricity for the site. This is not expected to create any significant impact to the regional utility infrastructure. No significant adverse affects to local medical, emergency, fire, and police services are anticipated. The primary medical provider located closest to the proposed Job Corps parcel is Bayfront Medical Center, approximately 1 mile from the proposed Job Corps Center. Never the less, the Job Corps center will have a small medical and dental facility as part of the campus for use by the residents, as necessary for providing a ward for sick students with the flu or small non-emergency incapacities. Security services at the Job Corps will be provided by the center's security staff. Law enforcement services are provided by the St. Petersburg Police Department, located approximately 1 mile from the proposed project site. The local fire station is the St. Petersburg Fire & Rescue. The fire department has two stations which operate 24 hours a day near the proposed site. One of the stations is less than 5 minutes away and will provide all of the necessary fire protection for the center in the near future. The proposed project will not have a significant adverse sociological affect on the surrounding community. Similarly, the proposed project will not have a significant adverse affect on demographic and socioeconomic characteristics of the area. The alternatives considered in the preparation of this FONSI were as follows:
(1)No Action; and
(2)Continue Project as Proposed. The No Action alternative was not selected. The U.S. Department of Labor's goal of improving the Job Corps Program by improving the learning environment at Job Corps Centers would not be met under this alternative. Due to the suitability of the proposed site for establishment of a new Job Corps Center, and the absence of any identified significant adverse environmental impacts from locating a Job Corps Center on the subject property, the “Continue Project as Proposed” alternative was selected. Based on the information gathered during the preparation of the EA, no environmental liabilities, current or historical, were found to exist on the proposed Job Corps Center site. The construction of the Job Corps Center at the Dome Industrial Park on 5th Avenue and 22nd Street in St. Petersburg, Florida will not create any significant adverse impacts on the environment. Dated: April 3, 2006. Esther R. Johnson, National Director of Job Corps. [FR Doc. E6-5107 Filed 4-6-06; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employee Benefits Security Administration [Application Number D-11046] Amendment to Prohibited Transaction Exemption 80-26 (PTE 80-26) for Certain Interest Free Loans to Employee Benefit Plans AGENCY: Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Adoption of Amendment to PTE 80-26. SUMMARY: This document amends PTE 80-26, a class exemption that permits parties in interest with respect to employee benefit plans to make certain interest free loans to such plans, provided that the conditions of the exemption are met. The amendment affects all employee benefit plans, the participants and beneficiaries of such plans, and parties in interest with respect to those plans engaging in the described transactions. DATES: *Effective Date:* The amendment to PTE 80-26 is effective December 15, 2004. FOR FURTHER INFORMATION CONTACT: Christopher Motta, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor,
(202)693-8540 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: On December 15, 2004, notice was published in the **Federal Register** (69 FR 75088) of the pendency before the Department of a proposed amendment to PTE 80-26 (45 FR 28545 (April 29, 1980), as amended at 65 FR 17540 (April 3, 2000) and 67 FR 9485 (March 1, 2002)). 1 PTE 80-26 provides an exemption from the restrictions of section 406(a)(1)(B) and
(D)and section 406(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and from the taxes imposed by section 4975(a) and
(b)of the Internal Revenue Code of 1986 (the Code), by reason of section 4975(c)(1)(B) and
(D)of the Code. 1 A minor correction was made to the title of the final exemption in a notice published in the **Federal Register** on May 23, 1980. (45 FR 35040). The amendment to PTE 80-26 adopted by this notice was proposed by the Department on its own motion pursuant to section 408(a) of ERISA and section 4975(c)(2) of the Code, and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). 2 2 Section 102 of the Reorganization Plan No. 4 of 1978 (5 U.S.C. App. at 214 (2000 ed.) generally transferred the authority of the Secretary of the Treasury to issue administrative exemptions under section 4975 of the Code to the Secretary of Labor. The notice of pendency gave interested persons an opportunity to comment or to request a hearing on the proposed amendment. The Department received two comment letters, and no requests for a public hearing. Upon consideration of the comments received, the Department has determined to grant the proposed amendment, with one minor modification. The modification and the comments are discussed below. For the sake of convenience, the entire text of PTE 80-26, as amended, has been reprinted in this notice. Executive Order 12866 Statement Under Executive Order 12866, the Department must determine whether the regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f), the order defines a “significant regulatory action” as an action that is likely to result in a rule
(1)Having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as “economically significant”);
(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;
(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(4)raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. This amendment has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. The Department has determined that this amendment is not a “significant regulatory action” under Executive Order 12866, section 3(f). Accordingly, it does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. Paperwork Reduction Act As part of its continuing effort to reduce paperwork and respondent burden, the Department of Labor conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995
(PRA)(44 U.S.C. 3506(c)(2)(A)). This helps to ensure that the public can provide the requested data in the desired format and clearly understand the Department's collection instruction; and that the Department properly assesses the impact of its collection requirements on respondents and minimizes the reporting burden (time and financial resources) imposed on the public. Currently, EBSA is soliciting comments concerning the information collection request
(ICR)included in this Notice of Adoption of Amendment to PTE 80-26 (for certain interest-free loans to employee benefit plans). A copy of the ICR may be obtained by contacting Susan G. Lahne, Office of Policy and Research, U.S. Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Room N-5618, Washington, DC are not toll-free numbers. Comments should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503; Attention: Desk Officer for the Employee Benefits Security Administration. Although comments may be submitted through June 6, 2006 OMB requests that comments be received within 30 days of publication of the Notice of Amendment to PTE 80-26 to ensure their consideration. The Department and OMB are particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriated automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , by permitting electronic submission of responses. As proposed on December 15, 2004, the amendment to PTE 80-26 did not contain any information collection as defined under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA). Therefore, the Department did not submit an information collection request
(ICR)to the Office of Management and Budget
(OMB)in connection with the proposal. In response to public comments on the proposal, the final amendment to PTE 80-26 adopted by this notice adds a condition to availability of the exemption that requires any loan with a duration of more than sixty days to be made pursuant to a written loan agreement that contains all of the material terms applicable to such loan. The Department believes that it is a usual and customary business practice, generally within the business community and especially with respect to employee benefit plans, to evidence the creation of a loan agreement that involves an employee benefit plan as a party through a written document that sets forth the terms of the loan. Therefore the Department believes that the addition of this condition to the exemption does not impose any appreciable additional paperwork burden under the PRA. However, the Department has submitted an ICR for OMB control number 1210-0091 to OMB in connection with the adoption of the amendment to the PTE because the condition newly added to the exemption constitutes an information collection within the meaning of the PRA. Discussion of the Proposed Exemption and the Comments Received On December 15, 2004, the Department proposed to remove the three-day duration limit that applied to loans engaged in under PTE 80-26 for a purpose incidental to the ordinary operation of a plan. The Department recognizes that broadening the scope of the exemption in this manner would greatly benefit plans facing liquidity problems. The Department believes that plans will be adequately protected regarding such loans, i.e., loans for a purpose incidental to the ordinary operation of a plan where such loans have durations that exceed three days, to the extent the conditions of the class exemption, as amended herein, have been met. Accordingly, the Department has determined that the effective date of the amendment will be December 15, 2004; the date the proposed amendment was published in the **Federal Register** . One of the commenters recommended that the class exemption expressly require that loans with durations that exceed a certain number of days be in writing. This commenter expressed concern that the removal of the three-day limit without additional conditions will raise the potential for abuse of a plan's assets. For example, the commenter describes a scenario in which a plan sponsor pays certain expenses on behalf of a plan without intending to be repaid. Years later, the plan sponsor seeks to re-characterize such payment as a “loan” covered by PTE 80-26, and, thereafter, causes the plan to “repay” the plan sponsor in reliance on the relief provided by the class exemption. The commenter states that the situation described above may arise where a plan sponsor experiences a change in personnel, including the plan's fiduciaries, and the “new” plan fiduciaries are unsure whether the payment by the plan sponsor was originally intended to be a loan covered by PTE 80-26. According to the commenter, it is also possible that a plan sponsor may seek to re-characterize a payment the sponsor previously made on behalf of a plan, notwithstanding the sponsor's full awareness that such payment was not intended to be repaid by the plan. The commenter states that, in the above situations, the Department may have difficulty demonstrating that the payments by the plan sponsor are not loans covered by PTE 80-26. The commenter recommends that the class exemption contain a condition expressly requiring that all loans of extended durations be made in writing, and that such written loan agreements exist at the time the plan enters into the loans. As noted in the preamble to the proposed class exemption, section 404 of ERISA requires, among other things, that a fiduciary act prudently and discharge his or her duties respecting the plan solely in the interest of the participants and beneficiaries of the plan. Accordingly, a plan fiduciary would violate section 404 of ERISA if such fiduciary transferred plan assets to the plan sponsor in the absence of specific written proof or other objective evidence demonstrating that the plan originally intended to enter into a loan transaction with the plan sponsor. In this regard, a written loan agreement executed at the time of the loan transaction and demonstrable evidence that the plan was experiencing liquidity problems, would alleviate the uncertainty regarding whether the parties actually entered into a loan or other extension of credit. Of course, any attempt to re-characterize past payments as loans after the fact would be outside the scope of relief provided by the exemption. With regards to the commenter's suggestion that the Department may have difficulty demonstrating that certain payments by a plan sponsor are not “loans” covered by PTE 80-26, the Department notes that the party seeking to take advantage of an administrative exemption, and not the Department, has the burden of demonstrating that the conditions of the exemption have been met. However, in light of the commenter's concern, the Department has determined to require that loans with durations that exceed sixty days be made pursuant to a written loan agreement that contains all of the material terms that are applicable to such loan. This requirement will apply prospectively to loans with durations of 60 days or longer where such loans involve the payment of a plan's ordinary operating expenses. Loans with durations of 60 days or longer that are engaged in for a purpose incidental to the ordinary operation of the plan will be subject to the requirement effective December 15, 2004. Another commenter sought clarification regarding section IV(e) of the proposed amendment. 3 This condition provides that loans described in section 408(b)(3) of ERISA or section 4975(d)(3) of the Code are not covered by the class exemption. 4 The commenter states that, since section IV(e) only references sections 408(b)(3) of ERISA and 4975(d)(3) of the Code which generally refer to exemptive relief for loans involving ESOPs, but not the regulations promulgated under those exemptions which more narrowly define the types of ESOP loans that are eligible for exemptive relief under those exemptions, section IV(e) may be interpreted as precluding relief for any loan from a party in interest to an ESOP. 5 3 Section IV(e) of the proposed amendment was incorrectly identified therein as section IV(3). This error has been corrected in this adopted amendment. 4 Section 408(b)(3) of ERISA provides a statutory exemption from the prohibitions set forth in section 406 of ERISA for “a loan to an employee stock ownership plan.” Section 4975(d)(3) provides a statutory exemption from the prohibitions set forth in section 4975 of the Code for “any loan to a leveraged employee stock ownership plan” if certain conditions are met. 5 See 29 CFR 2550.408b-3 and 26 CFR 54.4975-7(b). Among other things, the regulations limit relief under the statutory exemptions to loans that relate to the acquisition of qualifying employer securities by an ESOP. In response to the comment, the Department has revised section IV(e) of the proposed amendment to more accurately reflect the Department's intent. In this regard, the Department intended that section IV(e) of PTE 80-26 would preclude relief for loans involving ESOPs to the extent that such loans relate to the acquisition by the ESOP of employer securities. The Department is therefore revising section IV(e) of PTE 80-26 to provide that loans described in section 408(b)(3) of ERISA and the regulations promulgated thereunder, or section 4975(d)(3) of the Code and the regulations promulgated thereunder, are not covered by the class exemption. General Information The attention of interested persons is directed to the following:
(1)The fact that a transaction is the subject of an exemption under section 408(a) of ERISA and section 4975(c)(2) of the Code does not relieve a fiduciary, or other party in interest or disqualified person with respect to a plan, from certain other provisions of ERISA and the Code, including any prohibited transaction provisions to which the exemption does not apply and the general fiduciary responsibility provisions of section 404 of ERISA which require, among other things, that a fiduciary act prudently and discharge his or her duties respecting the plan solely in the interests of the participants and beneficiaries of the plan. Additionally, the fact that a transaction is the subject of an exemption does not affect the requirement of section 401(a) of the Code that the plan must operate for the exclusive benefit of the employees of the employer maintaining the plan and their beneficiaries;
(2)This exemption does not extend to transactions prohibited under section 406(b)(1) and
(3)of the Act or section 4975(c)(1)(E) or
(F)of the Code;
(3)In accordance with section 408(a) of ERISA and section 4975(c)(2) of the Code, the Department makes the following determinations:
(i)The amendment set forth herein is administratively feasible,
(ii)The amendment set forth herein is in the interests of the plan and its participants and beneficiaries,
(iii)The amendment set forth herein is protective of the rights of participants and beneficiaries of the plan;
(4)The amendment is applicable to a particular transaction only if the transaction satisfies the conditions specified in the exemption; and
(5)The amendment will be supplemental to, and not in derogation of, any other provisions of ERISA and the Code, including statutory or administrative exemptions and transitional rules. Furthermore, the fact that a transaction is subject to an administrative or statutory exemption is not dispositive of whether the transaction is in fact a prohibited transaction. Amendment Under section 408(a) of the Act and section 4975(c)(2) of the Code and in accordance with the procedures set forth in 29 CFR 2570, Subpart B (55 FR 32836, 32847, August 10, 1990), the Department amends PTE 80-26 as set forth below: Section I. Retroactive General Exemption Effective January 1, 1975 until December 14, 2004 the restrictions of section 406(a)(1)(B) and
(D)and section 406(b)(2) of the Act, and the taxes imposed by section 4975(a) and
(b)of the Code, by reason of section 4975(c)(1)(B) and
(D)of the Code, shall not apply to the lending of money or other extension of credit from a party in interest or disqualified person to an employee benefit plan, nor to the repayment of such loan or other extension of credit in accordance with its terms or written modifications thereof, if:
(a)No interest or other fee is charged to the plan, and no discount for payment in cash is relinquished by the plan, in connection with the loan or extension of credit;
(b)The proceeds of the loan or extension of credit are used only—
(1)For the payment of ordinary operating expenses of the plan, including the payment of benefits in accordance with the terms of the plan and periodic premiums under an insurance or annuity contract, or
(2)For a period of no more than three business days, for a purpose incidental to the ordinary operation of the plan;
(c)The loan or extension of credit is unsecured; and
(d)The loan or extension of credit is not directly or indirectly made by an employee benefit plan. Section II: Temporary Exemption Effective November 1, 1999 through December 31, 2000, the restrictions of section 406(a)(1)(B) and
(D)and section 406(b)(2) of the Act, and the taxes imposed by section 4975(a) and
(b)of the Code, by reason of section 4975(c)(1)(B) and
(D)of the Code, shall not apply to the lending of money or other extension of credit from a party in interest or disqualified person to an employee benefit plan, nor to the repayment of such loan or other extension of credit in accordance with its terms or written modifications thereof, if:
(a)No interest or other fee is charged to the plan, and no discount for payment in cash is relinquished by the plan, in connection with the loan or extension of credit;
(b)The proceeds of the loan or extension of credit are used only for a purpose incidental to the ordinary operation of the plan which arises in connection with the plan's inability to liquidate, or otherwise access its assets or access data as a result of a Y2K problem.
(c)The loan or extension of credit is unsecured;
(d)The loan or extension of credit is not directly or indirectly made by an employee benefit plan; and
(e)The loan or extension of credit begins on or after November 1, 1999 and is repaid or terminated no later than December 31, 2000. Section III. September 11, 2001 Market Disruption Exemption Effective September 11, 2001 through January 9, 2002, the restrictions of section 406(a)(1)(B) and
(D)and section 406(b)(2) of the Act, and the taxes imposed by section 4975(a) and
(b)of the Code, by reason of section 4975(c)(1)(B) and
(D)of the Code, shall not apply to the lending of money or other extension of credit from a party in interest or disqualified person to an employee benefit plan, nor to the repayment of such loan or other extension of credit in accordance with its terms or written modifications thereof, if:
(a)No interest or other fee is charged to the plan, and no discount for payment in cash is relinquished by the plan, in connection with the loan or extension of credit;
(b)The proceeds of the loan or extension of credit are used only for a purpose incidental to the ordinary operation of the plan which arises in connection with difficulties encountered by the plan in liquidating, or otherwise accessing its assets, or accessing its data in a timely manner as a direct or indirect result of the September 11, 2001 disruption;
(c)The loan or extension of credit is unsecured;
(d)The loan or extension of credit is not directly or indirectly made by an employee benefit plan; and
(e)The loan or extension of credit begins on or after September 11, 2001, and is repaid or terminated no later than January 9, 2002. Section IV. Prospective General Exemption Effective as of December 15, 2004, the restrictions of section 406(a)(1)(B) and
(D)and section 406(b)(2) of the Act, and the taxes imposed by section 4975(a) and
(b)of the Code, by reason of section 4975(c)(1)(B) and
(D)of the Code, shall not apply to the lending of money or other extension of credit from a party in interest or disqualified person to an employee benefit plan, nor to the repayment of such loan or other extension of credit in accordance with its terms or written modifications thereof, if:
(a)No interest or other fee is charged to the plan, and no discou nt for payment in cash is relinquished by the plan, in connection with the loan or extension of credit;
(b)The proceeds of the loan or extension of credit are used only—
(1)for the payment of ordinary operating expenses of the plan, including the payment of benefits in accordance with the terms of the plan and periodic premiums under an insurance or annuity contract, or
(2)for a purpose incidental to the ordinary operation of the plan;
(c)The loan or extension of credit is unsecured;
(d)The loan or extension of credit is not directly or indirectly made by an employee benefit plan;
(e)The loan is not described in section 408(b)(3) of ERISA and the regulations promulgated thereunder (29 CFR 2550.408b-3) or section 4975(d)(3) of the Code and the regulations promulgated thereunder (26 CFR 54.4975-7(b)); and (f)(1) Any loan described in section IV(b)(1) that is entered into on or after April 7, 2006 and that has a term of 60 days or longer must be made pursuant to a written loan agreement that contains all of the material terms of such loan.
(2)Any loan described in (b)(2) of this paragraph that is entered into for a term of 60 days or longer must be made pursuant to a written loan agreement that contains all of the material terms of such loan. Section V: Definitions
(a)For purposes of section II, a “Y2K problem” is a disruption of computer operations resulting from a computer system's inability to process data because such system recognizes years only by the last two digits, causing a “00” entry to be read as the year “1900” rather than the year “2000.”
(b)For purposes of section III, the “September 11, 2001 disruption” is the disruption to the United States financial and securities markets and/or the operation of persons providing administrative services to employee benefit plans, resulting from the acts of terrorism that occurred on September 11, 2001.
(c)For purposes of this exemption, the terms “employee benefit plan” and “plan” refer to an employee benefit plan described in ERISA section 3(3) and/or a plan described in section 4975(e)(1) of the Code. Signed at Washington, DC, this 3rd day of April, 2006. Ivan L. Strasfeld, Director, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E6-5075 Filed 4-6-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Dyna Harvest, LLC, Morgantown, Kentucky. *Principal Product:* Dyna Harvest, LLC is a real estate holding company co-owned by Dynastrosi Laboratories, LLC and Harvest Wind Energy Corporation (HWEC), who plan to jointly establish a vertically integrated wind turbine generator systems manufacturing facility in Morgantown, KY. Dyna Harvest will own the fixed assets (facilities) that will be acquired, financed, and leased to Dynastrosi Laboratories and HWEC. The NAICS industry codes for this enterprise are 531120 (Lessors of Nonresidential Buildings (except Mini warehouses), and 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing). DATES: All interested parties may submit comments in writing no later than April 21, 2006. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4514, Washington, DC 20210; or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR part 75, authorizes the United States Department of Agriculture
(USDA)to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:
(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or
(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration
(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC this 29th day of March, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training. [FR Doc. E6-5001 Filed 4-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Proposed Collection of the ETA 538, Advance Weekly Initial and Continued Claims Report and the ETA 539, Weekly Claims and Extended Benefits Trigger Data; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration, Office of Workforce Security is soliciting comments concerning the proposed extension of the collection of the ETA 538, Advance Weekly Initial and Continued Claims Report, and the ETA 539, Weekly Claims and Extended Benefits Trigger. A copy of the proposed information collection request
(ICR)can be obtained by contacting the office listed below in the addressee section of this notice or by accessing this Web site: *http://www.doleta.gov/Performance/guidance/OMBControlNumber.cfm.* DATES: Written comments must be submitted to the office listed in the addressee's section below on or before June 6, 2006. ADDRESSEE: Subri Raman, U.S. Department of Labor, Employment and Training Administration, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210, Phone: 202-693-3058, Fax: 202-693-3229, e-mail: *raman.subri@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background The ETA 538 and ETA 539 reports are weekly reports which contain information on initial claims and continued weeks claimed. These figures are important economic indicators. The ETA 538 provides information that allows national unemployment claims information to be released to the public five days after the close of the reference period. The ETA 539 contains more refined weekly claims detail and the state's 13-week insured unemployment rate which is used to determine eligibility for the Extended Benefits program. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. III. Current Actions The ETA 538 and ETA 539 continue to be needed as they provide both timely economic indicators as well as the information needed to track the data that trigger states “on” and “off” the Extended Benefits program. *Type of Review:* Extension without change. *Title:* ETA 538, Advance Weekly Initial and Continued Claims Report, and the ETA 539, Weekly Claims and Extended Benefits Trigger Data. *OMB Number:* 1205-0028. *Agency Number:* ETA 538 and ETA 539. *Recordkeeping:* Respondent is expected to maintain data which support the reported data for three years. *Affected Public:* State governments. *Estimated Total Burden Hours:* ETA 538 53 States × 52 reports × 30 min. = 1378 hours ETA 539 53 States × 52 reports × 50 min. = 2297 hours Total Burden 3675 hours *Total Burden Cost (operating/maintaining):* $0. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: March 29, 2006. Cheryl Atkinson, Administrator, Office of Workforce Security. [FR Doc. E6-5000 Filed 4-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Dynastrosi Laboratories, LLC, Morgantown, Kentucky. *Principal Product:* The loan, guarantee, or grant applicant is the exclusive supplier of composite structures to Harvest Wind Energy Corporation (HWEC). HWEC is a developer and manufacturer of next generation wind turbine electrical generator systems. Together, Dynastrosi and HWEC will jointly manufacture wind turbine electrical generator systems that will be marketed to industrial, commercial, and residential buyers. Dynastrosi is a provider of engineering services and a manufacturer of structures fabricated from advanced composite materials such as carbon, aramid, and E-glass fiber reinforced polymers. The principal product to be manufactured by Dynastrosi at the Morgantown facility is wind turbine blades, nacelles, and other structures used in the assembly of wind turbine generator systems. Dynastrosi also plans to design, engineer, and develop prototypes for other original equipment manufacturing customers as well at the site. The NAICS industry codes for this enterprise are 54133 (Engineering Services) and 327112 (Fine Earthenware and other Pottery Products). DATES: All interested parties may submit comments in writing no later than April 21, 2006. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4514, Washington, DC 20210; or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR Part 75, authorizes the United States Department of Agriculture
(USDA)to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:
(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or
(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration
(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC, this 31st day of March, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training Administration. [FR Doc. E6-5002 Filed 4-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Harvest Wind Energy Corporation,
(HWEC)Aberdeen, Washington. *Principal Product:* The loan, guarantee, or grant applicant plans to produce and advance the development of its patented, next-generation wind turbines for use in multiple applications involving wind farms and on-site environments. Utilizing existing component technology, combined in a proprietary systemized approach, HWEC will manufacture and sell a product offering that is targeted for multiple field applications requiring self-power generation or power generation offset through grid tie net metering. The NAICS industry code for this enterprise is 333611 (Turbine and Turbine Generator Set Units Manufacturing). DATES: All interested parties may submit comments in writing no later than April 21, 2006. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4514, Washington, DC 20210; or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR Part 75, authorizes the United States Department of Agriculture
(USDA)to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:
(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or
(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration
(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC, this 31st day of March, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training. [FR Doc. E6-5003 Filed 4-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [SGA/DFA-PY 05-06] Solicitation for Grant Applications (SGA); Older Americans Act—Senior Community Service Employment Program National Grants for Program Year 2006 AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice of extension of closing date. SUMMARY: The Employment and Training Administration is extending the closing date of the availability to fund the national grants portion of the Senior Community Service Employment Program. FOR FURTHER INFORMATION CONTACT: James Stockton, Grant Officer, Division of Federal Assistance, at
(202)693-3335. *Date Extension:* In the **Federal Register** of March 2, 2006, in FR Doc. 06-1959, April 17, column changes the DATES caption to read: “ DATES: The closing date for receipt of the application is Friday, May 26, 2006 at 4:45 p.m. (eastern time) at the address listed.” Signed at Washington, DC, this 4th day of April, 2006. James W. Stockton, Grant Officer. [FR Doc. 06-3384 Filed 4-6-06; 8:45 am]
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U.S. Code
- Federal Government and agency performance plans§ 1115
- Congressional findings and declaration of purposes and policy§ 1531
- Application of Indian liquor laws§ 1161
- Final determinations§ 1671d
- Final determinations§ 1673d
- Preliminary determinations§ 1671b
- Preliminary determinations§ 1673b
- Definitions; special rules§ 1677
- Federal agency responsibilities§ 3506
CFR
register
17 references not yet in our index
- 50 CFR 17.12
- 50 CFR 424.21
- 50 CFR 17.11
- 50 CFR 17.22(c)
- 40 CFR 1506.6
- Pub. L. 83-277
- 67 Stat. 586
- 463 U.S. 713
- 19 CFR 201
- 19 CFR 207
- 67 FR 68036
- 67 FR 68168
- 40 CFR 1500
- 29 CFR 2570
- 44 USC 3501-3520
- 29 CFR 2550.408
- 29 CFR 75
Citation graph
cites case law
Notices
Solicitation of comments for Updating the Strategic Plan
SCOTUS463 U.S. 713
Cite50 CFR 17.12
Cite50 CFR 424.21
Cites 29 · showing 12Cited by 0 across 0 sources