Notices. Notice of partially closed meeting

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BILLING CODE 5001-06-M DEPARTMENT OF DEFENSE Department of the Navy Meeting of the U.S. Naval Academy Board of Visitors AGENCY: Department of the Navy, DoD. ACTION: Notice of partially closed meeting. SUMMARY: The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The meeting will include discussions of personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

The executive session of this meeting will be closed to the public. DATES: The open session of the meeting will be held on Monday, June 5, 2006, from 8 a.m. to 10 a.m. The closed Executive Session will be held on Monday, June 5, 2006, from 10 a.m. to 1 p.m. ADDRESSES: The meeting will be held in the U.S. Naval Academy in the Midshipmen Common Area of Mitscher Hall, Annapolis, Maryland. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Marc D. Boran, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S.

Naval Academy, Annapolis, MD 21402-5000, telephone 410-293-1503. SUPPLEMENTARY INFORMATION: This notice of meeting is provided per the Federal Advisory Committee Act (5 U.S.C. App. 2). The Executive Session of the meeting will consist of discussions of personnel issues at the Naval Academy and internal Board of Visitors matters. Discussion of such information cannot be adequately segregated from other topics, which precludes opening the executive session of this meeting to the public.

Accordingly, the Secretary of the Navy has determined in writing that the meeting shall be partially closed to the public because it will be concerned with matters listed in section 552b(c)(2), (5), (6), (7), and

(9)of title 5, United States Code. Dated: May 11, 2006. Saundra K. Melancon, Paralegal Specialist, Alternate Federal Register Liaison Officer. [FR Doc. E6-7729 Filed 5-19-06; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF DEFENSE Department of the Navy Notice of Intent to Grant Exclusive Patent License; NanoDynamics, Inc. AGENCY: Department of the Navy, DoD. ACTION: Notice. SUMMARY: The Department of the Navy hereby gives notice of its intent to grant to NanoDynamics, Inc., a revocable, nonassignable, exclusive license to practice in the field of Halloysite microtubules for the elution of biocidal, antifungal, or other antimicrobial agents for the prevention of growth of bacteria and/or mold in Building Materials in the residential, commercial, institutional, and healthcare construction products market excluding paint, stain, varnish and other finish coatings associated with structures in the United States and certain foreign countries, the Government-owned inventions described in U.S. Patent No. 5,492,696: Controlled Release Microstructures, Navy Case No. 76,896.//U.S. Patent No. 5,651,976: Controlled Release of Active Agents Using Inorganic Tubules, Navy Case No. 76,652.//U.S. Patent No. 5,705,191: Sustained Delivery of Active Compounds from Tubules, with Rational Control, Navy Case No. 77,037.//U.S. Patent No. 6,280,759: Method of Controlled Release and Controlled Release Microstructures, Navy Case No. 78,215 and any continuations, divisionals or re-issues thereof. DATES: Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than June 6, 2006. ADDRESSES: Written objections are to be filed with the Naval Research Laboratory, Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320. FOR FURTHER INFORMATION CONTACT: Head, Technology Transfer Office, NRL Code 1004, 4555 Overlook Avenue, SW., Washington, DC 20375-5320, telephone 202-767-7230. Due to U.S. Postal delays, please FAX 202-404-7920, e-mail *techtran@utopia.nrl.navy.mil* , or use courier delivery to expedite response. (Authority: 35 U.S.C. 207, 37 CFR part 404) Dated: May 16, 2006. Saundra K. Melancon, Paralegal Specialist, Office of the Judge Advocate General, Alternate Federal Register Liaison Officer. [FR Doc. E6-7730 Filed 5-19-06; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION RIN 1865-ZA03 Grants for School-Based Student Drug-Testing Programs AGENCY: Office of Safe and Drug-Free Schools, Department of Education. ACTION: Notice of proposed priority, eligibility and application requirements, and selection criteria. SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools proposes a priority, eligibility and application requirements, and selection criteria under the Safe and Drug-Free Schools and Communities National Programs for the School-Based Student Drug-Testing Programs grant program. The Assistant Deputy Secretary may use the priority, requirements, and selection criteria for competitions in fiscal year 2006 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend for the priority, requirements, and selection criteria to contribute substantially to existing knowledge about the efficacy of mandatory random student drug testing as a means of deterring student drug use. DATES: We must receive your comments on or before June 21, 2006. ADDRESSES: Address all comments about the priority, requirements, and selection criteria to Robyn L. Disselkoen, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E251, Washington, DC 20202-6450. If you prefer to send your comments through the Internet, use the following address: *OSDFSdrugtesting@ed.gov.* You must include the term “Comments on 2006 Student Drug-Testing Notice” in the subject line of your electronic message. FOR FURTHER INFORMATION CONTACT: Robyn Disselkoen at

(202)260-3954. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: Invitation to Comment We invite you to submit comments regarding the proposed priority, requirements, and selection criteria. To ensure that your comments have maximum effect in developing the notice of final priority, eligibility and application requirements, and selection criteria, we urge you to identify clearly the specific priority, requirement, or selection criterion that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Order 12866 and its overall requirement of reducing regulatory burden that might result from the proposed priority, requirements, and selection criteria. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about the proposed priority, requirements, and selection criteria in room 3E251, 400 Maryland Avenue, SW., Washington DC, between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for the proposed priority, requirements, and selection criteria. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . Background Although drug use among America's youth has declined in recent years, far too many young people continue to use these harmful substances. Results of the 2005 Monitoring the Future survey, for example, show that in the 12 months prior to the survey, 15.2 percent of 8th-grade students, 31.1 percent of 10th-grade students, and 38.8 percent of 12th-grade students indicated that they had used illicit drugs. (Johnston, L.D., O'Malley, P.M., Bachman, J.G., & Schulenberg, J.E. (2005). *Monitoring the Future national survey results on drug use, 1975-2004. Volume I: Secondary school students* (NIH Publication No. 05-5727). Bethesda, MD: National Institute on Drug Abuse, p. 201). The consequences of drug use by this vulnerable population are clear. According to the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA), students who use illegal drugs are more likely than students who do not use illegal drugs to have negative attitudes about school and to have demonstrated the following delinquent behaviors: Engaged in a serious fight at school or work, attacked someone with the intent to inflict serious injury, carried a handgun, sold illegal drugs, or stole or tried to steal something worth $50 or more. (Results from the 2002 National Survey on Drug Use and Health: National Findings [DHHS Publication No. SMa 03-3836 NSDUH Series H-22] Rockville, MD: Substance Abuse and Mental Health Services Administration). The National Drug Control Strategy, issued by the Office of National Drug Control Policy (ONDCP) in February 2006, ( *http://www.whitehousedrugpolicy.gov/publications/policy/ndcs06/ndcs06.pdf* ) notes: “The greatest pressure on young people to start using drugs does not come from drug pushers but from their peers. It is, therefore, important to continue to educate young people about the dangers of drug use and build a cultural norm that views illicit drug use as unacceptable.” An important part of promoting a culture that supports healthy, drug-free choices by young people requires providing disincentives to using drugs. According to the Strategy: “Screening for drugs is an important way to send the message that drug use is unacceptable. * * * Screening for drug use gives young people an ‘out' to say no to drugs.” Several recent studies have contributed to a growing body of knowledge about the potential effectiveness of drug testing in deterring drug use by youth. None of these studies, however, has employed a randomized control trial, the type of research design needed to make a valid determination of whether mandatory random student drug testing deters drug use. Therefore, the U.S. Department of Education (ED), through these grants to reduce student drug use, proposes to conduct the first large-scale national evaluation of the effectiveness of mandatory random student drug testing using a randomized control trial study design. Description of the National Evaluation All schools proposed by applicants funded under this priority will participate in the national evaluation. 1 These schools will be randomly assigned by the national evaluation contractor to one of two conditions:

(1)Implement mandatory random student drug testing immediately after the baseline student survey to be conducted by the national evaluator in early 2007; or

(2)not promote or implement mandatory random student drug testing at any time until the conclusion of the data collection for the national evaluation in spring 2008. 1 ED's Institute of Education Sciences

(IES)will award a contract to conduct a national evaluation to assess the impact of mandatory random student drug testing on two populations of interest:

(1)Students who participate in athletics and/or competitive extra-curricular activities; and

(2)students who do not participate in these activities. In all participating schools, for each round of data collection, up to 200 students will participate in confidential and anonymous surveys about substance use conducted by the national evaluator. These student surveys, which will support the national evaluation, will be conducted in spring 2007 (before drug testing begins in any school), in fall 2007, and in spring 2008. During this period, the national evaluator will also collect other evaluation information through staff interviews. In addition, the national evaluator will administer student surveys in school years 2008-2009 and 2009-2010 in order to collect data to fulfill ED's requirement that grantees report annually on the Government Performance and Results Act

(GPRA)performance measures established for this program. Grantees will have no responsibility for evaluating their program or for collecting data and reporting on GPRA. For that reason, and because the work of the national evaluator is subject to the IES confidentiality statutes (20 U.S.C. 9573), which provide for an exemption of Protection of Human Subjects regulations (34 CFR 97.101(b)(3)(ii)), ED does not believe grantees need to seek approval from an Institutional Review Board (IRB). Approximately one month after the early 2007 student survey is completed, the evaluator will notify grantees of the random assignment status of each school to either the first or the second wave of implementation. Schools assigned to the first wave of implementation will begin conducting mandatory random student drug testing immediately (spring 2007). After completion of the spring 2008 student survey, schools assigned to the second wave of implementation may begin mandatory random student drug testing. We will announce the final priority, requirements, and selection criteria in a notice in the **Federal Register** . We will determine the final priority, requirements, and selection criteria after considering responses to this notice and other information available to ED. This notice does not preclude us from proposing or using other priorities, requirements, and selection criteria subject to meeting applicable rulemaking requirements. Note: This notice does *not* solicit applications. In any year in which we choose to use the priority, we invite applications through a notice in the **Federal Register** . When inviting applications, we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority we give competitive preference to an application by either

(1)awarding additional points, depending on how well or the extent to which the application meets the competitive priority (34 CFR 75.105(c)(2)(i)); or

(2)selecting an application that meets the competitive priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Proposed Priority Participation in Evaluation of Mandatory Random Student Drug-Testing Programs Under this proposed priority, we will support local educational agencies

(LEAs)that agree to participate in a national evaluation of the impact of mandatory random student drug testing on high school students' reported substance use. In order to meet this priority an applicant must:

(1)Agree to carry out its drug-testing program in a manner consistent with the randomized control trial evaluation design developed by ED and its national evaluator;

(2)Propose at least two schools with three or more grades 9 through 12 to participate in the national evaluation;

(3)Not have an existing drug-testing program in operation in any of the schools proposed by the applicant for participation in the national evaluation;

(4)Consent to the evaluator's random assignment of one-half of the schools proposed by the applicant for participation in the national evaluation to begin mandatory random student drug-testing implementation in year one of the grant (following the spring 2007 survey of students), and one-half to begin mandatory random student drug testing approximately one year later (after the spring 2008 survey of students has been completed);

(5)Agree that the schools proposed by the applicant for participation in the national evaluation will limit their mandatory random student drug-testing program to students in grades 9 through 12, and within that group of students to one or both of the following:

(a)All students who participate in the school's athletic program; and

(b)All students who are engaged in competitive, extra-curricular school-sponsored activities; Note: Competitive, extra-curricular school-sponsored activities means any activity under the direct control of the school in which students compete against students in another school. If the State maintains a list of sanctioned competitive, extra-curricular school-sponsored activities, the applicant may consider those activities to be competitive, extra-curricular school-sponsored activities for the purposes of this program.

(6)Not promote or begin the implementation of its mandatory random student drug-testing program in any participating schools until it receives notification from the national evaluator about the random assignment of its schools to participate in the first or second wave of implementation, except that an applicant may conduct outreach and generate community support for its drug-testing policy;

(7)Delay the promotion, announcement, and start of the mandatory random student drug-testing program in schools assigned to the second wave of implementation until the spring 2008 student survey has been completed;

(8)Cooperate with evaluation data collection activities, including facilitating the national evaluator's efforts to obtain parental consent for student participation in the surveys, by providing contact information and scheduling and making available space for the administration of the surveys in the schools; and

(9)Implement its mandatory random student drug-testing program consistently across participating schools and according to uniform LEA policies and procedures during the evaluation period. Once a participating school has begun implementing its mandatory random student drug-testing program in accordance with the requirements of this priority, and following the completion of the spring 2008 student survey, the LEA at its discretion, may announce, promote, implement and use grant funds for testing—

(a)In schools assigned to the second wave of implementation;

(b)Students in any grade 6 through 12 who, along with their parent or guardian, volunteer to be tested; and

(c)Students in grades 6 through 8 who participate in the school's athletic programs or competitive, extra-curricular school-sponsored activities. *Proposed Eligibility and Application Requirements:* We propose the following eligibility requirements for applications submitted under this program:

(1)LEAs are the only eligible applicants; and

(2)An applicant may not have been the recipient of, or a participant in, a grant in 2005 under ED's School-Based Grants for Student Drug-Testing competition (84.184D). We propose the following requirements for applications submitted under this program:

(1)An applicant may not submit more than one application for a grant under the competition.

(2)In its application, an applicant must:

(a)Clearly identify the student population that will be in the drug-testing pool including, to the extent feasible, the number of students in the pool by grade, and demonstrate a significant need for drug testing within the target population;

(b)Propose to test a minimum of 50 percent of the testing pool annually, and use at least a five-panel test (marijuana, amphetamine, cocaine, methamphetamine, and opiates);

(c)Explain how the proposed drug-testing program will be part of an existing, comprehensive drug prevention program in the schools to be served;

(d)Provide a comprehensive plan for referring students who are identified through the testing program as users of illegal drugs or legal medications taken without a prescription to a student assistance program, counseling, or drug treatment if necessary;

(e)Provide a plan to ensure the confidentiality of drug-testing results, including a provision that prohibits the party conducting drug tests from disclosing to school officials any information about a student's use of legal medications for which the student has a prescription;

(f)Provide written assurances of the following:

(i)That results of student drug tests will not be disclosed to law enforcement officials;

(ii)That results of student drug tests will be destroyed when the student graduates or otherwise leaves the LEA or private school involved;

(iii)That all positive drug tests will be reviewed by a certified medical review officer;

(iv)That legal counsel has reviewed the proposed drug-testing program and advised that the program activities do not appear to violate established constitutional principles or State and Federal requirements related to implementing a mandatory random student drug-testing program;

(v)That all proposed activities will be carried out in accordance with the requirements of the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA);

(vi)That the mandatory random student drug-testing program is ready to begin no later than 9 months after receipt of the grant award. We will consider a grantee's failure to achieve readiness to begin its program within 9 months of the grant award as a failure to make substantial progress consistent with the requirements of the Education Department General Administrative Regulations (EDGAR) in § 75.253(2)(i). This failure could result in loss of funding for year two of the project period or termination of the grant;

(vii)That mandatory random student drug testing will be conducted for the entire academic year in the schools selected to implement drug testing; and

(viii)That, to the extent feasible, schools randomly assigned to begin drug testing in year one of the grant will retain the same testing pool (for example, all students participating in athletics and/or all students participating in competitive, extracurricular school-sponsored activities without regard to the timing of their activity) until the completion of the 2008 student survey.

(3)Funds awarded under this program may not be used for any of the following purposes:

(a)Student drug tests administered under suspicion of drug use;

(b)Incentives for students to participate in the drug-testing program;

(c)Drug treatment;

(d)Drug prevention curricula or other prevention programs;

(e)Drug tests for students in non-competitive extra-curricular activities who do not otherwise meet the eligibility criteria;

(f)Drug tests for students in co-curricular activities who do not otherwise meet the eligibility criteria; or

(g)Drug tests for student drivers who park on campus who do not otherwise meet the eligibility criteria. Proposed Selection Criteria The Secretary proposes to select from the following criteria those factors that will be used to evaluate applications under this competition.

(1)*Need for Project.*

(a)The documented magnitude of student drug use in schools to be served by the mandatory random student drug-testing program, including the nature, type, and frequency, if known, of drug use by students in the target population; and,

(b)Other evidence, if any, of student drug use in schools to be served by the mandatory random student drug-testing program, which may include, but is not limited to, reports from parents, students, school staff, or law enforcement officials.

(2)*Significance.*

(a)The extent to which the proposed project includes a thorough, high-quality review of Federal and State laws and relevant Supreme Court decisions related to the proposed student drug-testing program.

(b)The extent to which the applicant demonstrates school and community support for the student drug-testing program and has obtained the input of groups representing a diversity of perspectives, for example, private schools, parents, counselors, teachers, and school board members, in the development of the mandatory random student drug-testing program; and

(c)The importance or magnitude of the results or outcomes likely to be attained by the mandatory random student drug-testing program in the grantee's schools.

(3)*Quality of Project Design.*

(a)The extent to which the project will be based on up-to-date knowledge from research and effective practice, including the methodology for the random selection of students to be tested and procedures outlining the collection, screening, confirmation, and review of student drug tests by a certified medical review officer.

(b)The quality of the applicant's plan to develop and implement a mandatory random student drug-testing program that includes—

(i)Evidence of the applicant's readiness to begin mandatory random student drug testing in the first year of the grant; and

(ii)Detailed procedures outlining how the school will respond to a student's positive drug test, including parental notification and referral to student assistance programs, drug education, or formal drug treatment, if necessary.

(4)*Management Plan.*

(a)The extent to which the applicant describes appropriate chain-of-custody procedures for test samples and demonstrates a commitment to use labs certified by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration to process student drug tests.

(b)The quality of the applicant's plan to ensure confidentiality of drug test results, including limiting the number of school officials who will have access to student drug-testing records.

(5)*Adequacy of resources.* The adequacy of support from the applicant, including project staff, facilities, equipment, supplies, and other resources necessary to implement a high-quality mandatory random student drug-testing program. Executive Order 12886 This notice of proposed priority, eligibility and application requirements, and selection criteria has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the notice of proposed priority, eligibility and application requirements, and selection criteria are those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of proposed priority, eligibility and application requirements, and selection criteria, we have determined that the benefits of the proposed priority, requirements, and selection criteria justify the costs. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Summary of Potential Costs and Benefits The potential cost associated with the proposed priority, requirements, and selection criteria is minimal while the benefits are significant. Grantees may anticipate costs related to engaging the community in discussions about the utility of mandatory random student drug testing as a means of deterring youth drug use and in developing and gaining approval for a comprehensive policy supporting mandatory random student drug testing and establishing consistent policies and procedures. Other potential costs are those associated with completing the application process in terms of staff time, copying, and mailing or delivery. The primary benefit of the proposed priority, requirements, and selection criteria is that grantees may reduce student drug use by supporting school-based mandatory random student drug-testing programs. In addition, participation in the national evaluation means grantees will not have to conduct an independent evaluation of their project nor will they have to report to the Department on their progress toward meeting the GPRA measures established for this program. All data collection and evaluation will be carried out by the national evaluator on behalf of the grantees and reported to the Department. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access To This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office

(GPO)toll free at

(888)293-6498; or in the Washington, DC area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/index.html* . (Catalog of Federal Domestic Assistance Number 84.184D Office of Safe and Drug-Free Schools National Programs -Grants for School-Based Student Drug-Testing Programs) Program Authority: 20 U.S.C. 7131. Dated: May 17, 2006. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E6-7749 Filed 5-19-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-301-142] ANR Pipeline Company; Notice of Negotiated Rate Filing Amendment May 12, 2006. Take notice that on May 8, 2006, ANR Pipeline Company

(ANR)tendered for filing and approval an amendment to an existing negotiated rate service arrangement, which provided solely for the name change of the customer. ANR requests that the Commission accept and approve the subject amendment filing to be effective May 1, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7693 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-337-000] Discovery Gas Transmission LLC; Notice of Revenue Credit Report May 12, 2006. Take notice that on April 28, 2006, Discovery Gas Transmission LLC, (Discovery) tendered for filing its revenue credit report pursuant to section 27, “Revenue Crediting” of the general terms and tonditions contained in its FERC Gas Tariff, which required companies to credit ninety percent of the revenues collected in excess of $4,489.891 for a calendar year from certain transportation services rendered on the Expansion Facilities. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at * http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time May 19, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-7702 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-355-000] Gulf South Pipeline Company, LP; Notice of Proposed Changes in FERC Gas Tariff May 12, 2006. Take notice that on May 9, 2006, Gulf South Pipeline Company, LP (Gulf South) tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume No. 1, the following tariff Sheets, to become effective June 9, 2006. Second Revised Sheet No. 3700 First Revised Sheet No. 3701 Fourth Revised Sheet No. 3702 Second Revised Sheet No. 3703 Second Revised Sheet No. 3704 Third Revised Sheet No. 3705 Seventh Revised Sheet No. 3706 Third Revised Sheet No. 3707 Second Revised Sheet No. 3708 Second Revised Sheet No. 3709 Sheet Nos. 3710-3799 Gulf South is proposing changes to section 30 of its tariff in order to update, streamline, and clarify Gulf South's right-of-first-refusal processes. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7703 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-357-000] Gulf States Transmission Corporation; Notice of Proposed Changes In FERC Gas Tariff May 12, 2006. Take notice that on May 9, 2006, Gulf States Transmission Corporation (Gulf States) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed on Attachment A to the filing, to become effective June 1, 2006. Gulf States copies of this filing are being served on all customers of Gulf States and applicable state regulatory agencies. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7705 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-426-027] Texas Gas Transmission, LLC; Notice of Negotiated Rate May 12, 2006. Take notice that on May 2, 2006, Texas Gas Transmission LLC (Texas Gas) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to become effective May 1, 2006: Second Revised Sheet No. 55 First Revised Sheet No. 55A Seventh Revised sheet No. 56 Texas Gas states that the purpose of the filing is to submit to the Commission tariff sheets detailing a Revised Negotiated Rate Agreement between Texas Gas and Devon Gas Services, L.P. (Devon) dated March 24, 2006, to be effective May 24, 2006, supercedes the Negotiated Agreement dated November 18, 2005, between Texas Gas and Devon, as approved in Docket No. RP00-426-026, and adds an Overrun Rates provision effective May 1, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7701 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-356-000] Transcontinental Gas Pipe Line Corporation; Notice of Proposed Changes in FERC Gas Tariff May 12, 2006. Take notice that on May 9, 2006, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Eighth Revised Sheet No. 30, Sixth Revised Sheet No. 437, and First Revised Sheet No. 438, to become effective June 9, 2006. Transco states that the purpose of this filing is to revise Transco's Form of Service Agreement under Seller's Rate Schedule FT to insert alternative language in Article IV, Term of Agreement, to be used for firm transportation service under newly constructed expansion projects whose in-service date is unknown at the time of the service agreement's execution. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7704 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 May 12, 2006. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER06-857-001. *Applicants:* Energy Resource Management Corp. *Description:* Energy Resource Management Corp. submits an amended FERC Electric Tariff Rate Schedule 1. *Filed Date:* May 3, 2006. *Accession Number:* 20060508-0152. *Comment Date:* 5 p.m. Eastern Time on Wednesday, May 24, 2006. *Docket Numbers:* ER06-868-001. *Applicants:* Florida Power Corporation. *Description:* Florida Power Corp. submits revised tariff sheets to its Rate Schedule No. 176. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0113. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-945-000. *Applicants:* TXU Electric Company. *Description:* TXU Electric Delivery Co. submits its Second Revised Sheet Nos. 37-38 to FERC Electric Tariff, Ninth Revised Volume No. 1, effective May 31, 2004. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0112. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-946-000. *Applicants:* TXU Electric Delivery Company. *Description:* TXU Electric Delivery Co. submits its Second Revised Sheet No. 34 to FERC Electric Tariff, Fourth Revised Volume No. 2, effective May 31, 2004. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0111. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-947-000. *Applicants:* Northeast Utilities Service Company. *Description:* Northeast Utilities Service Co. on behalf of The Connecticut Light and Power Co. et al. submits a notice of Cancellation of Rate Schedule FERC Nos. 496 and 382. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0118. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-948-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Co. submits executed Facilities Agreements with the City and County of San Francisco. *Filed Date:* May 1, 2006. *Accession Number:* 20060502-0074. *Comment Date:* 5 p.m. Eastern Time on Monday, May 22, 2006. *Docket Numbers:* ER06-949-000. *Applicants:* Pacific Gas and Electric Company. *Description:* Pacific Gas and Electric Gas Co. submits a notice of cancellation of Rate Schedule FERC No. 209. *Filed Date:* May 4, 2006. *Accession Number:* 20060504-0174. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 25, 2006. *Docket Numbers:* ER06-950-000. *Applicants:* The Cincinnati Gas & Electric Company. *Description:* The Cincinnati Gas & Electric Co. dba Duke Energy Ohio Inc. submits a notice of succession notifying the Commission effective April 10, 2006 that it has succeeded by merger to the tariff of Duke Fayette. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0117. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-951-000. *Applicants:* The Cincinnati Gas & Electric Company. *Description:* The Cincinnati Gas & Electric Co. dba Duke Energy Ohio Inc. submits a notice of succession notifying the Commission effective April 10, 2006 that it has succeeded by merger to the tariff of Duke Washington. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0116. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-952-000. *Applicants:* The Cincinnati Gas & Electric Company. *Description:* The Cincinnati Gas & Electric Co dba Duke Energy Ohio, Inc. submits a notice of succession notifying the Commission that effective April 10, 2006 it has succeeded by merger to the tariff of Duke Energy Hanging Rock, LLC. *Filed Date:* May 5, 2006. *Accession Number:* 20060509-0115. *Comment Date:* 5 p.m. Eastern Time on Friday, May 26, 2006. *Docket Numbers:* ER06-953-000. *Applicants:* The Cincinnati Gas and Electric Company. *Description:* The Cincinnati Gas and Electric Co dba Duke Energy Ohio submits a notice of cancellation of Duke Vermillion's Test Power Purchase Agreement designated as Rate Schedule FERC 1. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0114. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 25, 2006. *Docket Numbers:* ER06-954-000. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection, LLC submits its report on allocation of cost responsibility for transmission upgrades and revised tariff sheets. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0107. *Comment Date:* 5 p.m. Eastern Time on Monday, June 5, 2006. *Docket Numbers:* ER06-955-000. *Applicants:* American Transmission Company LLC. *Description:* American Transmission Co, LLC submits an executed Distribution-Transmission Interconnection Agreement with Alger Delta Cooperative Association. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0055. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 25, 2006. *Docket Numbers:* ER06-956-000. *Applicants:* American Transmission Company LLC. *Description:* American Transmission Co, LLC submits an executed Distribution -Transmission Interconnection Agreement with New Holstein Utilities. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0207. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 25, 2006. *Docket Numbers:* ER06-957-000. *Applicants:* American Transmission Company LLC. *Description:* American Transmission Co LLC submits an executed Distribution-Transmission Interconnection Agreement with Two Rivers Water & Light. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0110. *Comment Date:* 5 p.m. Eastern Time on Thursday, May 25, 2006. Docket Numbers: ER99-1004 -006; ER00-2738-005; ER00-2740-005; ER01-1721-003; ER02-564-003; ER02-257-006. *Applicants:* Entergy Nuclear Generation Company; Entergy Nuclear FitzPatrick, LLC; Entergy Nuclear Indian Point 3, LLC; Entergy Nuclear Indian Point 2, LLC; Entergy Nuclear Vermont Yankee, LLC; Northern Iowa Windpower LLC. *Description:* Entergy Services, Inc. submits modifications to its December 14, 2005 filing. *Filed Date:* May 4, 2006. *Accession Number:* 20060509-0039. *Comment Date:* 5 p.m. Eastern Time on Monday, May 15, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7691 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL06-1-001, et al.] Niagara Mohawk Power Corporation, et al.; Electric Rate and Corporate Filings May 12, 2006. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Niagara Mohawk Power Corporation, A National Grid Company v. New York State Reliability Council and New York Independent System Operator, Inc. [Docket No. EL06-1-001] Take notice that on April 28, 2006, New York State Reliability Council (NYSRC) and New York Independent System Operator, Inc. (NYISO) filed a joint informational report, pursuant to the Commission's order issued February, 2, 2006, regarding actions taken by NYSRC and NYISO concerning the progress they made toward resolving issues raised by the Niagara Mohawk Power Corporation in its complaint filing of September 30, 2005. *Comment Date:* 5 p.m. Eastern Time on May 26, 2006. 2. Midland Cogeneration Venture Limited Partnership [Docket No. ER06-733-001] Take notice that May 10, 2006, Midland Cogeneration Venture Limited Partnership filed revised tariff sheets, Sub. Original Sheet Nos. 2 through 4 and Original Sheet No. 5, to its market-based tariff, Original Volume No 1, pursuant to the Commission's May 8, 2006 request. *Comment Date:* 5 p.m. Eastern Time on May 22, 2006. 3. Arcadia Power Partners, LLC; Cleco Power LLC [Docket Nos. ER06-964-000; ER06-965-000] Take notice that on May 5, 2006, Arcadia Power Partners, LLC filed its proposed revised market-based rate tariff, Original Volume No. 1, Original Sheet No. 3, to permit it to make sales of energy indirectly through a non-affiliated marketer to its affiliate, Cleco Power LLC. *Comment Date:* 5 p.m. Eastern Time on May 19, 2006. 4. Colstrip Energy Limited Partnership [Docket No. QF84-377-011] Take notice that on May 3, 2006, Colstrip Energy Limited Partnership filed an application for recertification as a qualifying small power production facility, pursuant to part 292, subpart B of the Commission's regulations, 18 CFR 292.207(b). *Comment Date:* 5 p.m. Eastern Time on June 2, 2006. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-7755 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2192-022—WI] Consolidated Water Power Company; Notice of Availability of Draft Environmental Assessment May 12, 2006. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed an application for the conveyance and acquisition of project lands at the Biron Project (FERC No. 2192), and has prepared a draft environmental assessment

(DEA)for the proposal. The proposed project land exchange would occur on the Biron reservoir in Wood County, Wisconsin. In the application, Consolidated Water Power (licensee) requests Commission authorization to exchange approximately 3.14 acres of licensee-owned lands with 3,000 linear feet of shoreline along the Biron flowage, for three different parcels of land totaling approximately 205.213 total acres. The first parcel has 830 linear feet of river shoreline and consists of 47.546 acres. The second parcel has 126 linear feet of river shoreline and consists of 2.960 acres, abutting an existing licensee-owned boat launch. The third parcel consists of islands in the river, peninsulas, and a roadside access totaling 154.84 acres (48.82 acres above water). These island perimeters, peninsulas, and the roadside access total 33,749 linear feet of waterfront. All lands are currently within the project boundary, and the licensee intends to retain flowage rights over any conveyed lands, and to retain all lands within the project boundary. The DEA contains the Commission staff's analysis of the probable environmental impacts of the licensee's land-exchange proposal. The DEA is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. The DEA may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “elibrary” link. Enter the docket number (P-2192-022) excluding the last three digits, in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. Comments on the DEA should be filed within 30 days of the date of this notice and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please reference “Biron Project, FERC Project No. 2192-022” on all comments. Comments may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E6-7695 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepting for Filing and Soliciting Motions To Intervene, Protests and Comments May 12, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12637-000. c. *Date filed:* January 9, 2006. d. *Applicant:* Elias A. Felluss. e. *Name of Project:* Columbia Hydro Power Alpha Station. f. *Location:* On Claverack Creek, in Stottville, Columbia County, New York. The existing dam is owned by the applicant. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Elias A. Felluss, 71 Centershore Road, Centerport, NY 11721,

(800)335-5877. i. *FERC Contact:* Etta Foster,

(202)502-8769. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-12637-000) on any comments, protests, or motions filed. k. *Description of Project:* The proposed project would consist of:

(1)An existing 10-foot-high, 180-foot-long dam;

(2)a 180-foot-wide reservoir;

(3)a 12-foot-wide, 70-foot-long penstock;

(4)a proposed powerhouse containing a single generator with an installed capacity of approximately 1MW;

(5)a tailrace; and

(6)appurtenant facilities. The project would have an estimated annual generation of approximately 2 MW. The applicant plans to sell the generated energy. l. *Location of Application:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit:* Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application:* Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent:* A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit:* A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, 385.214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letter the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, “MOTION TO INTERVENE”, “NOTICE OF INTENT”, or “COMPETING APPLICATION”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E6-7694 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 925-010] City of Ottumwa, IA; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments May 12, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New License. b. * Project No.:* 925-010. c. *Date Filed:* April 26, 2006. d. *Applicant:* City of Ottumwa, Iowa. e. *Name of Project:* Ottumwa Hydroelectric Project. f. * Location:* On the Des Moines River in the City of Ottumwa, Wapello County, Iowa. The project does not occupy Federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Richard Wilcox, Ottumwa Water and Hydro, 230 Turner Drive, Ottumwa, Iowa 52501,

(641)684-4606. i. * FERC Contact:* Timothy Konnert,

(202)502-6359 or *timothy.konnert@ferc.gov.* j. *Cooperating agencies:* We are asking Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. k. Pursuant to § 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. *Deadline for filing additional study requests and requests for cooperating agency status:* June 26, 2006. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. m. This application is not ready for environmental analysis at this time. n. The existing Ottumwa Project consists of:

(1)An 18-foot-high dam with a 641-foot-long spillway section equipped with eight Taintor gates and one bascule gate;

(2)a 125-acre reservoir with a normal water surface elevation of 638.5 feet msl;

(3)a powerhouse integral to the dam containing three generating units, unit 1 and unit 3 each rated at 1,000 kW and unit 2 rated at 1,250 kW; and

(4)appurtenant facilities. The applicant estimates that the average annual generation would be 10,261,920 kilowatt hours using the three generating units with a combined capacity of 3,250 kW. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the Iowa State Historic Preservation Officer (SHPO), as required by section 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. q. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. The Commission staff proposes to issue one environmental assessment rather than issue a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in an EA. Staff intents to give at least 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the license application. *Issue Acceptance or Deficiency Letter:* June 2006. *Issue Scoping Document:* July 2006. *Notice of application is ready for environmental analysis:* September 2006. *Notice of the availability of the EA:* March 2007. *Ready for Commission's decision on the application:* May 2007. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E6-7700 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2602-007—North Carolina] Duke Power Company LLC; Dillsboro Hydroelectric Project; Notice of Proposed Restricted Service List for a Memorandum of Agreement for Managing Properties Included in or Eligible for Inclusion in the National Register of Historic Places May 12, 2006. Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding. 1 The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established. 1 18 CFR 385.2010. The Commission staff is consulting with the North Carolina State Historic Preservation Officer (hereinafter, SHPO) and the Advisory Council on Historic Preservation (hereinafter, Council) pursuant to the Council's regulations, 36 CFR part 800, implementing section 106 of the National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to prepare and execute a memorandum of agreement for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at the Dillsboro Hydroelectric Project No. 2602-007 (SHPO Reference Number ER03-0341). The memorandum of agreement, when executed by the Commission and the SHPO would satisfy the Commission's section 106 responsibilities for all individual undertakings carried out in accordance with the surrender of a license. The Commission's responsibilities pursuant to section 106 for the Dillsboro Project would be fulfilled through the execution of a memorandum of agreement for the project (36 CFR 800.6[c]), which the Commission proposes to draft in consultation with certain parties listed below. The executed memorandum of agreement for the project would be incorporated into any Order approving the surrender of a license for the project. The memorandum of agreement would be effective until the conditions of the surrender are completed. Once the conditions of the surrender are complete, the stipulations of the memorandum of agreement would no longer be enforced. Duke Power Company LLC, as licensee for Project No. 2602, and the Eastern Band of Cherokee Indians have expressed an interest in these proceedings and are invited to participate in consultations to develop the memorandum of agreement. For purposes of commenting on the memorandum of agreement, we propose to restrict the service list for the aforementioned project as follows: Don Klima or Representative, Advisory Council on Historic Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004. Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail Code EC12Y, Charlotte, NC 28201-1006. Renee Gledhill-Earley, North Carolina Department of Cultural Resources, 4617 Mail Service Center, Raleigh, NC 27699-4617. Eastern Band of Cherokee Indians, Attention: Tyler Howe, Qualla Boundary, P.O. Box 455, Cherokee, NC 28719. Any person on the official service list for the above-captioned proceeding may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. In a request for inclusion, please identify the reason(s) why there is an interest to be included. Also please identify any concerns about historic properties, including Traditional Cultural Properties. If historic properties are to be identified within the motion, please use a separate page, and label it NON-PUBLIC Information. An original and 8 copies of any such motion must be filed with Magalie Salas, the Secretary of the Commission (888 First Street, NE., Washington, DC 20426) and must be served on each person whose name appears on the official service list. Please put the project name “Dillsboro Project” and number “P-2602-007” on the front cover of any motion. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15 day period. Magalie Salas, Secretary. [FR Doc. E6-7696 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 2686-032 and 2601-007—North Carolina] Duke Power Company LLC; West Fork and Bryson Hydroelectric Projects; Notice of Proposed Restricted Service List for a Programmatic Agreement for Managing Properties Included in or Eligible for Inclusion in the National Register of Historic Places May 12, 2006. Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding. 1 The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established. 1 18 CFR 385.2010. The Commission staff is consulting with the North Carolina State Historic Preservation Officer (hereinafter, SHPO) and the Advisory Council on Historic Preservation (hereinafter, Council) pursuant to the Council's regulations, 36 CFR part 800, implementing section 106 of the National Historic Preservation Act, *as amended,* (16 U.S.C. 470 f), to prepare and execute two programmatic agreements for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at the West Fork Hydroelectric Project No. 2686-032 (SHPO Reference Number ER03-2382) and at the Bryson Hydroelectric Project No. 2601-007 (SHPO Reference Number ER03-0340). The programmatic agreements, when executed by the Commission and the SHPO would satisfy the Commission's section 106 responsibilities for all individual undertakings carried out in accordance with each license until each license expires or is terminated (36 CFR 800.13[e]). The Commission's responsibilities pursuant to section 106 for the West Fork and Bryson Projects would be fulfilled through the execution of a programmatic agreement for each project, which the Commission proposes to draft in consultation with certain parties listed below. The executed programmatic agreement for each project would be incorporated into any Order issuing a license for the respective project. Duke Power Company LLC, as licensee for Project Nos. 2686 and 2601, and the Eastern Band of Cherokee Indians have expressed an interest in these proceedings and are invited to participate in consultations to develop the programmatic agreements. For purposes of commenting on the programmatic agreement, we propose to restrict the service list for the aforementioned project as follows: Don Klima or Representative, Advisory Council on Historic Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004. Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail Code EC12Y, Charlotte, NC 28201-1006. Renee Gledhill-Earley, North Carolina Department of Cultural Resources, 4617 Mail Service Center, Raleigh, NC 27699-4617. Eastern Band of Cherokee Indians, Attention: Tyler Howe, Qualla Boundary, P.O. Box 455, Cherokee, NC 28719. Any person on the official service list for the above-captioned proceeding may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. In a request for inclusion, please identify the reason(s) why there is an interest to be included. Also please identify any concerns about historic properties, including Traditional Cultural Properties. If historic properties are to be identified within the motion, please use a separate page, and label it NON-PUBLIC Information. An original and 8 copies of any such motion must be filed with Magalie Salas, the Secretary of the Commission (888 First Street, NE., Washington, DC 20426) and must be served on each person whose name appears on the official service list. Please put the project names “West Fork Project” and “Bryson Project” and numbers “P-2686-032” and “P-2601-007” on the front cover of any motion. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15 day period. Magalie Salas, Secretary. [FR Doc. E6-7697 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2698-033—North Carolina] Duke Power Company LLC; East Fork Hydroelectric Project; Notice of Proposed Restricted Service List for a Programmatic Agreement for Managing Properties Included in or Eligible for Inclusion in the National Register of Historic Places May 12, 2006. Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding. 1 The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established. 1 18 CFR 385.2010. The Commission staff is consulting with the North Carolina State Historic Preservation Officer (hereinafter, SHPO) and the Advisory Council on Historic Preservation (hereinafter, Council) pursuant to the Council's regulations, 36 CFR part 800, implementing section 106 of the National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to prepare and execute a programmatic agreement for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at the East Fork Hydroelectric Project No. 2698-033 (SHPO Reference Number ER03-2382). The programmatic agreement, when executed by the Commission and the SHPO would satisfy the Commission's section 106 responsibilities for all individual undertakings carried out in accordance with the license until the license expires or is terminated (36 CFR 800.13(e)). The Commission's responsibilities pursuant to section 106 for the East Fork Project would be fulfilled through the programmatic agreement, which the Commission proposes to draft in consultation with certain parties listed below. The executed programmatic agreement would be incorporated into any Order issuing a license. Duke Power Company LLC, as licensee for Project No. 2698, the United States Forest Service, and the Eastern Band of Cherokee Indians have expressed an interest in this preceding and are invited to participate in consultations to develop the programmatic agreement. For purposes of commenting on the programmatic agreement, we propose to restrict the service list for the aforementioned project as follows: Don Klima or Representative, Advisory Council on Historic, Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004. Jennifer Huff or Representative, Duke Power, P.O. Box 1006, Mail Code EC12Y, Charlotte, NC 28201-1006. Renee Gledhill-Earley, North Carolina Department of Cultural Resources, 4617 Mail Service Center, Raleigh, NC 27699-4617. Eastern Band of Cherokee Indians, Attention: Tyler Howe, Qualla Boundary, P.O. Box 455, Cherokee, NC 28719. Rodney Snedecker, United States Forest Service, P.O. Box 2750, Ashville, NC 28802. Any person on the official service list for the above-captioned proceeding may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. In a request for inclusion, please identify the reason(s) why there is an interest to be included. Also please identify any concerns about historic properties, including Traditional Cultural Properties. If historic properties are to be identified within the motion, please use a separate page, and label it NON-PUBLIC Information. An original and 8 copies of any such motion must be filed with Magalie Salas, the Secretary of the Commission (888 First Street, NE., Washington, DC 20426) and must be served on each person whose name appears on the official service list. Please put the project name “East Fork Project” and number “P-2698-033” on the front cover of any motion. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15 day period. Magalie Salas, Secretary. [FR Doc. E6-7699 Filed 5-19-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8172-8] Establishment of the Coastal Elevations and Sea Level Rise Advisory Committee AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; establishment of advisory committee. SUMMARY: As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is establishing the Coastal Elevations and Sea Level Rise Advisory Committee (CESLAC). The purpose of this Committee is to provide advice on the conduct of a study titled *Coastal Elevations and Sensitivity to Sea Level Rise* to be conducted as part of the U.S. Climate Change Science Program (CCSP). It is part of a comprehensive assessment of issues identified by the CCSP's *Strategic Plan for the Climate Change Science Program* . CESLAC will advise on the specific issues which should be addressed in the assessment, appropriate technical approaches, the nature of information relevant to decision makers, the content of the assessment report, and other scientific and technical matters that may be found to be important to the successful completion of the study. EPA has determined that this advisory committee is in the public interest and will assist the Agency in performing its duties under the Clean Water Act, Clean Air Act and the Global Climate Protection Act. Balanced membership will be achieved by including individuals from the Federal Government, State and/or local governments, the scientific community, non-governmental organizations and the private sector with expertise, experience, knowledge and interests essential to, or affected by, the successful completion of the study titled Coastal Elevations and Sensitivity to Sea Level Rise. Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress. FOR FURTHER INFORMATION CONTACT: Jack Fitzgerald (6207J), Climate Change Division, Office of Atmospheric Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)343-9336; e-mail address: *Fitzgerald.jack@epa.gov* . Dated: March 20, 2006. William L. Wehrum, Acting Assistant Administrator, Office of Air and Radiation. [FR Doc. E6-7757 Filed 5-19-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8172-9] Draft Grant Guidelines for States and Draft Tribal Strategy; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005 AGENCY: Environmental Protection Agency. ACTION: Notice of availability. SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks

(OUST)is advising the public of the future availability of draft grant guidelines EPA is developing to help states comply with requirements for receiving funding under Subtitle I of the Solid Waste Disposal Act as established in Title XV, Subtitle B of the Energy Policy Act of 2005. EPA is asking the public to comment on the guidelines as they become available. EPA also is advising the public of the future availability of a draft tribal strategy to implement section 1529 of the Energy Policy Act of 2005, and asking for public comment as it becomes available. EPA encourages interested stakeholders to regularly check EPA's Web site at: *http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts* where we will post the draft guidelines and draft tribal strategy as they become available over the next three months. You also may send an e-mail to *OUST_Energy_Policy_Act_Email_List@epa.gov* requesting that we notify you when the drafts are posted on EPA's Web site. DATES: The draft guidelines and draft tribal strategy will become available between May 22, 2006 and August 1, 2006. ADDRESSES: EPA will post the draft guidelines and draft tribal strategy on our web site at: *http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts* as they become available over the next three months. You also may send an e-mail to *OUST_Energy_Policy_Act_Email_List@epa.gov* requesting that we notify you when the drafts are posted on EPA's Web site. After the draft guidelines and tribal strategy are posted on EPA's Web site, paper copies will be available from the National Service Center for Environmental Publications (NSCEP), EPA's publications distribution warehouse upon request. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 513-489-8695. FOR FURTHER INFORMATION CONTACT: The EPA's Office of Underground Storage Tanks,

(703)603-9900. SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled the Underground Storage Tank Compliance Act of 2005, contains amendments to Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank

(UST)program. This is the first Federal legislative change for the UST program since its inception over 20 years ago. The UST provisions of the new law focus on preventing tank releases, will significantly affect federal and state underground storage tank programs, and will require major changes to the programs. Among other things, the UST provisions of the Energy Policy Act require that states receiving funding under Subtitle I comply with certain requirements contained in the law. OUST is working with its partners to develop grant guidelines which EPA regional tank programs will incorporate into states' grant agreements. The guidelines will provide states with specific requirements, based on the UST provisions of the Energy Policy Act, for their state underground storage tank programs. To implement the new law, OUST, EPA regions, and states are working closely with tribes, other federal agencies, tank owners and operators, UST equipment industry, and other stakeholders to bring about the mandated changes affecting underground storage tank programs. Over the next few months, EPA will issue individual draft grant guidelines that contain information on requirements, as provided for in the UST provisions of the Energy Policy Act, such as: Fuel delivery prohibition; secondary containment; financial responsibility for tank installers and manufacturers; public record; and inspections. In addition, the UST provisions of the Energy Policy Act require that EPA, in coordination with Indian tribes, develop and implement a strategy for implementing the UST program in Indian country. The UST provisions of the Energy Policy Act require EPA implement some of the provisions by August 2006; other provisions will need to be implemented in subsequent years. Once the guidelines are issued and become effective, EPA regions will incorporate the guidelines in grant agreements between EPA and states. States receiving funds from EPA for their underground storage tank programs must comply with the UST provisions of the Energy Policy Act and will be subject to action by EPA under 40 CFR 31.43 if they fail to comply with the guidelines. The Agency is providing the public with an opportunity to comment on these draft grant guidelines and draft tribal strategy by following the process specified below. As provided in 5 U.S.C. 553(a)(2), the grant guidelines are exempt from the notice and comment rule-making procedures. Consequently, EPA will not establish a public docket for comments and may not issue separate responses to comments when it issues the final guidelines and tribal strategy. EPA encourages interested stakeholders to regularly check EPA's Web site at: *http://www.epa.gov/oust/fedlaws/epact_05.htm#Drafts* where we will post the draft guidelines and draft tribal strategy as they become available over the next three months. You may also send an e-mail to *OUST_Energy_Policy_Act_Email_List@epa.gov* requesting that we notify you when the drafts are posted on EPA's Web site. As each draft guideline and tribal strategy is posted on EPA's Web site, we will accept comments on each for 30 days. EPA's Web site will provide information about document availability and specific public comment periods. You may submit comments by e-mail, facsimile, or mail as described on EPA's Web site. After the draft guidelines and strategy are posted on EPA's Web site, paper copies will be available from NSCEP, EPA's publications distribution warehouse upon request. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 513-489-8695. After considering public comments, EPA will issue final grant guidelines which EPA regions will incorporate into states' grant agreements. EPA will also solicit comments on a draft strategy about tanks in Indian country and, after considering public comments, will issue a final strategy about tanks in Indian country. Dated: May 16, 2006. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E6-7758 Filed 5-19-06; 8:45 am] BILLING CODE 6560-50-P EXPORT-IMPORT BANK Notice of Open Special Meeting of the Advisory Committee of the Export-Import Bank of the United States (Ex-Im Bank) *Summary:* The Advisory Committee was established by Pub. L. 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide comments for inclusion in the reports of the Export-Import Bank of the United States to Congress. *Time and Place:* Wednesday, June 7, 2006, from 9:30 a.m. to 12 p.m. The meeting will be held at Ex-Im Bank in the Main Conference Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. *Agenda:* This meeting will focus on the Congressionally mandated Competitiveness Report which focuses on how Ex-Im Bank's programs compare with their major G-7 ECA counterparts during 2005, as well as identifying certain related emerging issues. *Public Participation:* The meeting will be open to public participation, and the last 10 minutes will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If you plan to attend, a photo ID must be presented at the guard's desk as part of the clearance process into the building, and you may contact Teri Stumpf to be placed on an attendee list. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please contact, prior to June 1, 2006, Terri Stumpf, Room 1203, 811 Vermont Avenue, NW., Washington, DC 20571, Voice:

(202)565-3502 or TDD

(202)565-3377. *Further Information:* For further information, contact Teri Stumpf, Room 1203, 811 Vermont Ave., NW., Washington, DC 20571,

(202)565-3502. Howard A. Schweitzer, Acting General Counsel. [FR Doc. 06-4707 Filed 5-19-06; 8:45 am]

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