Notices. Notification of a request for EFPs to conduct experimental fishing; request for comments

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BILLING CODE 3510-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041906D] Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits

(EFPs)AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of a request for EFPs to conduct experimental fishing; request for comments. SUMMARY: This request for the continuation of an EFP involves the non-destructive collection of size frequency and population data on legal and sublegal lobsters as part of an ongoing research project to monitor the offshore lobster fishery in Lobster Management Area 3. DATES: Comments on this lobster EFP notification for offshore lobster monitoring and data collection must be received on or before May 11, 2006. ADDRESSES: Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope “Comments - Lobster EFP Proposal”. Comments also may be sent via facsimile

(fax)to 978-281-9117. Comments on the Lobster EFP Proposal may be submitted by e-mail. The mailbox address for providing e-mail comments is *Lobster0206@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier: “Comments - Lobster EFP Proposal”. FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management Specialist,

(978)281-9234, fax (978)-281-9117. SUPPLEMENTARY INFORMATION: Background The regulations that govern exempted fishing, at 50 CFR 600.745(b) and 697.22 allow the Regional Administrator to authorize for limited testing, public display, data collection, exploration, health and safety, environmental clean-up, and/or hazardous removal purposes, and the targeting or incidental harvest of managed species that would otherwise be prohibited. An EFP to authorize such activity may be issued, provided there is adequate opportunity for the public to comment on the EFP application, the conservation goals and objectives of Federal management of the American lobster resource are not compromised, and issuance of the EFP is beneficial to the management of the species. Continuation of this EFP, until April 30, 2007, would not involve the authorization of any additional trap gear in the area. A maximum of seven participating commercial fishing vessels will continue the non-destructive collection of detailed abundance and size frequency data on the composition of lobsters in four general offshore study areas in a collaborative effort with the Atlantic Offshore Lobstermen's Association (AOLA). Continuation of this EFP would authorize each participating commercial fishing vessel to continue to utilize one modified juvenile lobster collector trap to collect population data. The lobster trap modifications are to the escape vents, and trap entrance head. Therefore, this modified trap would impact its environment no differently than the regular lobster trap it replaces and will add no additional traps to the area. After data is collected on lobsters in the trap, all sub-legal lobsters will be immediately returned to the sea. The EFP waives the American lobster escape vent requirement specified at 50 CFR 697.21(c) for a maximum of one trap per vessel for a maximum of seven vessels in the program. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that continuation of the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. NMFS announces that the Office Director proposes to renew EFPs that would allow a maximum of seven vessels to conduct fishing operations involving the use of one juvenile lobster collector trap per vessel that are otherwise restricted by the regulations governing the American lobster fisheries of the Northeastern United States. Therefore, this document invites comments on the renewal of EFPs to allow a maximum of seven commercial fishing vessels to utilize a maximum of seven modified lobster traps and to collect statistical data using modified lobster trap gear. The American lobster fishery is the most valuable fishery in the northeastern United States. In 2004, approximately 75 million pounds (34,169 metric tons (mt)) of American lobster were landed with an ex-vessel value of approximately 315 million dollars. American lobster experience very high fishing mortality rates throughout their range, from Canada to Cape Hatteras. Operating under the Atlantic States Marine Fisheries Commission's interstate management process, American lobster are managed in state waters under Amendment 3 to the American Lobster Interstate Fishery Management Plan (Amendment 3). In Federal waters of the Exclusive Economic Zone (EEZ), lobster is managed under Federal regulations at 50 CFR part 697. Amendment 3, and compatible Federal regulations established a framework for area management, which includes industry participation in the development of a management program which suits the needs of each lobster management area while meeting targets established in the Interstate Fisheries Management Program. The industry, through area management teams, with the support of state agencies, have played a vital role in advancing the area management program. To facilitate the development of effective management tools, extensive monitoring and detailed abundance and size frequency data on the composition of lobsters throughout the range of the resource are necessary. The need for additional monitoring and detailed abundance and size frequency data on the offshore fishery, as proposed by this EFP, is critical due to the lack of consistent statistical coverage of the offshore lobster fishery. This proposed EFP will continue a project involved in extensive monitoring and detailed population information of American lobster in four offshore study areas using modified lobster trap gear that would otherwise be prohibited. Proposed EFP The proposed EFP is a continuation of a project begun in 2003, and is submitted by the AOLA and seven commercial lobster fishing vessels that are also members of the AOLA. The EFP proposes to collect statistical and scientific information on all lobsters retained in one juvenile lobster collector trap, as part of a project designed to monitor the offshore American lobster fishery to collect data that will assist the development of management practices appropriate to the fishery. Each of seven commercial fishing vessels involved in this monitoring and data collection program would collect detailed abundance and size frequency data on the composition of all lobsters collected from one modified juvenile lobster trap in a string of approximately 40 lobster traps, including data on sub-legal, and egg bearing females in addition to legal lobsters. This EFP would not involve the authorization of any additional lobster trap gear in the area. Vessels would collect data from each of four general study areas: The Mid-Atlantic - Chesapeake 50 Fathom Edge; the Southern - Hudson Canyon Area; the Middle - Veatch Canyon Area; and the Northern - Georges Bank and Gulf of Maine Area. The participating vessels may retain on deck sub-legal lobsters, and egg bearing female lobsters, in addition to legal lobsters, for the purpose of collecting the required abundance and size frequency data specified by this project. Data collected would include size, sex, shell disease index, and the total number of legals, sub-legals, berried females, and v-notched females. All sub-legals, berried females, and v-notched female lobsters would be returned to the sea as quickly as possible after data collection. Pursuant to 50 CFR 600.745 (b)(3)(v), the Regional Administrator may attach terms and conditions to the EFP consistent with the purpose of the exempted fishing. This EFP requests the inclusion of a maximum of one modified lobster trap per vessel, designated as a juvenile lobster collector trap, in the string of approximately 40 traps. This modified lobster trap would have a smaller entrance head, no escape vents and would be made of a smaller mesh than the traditional offshore trap to catch and retain a high percentage of juvenile lobsters in the 30-65 mm carapace length range. The smaller entrance head would exclude large lobsters from this trap and decrease the probability of cannibalism within the trap. The modifications to the trap are to the escape vents, and trap entrance head, not to the trap's size or configuration, therefore this modified trap would impact its environment no differently than the regular lobster trap it replaces. Renewal of this EFP will add no additional traps to the areas. Due to modifications to the escape vent, the EFP proposed to waive the American lobster escape vent requirement specified at 50 CFR 697.21(c) for a maximum of one trap per vessel for a maximum of seven vessels in the program. With the exception of the one modified juvenile lobster collector trap, all traps fished by a maximum of seven participating vessels would comply with all applicable lobster regulations specified at 50 CFR part 697. All monitoring and data collection would be conducted by seven federally permitted commercial fishing vessels, during the course of regular commercial fishing operations. There would not be observers or researchers onboard the participating vessels. This project, including the lobster handling protocols, was initially developed in consultation with NMFS and University of New Hampshire scientists. To the greatest extent practicable, these handling protocols are designed to avoid unnecessary adverse environmental impact on lobsters involved in this project, while achieving the data collection objectives of this project. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 21, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-6274 Filed 4-25-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 060313063-6104-02; I.D. 042006C] Financial Assistance to Administer NOAA's Faculty and Student Intern Research Program and Notice of Availability of Funds and Solicitation for Proposals for These Funds; Extension of Application Deadline AGENCY: National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of Availability of Student Intern Research Program funding. SUMMARY: NOAA publishes this notice to extend the solicitation period for proposals for NOAA's Faculty and Student Intern Research Program. Proposals are solicited from non-profit organizations who would design and provide administrative services, such as provide training, educational, and research opportunities to faculty, as well as graduate and undergraduate students pursuing degrees related to NOAA's mission. This solicitation was originally announced in the Federal Register on March 30, 2006. The solicitation period for this program was extended to provide the public more time to submit proposals. DATES: Proposals must be received no later than 5 p.m., eastern daylight time, May 9, 2006. ADDRESSES: It is strongly encouraged that applications submitted in response to this announcement are submitted through the *Grants.gov* Web site. Electronic access to the Full Funding Opportunity Announcement for this program is available via the Grants.gov Web site: *http://www.grants.gov* . Applicants must comply with all requirements contained in the Full Funding Opportunity Announcement. Paper applications (a signed original and two copies) may also be submitted to the following address: NOAA Civil Rights Office/OFA51,1305 East West Highway, Room 12222, Silver Spring, MD 20910. No facsimile or electronic mail applications will be accepted. FOR FURTHER INFORMATION CONTACT: Victoria G. Dancy, NOAA Civil Rights Office/OFA51, 1305 East West Highway, Room 12222, Silver Spring, MD 20910, or by phone at

(301)713-0500, ext. 136. SUPPLEMENTARY INFORMATION: On March 30, 2006, NOAA published a Notice of Availability of Funds and Solicitation for Proposals for these Funds for the NOAA Faculty and Student Intern Research Program (71 FR 16125). NOAA publishes this notice to extend the solicitation period that was originally announced in the **Federal Register** . NOAA extends the solicitation period from April 26, 2006 to May 9, 2006 to provide the public more time to submit proposals. All other requirements for this solicitation remain the same. Funding Availability The Office of Civil Rights anticipates that funding will be available at $250,000 to $300,000 a year for a 3-year period. The proposal is limited to a total of $900,000 for a maximum of 3 years and one proposal will be funded. Up to 25 percent of $300,000 is allowed for administrative overhead and at least 75 percent of $300,000 is allocated for student support. It is anticipated that the funding instrument will be a cooperative agreement since NOAA will be substantially involved in identifying NOAA facilities to place students each year during the three-year period of internships, and with collaboration, participation, or intervention in project performance. Authority : 15 U.S.C. 1540. Catalog of Federal Domestic Assistance: 11.481 Eligibility: Proposals will only be accepted from not-for-profit organizations. Cost Sharing Requirements: None Intergovernmental Review: Applications under this program are not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” Evaluation Criteria and Selection Procedures NOAA published its agency-wide solicitation entitled "Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2006" for projects for Fiscal Year 2006 in the **Federal Register** on June 30, 2005 (70 FR 37766). The evaluation criteria and selection procedures for projects contained in that omnibus notice are applicable to this solicitation. Copies of this notice are available on the Internet at *http://www.ofa.noaa.gov/%7Eamd/SOLINDEX.HTML* . Further details on evaluation and selection criteria can be found in the full funding opportunity announcement. Pre-award Activities If applicants incur any costs prior to an award being made, they do so solely at their own risk of not being reimbursed by the Government. Notwithstanding any verbal assurance that may have been received, there is no obligation to the applicant on the part of Department of Commerce to cover pre-award costs. Limitation of Liability In no event will NOAA or the Department of Commerce accept responsibility for proposal preparation costs if these programs fail to receive funding or are cancelled because of other agency priorities. Publication of this announcement does not oblige NOAA to award any specific project or to obligate any available funds. Recipients and sub-recipients are subject to all Federal laws and agency policies, regulations and procedures applicable to Federal financial assistance awards. National Environmental Policy Act

(NEPA)NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA), for applicant projects or proposals which are seeking NOAA Federal funding opportunities. Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA website: ( *http://www.nepa.noaa.gov/* ), including our NOAA Administrative Order 216-6 for NEPA, *http://www.nepa.noaa.gov/NAO216_6_TOC.pdf* ), and the Council on Environmental Quality implementation regulations, ( *http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm* ). Consequently, as part of an applicant's package, and under their description of their program activities, applicants are required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals introduction of non-indigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting of an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for the denial of an application. In some cases if additional information is required after application is selected, funds can be withheld by the Grants Officer under a special award condition requiring the recipient to submit additional environmental compliance information sufficient to enable NOAA to make an assessment on any impacts that a project may have on the environment. Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the **Federal Register** Notice of December 30, 2004 (69 FR 78389) are applicable to this solicitation. Paperwork Reduction Act

(PRA)This notification involves collection-of-information requirements subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, and SF-LLL and CD-346 has been approved by the Office of Management and Budget

(OMB)under control numbers 0348-0043, 0348-0044, 0348-0040 and 0348-0046 and 0605-0001, respectively. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 1286 It has been determined that this notice is not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act or any other law for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comments are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: April 21, 2006. William T. Hogarth, Assistant Administrator, National Marine Fisheries Service. [FR Doc. E6-6277 Filed 4-25-06; 8:45 am] BILLING CODE 3510-12-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 041806A] Fisheries of the Exclusive Economic Zone Off Alaska; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: NMFS will hold a meeting on a proposed cost recovery program for the Western Alaska Community Development Quota

(CDQ)Program. The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that the Secretary of Commerce establish a fee collection program for the recovery of the actual costs directly related to the management and enforcement of the CDQ Program. NMFS is seeking public input about the development of such a CDQ cost recovery program. DATES: The meeting will be held on Thursday, May 18, 2006, from 9 a.m. to 12 p.m. ADDRESSES: The meeting will be held in the Federal Building and Courthouse - Room 154, 222 West 7th Avenue, Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Sally Bibb, CDQ Program Manager, 907-586-7389 or *sally.bibb@noaa.gov* . NMFS is developing a cost recovery program to implement requirements of Section 304(d) of the Magnuson-Stevens Act, which requires that the Secretary of Commerce establish a fee collection program for the recovery of the actual costs directly related to management and enforcement of individual fishing quota

(IFQ)programs and CDQ programs. NMFS has already implemented cost recovery programs for the IFQ halibut, IFQ sablefish, and IFQ crab fisheries off Alaska. NMFS is developing an analysis in support of rulemaking to implement a cost recovery program for the fisheries managed under the CDQ Program. The Magnuson-Stevens Act proscribes many non-discretionary elements of cost recovery programs, such as the types of costs that may be recovered from the fishing industry, when applicable fees may be collected, and the disposition of such fees once paid. However, there are still a number of discretionary elements associated with a CDQ cost recovery program. These include such elements as: which entities would be required to pay fees; the species that would be included in a cost recovery program; the basis for affected entities' fee liability; and, how to incorporate a provision to allow the State of Alaska to apply for reimbursement of its CDQ Program management costs, among others. NMFS is conducting the May 18, 2006, meeting so that the public and participants in the CDQ Program may provide comments to NMFS on the development and implementation of the discretionary elements of the CDQ cost recovery program. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Sally Bibb (see contact information) by May 10, 2006. Dated: April 20, 2006. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-6273 Filed 4-25-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 042006B] New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in May, 2006 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Tuesday, May 16, 2006 at 9 a.m. and Wednesday, May 17, 2006 at 8:30 a.m. ADDRESSES: This meeting will be held at the Radisson Hotel, 180 Water Street, Plymouth, MA 02360: telephone:

(508)747-4900; fax:

(508)746-5386. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:

(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will review input from both the Scallop and General Category Scallop Advisory Panels about alternatives to be considered in Amendment 11 to the Sea Scallop Fishery Management Plan (FMP). The Committee will then make final recommendations to forward to the full Council concerning the range of alternatives that should be considered in Amendment 11. The Committee may consider other topics at their discretion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at

(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: April 21, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-6241 Filed 4-25-06; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY: Commodity Futures Trading Commission. ACTION: Notice; Information Collection 3038-0043, Rules Relating to Review of National Futures Association Decisions in Disciplinary, Membership Denial, Registration, and Member Responsibility Actions. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) this notice announces that the Information Collection Request

(ICR)abstracted below has been forwarded to the Office of Management and Budget

(OMB)for review and comment. The ICR describes the nature of the information collection and its expected costs and burden; it includes the actual data collection instruments [if any]. DATES: Comments must be submitted on or before May 26, 2006. FOR FURTHER INFORMATION CONTACT: Gail B. Scott at CFTC,

(202)418-5139; FAX:

(202)418-5524; e-mail: *gscott@cftc.gov* and refer to OMB Control No. 3038-0043. SUPPLEMENTARY INFORMATION: *Title:* Rules Relating to Review of National Futures Association Decisions in Disciplinary, Membership Denial, Registration, and Member Responsibility Actions, OMB Control No. 3038-0043. This is a request for extension of a currently approved information collection. *Abstract:* 17 CFR part 171 rules require a registered futures association to provide fair and orderly procedures for membership and disciplinary actions. The Commission's review of decisions of registered futures associations in disciplinary, membership denial, registration, and member responsibility actions is governed by section 17(h)(2) of the Commodity Exchange Act, 7 U.S.C. 21(h)(2). The rules establish procedures and standards for Commission review of such actions, and the reporting requirements included in the procedural rules are either directly required by section 17 of the Act or are necessary to the type of appellate review role Congress intended the Commission to undertake when it adopted that provision. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the CFTC's regulations were published on December 30, 1981. *See* 46 FR 63035 (Dec. 30, 1981). The **Federal Register** notice with a 60-day comment period soliciting comments on this collection of information was published on February 8, 2006 (71 FR 6455). *Burden statement:* The respondent burden for this collection is estimated to average .5 hours per response. This estimate includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* 25. *Estimated number of responses:* 51.3. *Estimated total annual burden on respondents:* 25.6 hours. *Frequency of collection:* On occasion. Send comments regarding the burden estimated or nay other aspect of the information collection, including suggestions for reducing the burden, to the addresses listed below. Please refer to OMB Control No. 3038-0043 in any correspondence. Gail B. Scott, Office of General Counsel, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581 and Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the CFTC, 725 17th Street, NW., Washington, DC 20503. Dated: Issued in Washington, DC, on April 20, 2006. Jean A. Webb, Secretary of the Commission. [FR Doc. 06-3925 Filed 4-25-06; 8:45 am]

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