Unknown. Final rule

2,180 words·~10 min read·/register/2006/05/11/06-4399·

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-05-11.xml --- 71 91 Thursday, May 11, 2006 Contents Agriculture Agriculture Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27449 E6-7207 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 27501 E6-7208 E6-7212 Healthcare Infection Control Practices Advisory Committee, 27501 E6-7211 Injury Prevention and Control Advisory Committee, 27501-27502 E6-7209 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Atlantic Ocean; Ocean City, MD, 27431-27434 E6-7205 Lake Michigan and Milwaukee Harbor, WI, 27434-27436 06-4393 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Commercial availability actions— Combed and ring-spun yarn; 92 percent cotton and 8 percent cashmere blend, 27467 E6-7226 Defense Defense Department See Defense Logistics Agency See Engineers Corps See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27467-27470 06-4378 06-4379 06-4380 06-4383 Arms sales notification, transmittal letter, etc., 27470-27474 06-4381 Base closures and realignments; list, 27475 06-4377 Meetings:

Science Board task forces, 27475-27476 06-4384 06-4385 06-4386 Defense Defense Logistics Agency NOTICES Privacy Act; computer matching programs, 27476-27478 06-4382 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Safe and drug-free schools programs— Emergency Response and Crisis Management Program, 27576-27582 06-4407 06-4408 Employee Employee Benefits Security Administration NOTICES Employee Retirement Income Security Act: Voluntary Fiduciary Correction Program; correction, 27533 C6-3674 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

McLeodUSA Telecommunications Service, 27518 06-4416 Roland Audio Development Corp. et al., 27518-27520 06-4418 Thomasville Furniture Ind., 27520-27521 06-4417 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Tuscarawas County, OH; Dover Dam safety assurance evaluation report; correction, 27533 C6-4234 EPA Environmental Protection Agency RULES Air programs: Fuels and fuel additives— Reformulated gasoline oxygen content requirement removed; non-oxygenated reformulated commingling prohibition revised; partially withdrawn; correction, 27533 C6-4253 Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 27394-27396 06-4395 Hazardous waste program authorizations: Tennessee, 27405-27408 06-4397 Water pollution control: Ocean dumping; site designations— Coos Bay, OR, 27396-27405 06-4286 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: West Virginia, 27440-27447 E6-7216 Withdrawn, 27440 E6-7215 Hazardous waste program authorizations: Tennessee, 27447-27448 06-4396 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Class E airspace, 27429-27430 06-4362 Offshore airspace areas, 27430-27431 E6-7155 NOTICES Air carriers certification and operations:

On-demand flight time and rest period rules; interpretation; comment request, 27527-27528 06-4361 Meetings: RTCA, Inc., 27528-27529 06-4363 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 27497-27498 E6-7229 E6-7230 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 27498-27499 06-4481 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Butler, Herbert, et al., 27486-27487 E6-7188 Josten, Nicholas, 27487 E6-7186 North Star Steel Co., 27487 E6-7181 Electric rate and corporate regulation combined filings, 27487-27492 E6-7158 E6-7202 E6-7204 Environmental statements; availability, etc.:

Creole Trail LNG, L.P., 27492-27493 E6-7199 Flambeau Hydro, LLC, 27493 E6-7191 Sabine Pass LNG, LP, 27493-27494 E6-7192 Hydroelectric applications, E6-7169 27494-27497 E6-7187 E6-7198 *Applications, hearings, determinations, etc.:* Akula Energy, LLC, 27478 E6-7184 ANR Pipeline Co., 27478 E6-7174 Cheyenne Plains Gas Pipeline Co., L.L.C., 27479 E6-7175 E6-7176 Cincinnati Gas & Electric Co., 27479-27480 E6-7189 CrosstexNorth Texas Pipeline, L.P., 27480 E6-7180 Egan Hub Storage, LLC, 27480 E6-7164 First Commodities, Ltd., 27481 E6-7182 Gulfstream Natural Gas System, L.L.C., 27481 E6-7170 KGen Enterprise LLC et al., 27481-27482 E6-7193 KIAC Partners et al., 27482 E6-7183 Midwest Independent Transmission System et al., 27482 E6-7177 MMC Chula Vista LLC, 27482-27483 E6-7194 Northern Natural Gas Co., E6-7171 E6-7172 27483-27484 E6-7173 PJM Interconnection, L.L.C., 27484 E6-7185 Puget Sound Energy, Inc., 27484 E6-7197 Rockies Express Pipeline, L.L.C., 27485 E6-7165 Southern California Edison Co., 27485-27486 E6-7168 Williston Basin Interstate Pipeline Co., 27486 E6-7166 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Brunswick and New Hanover Counties, NC, 27529 06-4367 Sampson, Duplin, and Cumberland Counties, NC, 27529-27530 06-4368 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 27499 E6-7220 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 27499-27500 06-4406 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— Brevard County, FL; Florida scrub-jays, 27508-27509 E6-7210 Endangered and threatened species permit applications, determinations, etc., 27508 E6-7106 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-7157 27502-27504 E6-7159 E6-7178 GSA General Services Administration NOTICES Federal Management Regulation:

Real property policies; update, 27500-27501 E6-7221 Government Government Ethics Office PROPOSED RULES Executive branch employees; ethical conduct standards: Intergovernmental Personnel Act detailees; clarification, 27427-27429 E6-7222 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission See National Park Service IRS Internal Revenue Service NOTICES Meetings:

Taxpayer Advocacy Panels, 27532 E6-7203 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Japan, 27450-27458 E6-7223 Freshwater crawfish tail meat from— China, 27458-27459 E6-7232 Granular polytetrafluoroethylene resin from— Japan, 27459-27460 E6-7233 Hot-rolled carbon steel flat products from— India, 27460-27461 E6-7227 Large diameter carbon and alloy seamless standard, line, and pressure pipe, from— Mexico, 27461-27463 E6-7224 Small diameter carbon and alloy seamless standard, line, and pressure pipe, from— Czech Republic and South Africa, 27463-27465 E6-7231 Stainless steel bar from— Germany, 27465 E6-7225 Antidumping and countervailing duties:

Sulfanilic acid from— China and India, 27449-27450 E6-7228 International International Trade Commission NOTICES Import investigations: Audio processing integrated circuits and products, 27512-27513 E6-7153 Bearings from— Various countries, 27513-27514 E6-7152 Foam footwear, 27514-27515 06-4413 Silicomanganese from— Various countries, 27515 E6-7154 Meetings; Sunshine Act, 27515-27516 06-4488 Justice Justice Department NOTICES Pollution control; consent judgments: General Electric Co., 27516 06-4372 Illinois Power Co. et al., 27516-27517 06-4371 Jackson, Jay James, et al., 27517 06-4375 Minnkota Power Cooperative, Inc., et al., 27517 06-4374 Sacramento County, CA, 27517-27518 06-4376 Suffolk County, NY, et al., 27518 06-4373 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Maritime Maritime Administration NOTICES Meetings:

Voluntary Intermodal Sealift Agreement/Joint Planning Advisory Group, 27530 E6-7156 National Indian National Indian Gaming Commission RULES Management contract provisions: Minimum internal control standards, 27385-27394 06-4276 NIH National Institutes of Health NOTICES Meetings: National Institute of Biomedical Imaging and Bioengineering, 27505 06-4403 National Institute of Child Health and Human Development, 27504 06-4400 National Institute of Neurological Disorders and Stroke, 27505 06-4405 National Institute on Drug Abuse, 27504-27505 06-4401 06-4402 Scientific Review Center, 27505-27507 06-4404 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 27408-27426 06-4357 NOTICES Exempted fishing permit applications, determinations, etc.:, 27465-27467 06-4414 National Park National Park Service NOTICES Meetings: Native American Graves Protection and Repatriation Review Committee, 27509-27510 E6-7190 Native American human remains, funerary objects; inventory, repatriation, etc.: Arizona State Land Department, Phoenix, AZ, and Arizona State Museum, University of Arizona, Tucson, AZ, 27510-27511 E6-7179 Minnesota Historical Society, St.

Paul, MN, 27511-27512 E6-7200 National Science National Science Foundation NOTICES Meetings: National Science Board, 27521 E6-7213 Navy Navy Department RULES Privacy Program: Records availability and publication of documents affecting the public, 27536-27561 06-3924 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Environmental Protection Agency; Corvallis Environmental Research Laboratory, OR, et al., 27521-27523 E6-7163 Meetings: Nuclear Waste Advisory Committee, 27523-27525 E6-7161 E6-7162 Postal Postal Rate Commission PROPOSED RULES Practice and procedure:

Postal rate and fee changes, 27436-27440 E6-7218 Presidential Presidential Documents ADMINISTRATIVE ORDERS Migration and Refugee Assistance Act of 1962; availability of funds (Presidential Determination) No. 2006-13 of May 4, 2006, 27383 06-4482 SEC Securities and Exchange Commission RULES Organization, functions, and authority delegations: General Counsel; description of duties, 27385 06-4399 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 27525-27526 E6-7219 International Securities Exchange, Inc., 27526-27527 E6-7201 Surface Surface Transportation Board NOTICES Railroad services abandonment:

CSX Transportation, Inc., 27530-27531 E6-7214 Union Pacific Railroad Co., 27531-27532 E6-7150 Technology Technology Administration NOTICES Committees; establishment, renewal, termination, etc.: National Medal of Technology Nomination Evaluation Committee, 27467 E6-7160 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Terrorism Risk Insurance Program:

Terrorism Risk Insurance Extension Act; implementation, 27564-27572 06-4348 PROPOSED RULES Terrorism Risk Insurance Program: Terrorism Risk Insurance Extension Act; implementation; cross-reference, 27573 06-4349 Separate Parts In This Issue Part II Defense Department, Navy Department, 27536-27561 06-3924 Part III Treasury Department, 27564-27573 06-4348 06-4349 Part IV Education Department, 27576-27582 06-4407 06-4408 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 91 Thursday, May 11, 2006 Rules and Regulations SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34-53755] Description of Duties of the General Counsel AGENCY: Securities and Exchange Commission. ACTION: Final rule.

SUMMARY: The Securities and Exchange Commission (Commission) is amending its description of the duties of the General Counsel to include preliminary investigations, in which no process is issued or testimony compelled, where it appears that an attorney appearing and practicing before the Commission may have violated Rule 102(e) of the Commission's Rules of Practice. The Office of the General Counsel of the Commission already has the authority to conduct Commission-authorized proceedings and formal investigations under Section 21 of the Securities Exchange Act of 1934 (Exchange Act), including for violations by attorneys of Rule 102(e) of the Commission's Rules of Practice.

An amendment of the description of the duties of the General Counsel to include preliminary investigations makes it clear that the General Counsel may gather evidence in Rule 102(e) cases without compulsory process where witnesses are willing to testify or provide information voluntarily. This amendment would enable the General Counsel to identify, through informal means, those matters that do not warrant full-blown investigation and compulsory process. DATES: *Effective Date:* May 3, 2006.

FOR FURTHER INFORMATION CONTACT: Laura Walker, 202-551-5031, Office of the General Counsel, Office of Litigation and Administrative Practice. SUPPLEMENTARY INFORMATION: Section 21(a)(1) of the Exchange Act authorizes the Commission to conduct investigations regarding violations of the Exchange Act or its related rules or regulations. Under 17 CFR 201.102(e), the Commission may discipline attorneys who practice before it who lack integrity or competence, engage in improper professional conduct, or who are determined to have violated the Federal securities laws.

Under 17 CFR 200.21(a), the General Counsel is responsible for conducting administrative proceedings relating to the disqualification of lawyers from practice before the Commission. The Commission is amending its description of the duties of the General Counsel to include preliminary investigations, in which no process is issued or testimony compelled, where it appears that an attorney may have violated Rule 102(e) of the Commission's Rules of Practice. The Commission finds, in accordance with the Administrative Procedure Act

(APA)(5 U.S.C. 553(b)(3)(A), that this revision relates solely to agency organization, procedures, or practices. It is therefore not subject to the provision of the APA requiring notice and opportunity for comment. Accordingly, it is effective May 3, 2006. Text of Amendment List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies). For the reasons set out in the preamble, title 17, chapter II of the Code of Federal Regulations is amended as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS 1. The authority citation for part 200, subpart A, continues to read in part as follows: Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 78d-1, 78d-2, 78w, 78 *ll* (d), 78mm, 79t, 80a-37, 80b-11, and 7202, unless otherwise noted. 2. Section 200.21 is amended by revising the fourth sentence of paragraph

(a)to read as follows: § 200.21 The General Counsel.

(a)* * * In addition, he or she is responsible for advising the Commission at its request or at the request of any division director or office head, or on his or her own motion, with respect to interpretations involving questions of law; for the conduct of administrative proceedings relating to the disqualification of lawyers from practice before the Commission; for conducting preliminary investigations, as described in 17 CFR 202.5(a), into potential violations of 17 CFR 201.102(e) by attorneys; for the preparation of the Commission comments to the Congress on pending legislation; and for the drafting, in conjunction with appropriate divisions and offices, of legislative proposals to be sponsored by the Commission. * * * By the Commission. Dated: May 3, 2006. Nancy M. Morris, Secretary. [FR Doc. 06-4399 Filed 5-10-06; 8:45 am]

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