Notices. Notice

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BILLING CODE 4184-01-M DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1644-DR] Maine; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Maine (FEMA-1644-DR), dated May 25, 2006, and related determinations. DATES: *Effective Date:* May 25, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 25, 2006, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Maine resulting from severe storms and flooding beginning on May 13, 2006, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Maine. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance, Public Assistance, and Hazard Mitigation in the designated areas. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance, Hazard Mitigation, and Other Needs Assistance will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Acting Director, under Executive Order 12148, as amended, Kenneth Clark, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of Maine to have been affected adversely by this declared major disaster: York County for Individual Assistance and Public Assistance. York County in the State of Maine is eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program) R. David Paulison, Acting Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9055 Filed 6-9-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1642-DR] Massachusetts; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Massachusetts (FEMA-1642-DR), dated May 25, 2006, and related determinations. DATES: *Effective Date:* May 25, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 25, 2006, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the Commonwealth of Massachusetts resulting from severe storms and flooding beginning on May 12, 2006, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the Commonwealth of Massachusetts. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas, as well as Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act you may deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. If Public Assistance is later requested and warranted, Federal funds provided under that program will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Acting Director, under Executive Order 12148, as amended, Elizabeth Turner, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the Commonwealth of Massachusetts to have been affected adversely by this declared major disaster: Essex, Middlesex, and Suffolk Counties for Individual Assistance. All counties within the Commonwealth of Massachusetts are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Acting Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9054 Filed 6-9-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1643-DR] New Hampshire; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of New Hampshire (FEMA-1643-DR), dated May 25, 2006, and related determinations. DATES: *Effective Date:* May 25, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 25, 2006, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of New Hampshire resulting from severe storms and flooding beginning on May 12, 2006, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of New Hampshire. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas, as well as Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act you may deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. If Public Assistance is later requested and warranted, Federal funds provided under that program will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Acting Director, under Executive Order 12148, as amended, Kenneth Clark, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of New Hampshire to have been affected adversely by this declared major disaster: Belknap, Carroll, Hillsborough, Merrimack, Rockingham, and Strafford Counties for Individual Assistance. All counties within the State of New Hampshire are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Acting Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9053 Filed 6-9-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1643-DR] New Hampshire; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA-1643-DR), dated May 25, 2006, and related determinations. DATES: *Effective Date:* May 31, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of New Hampshire is hereby amended to include the Public Assistance Program for the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 25, 2006: Belknap, Carroll, Hillsborough, Merrimack, Rockingham, and Strafford Counties for Public Assistance (already designated for Individual Assistance). (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Acting Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9056 Filed 6-9-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1641-DR] Washington; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Washington (FEMA-1641-DR), dated May 17, 2006, and related determinations. DATES: *Effective Date:* May 17, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 17, 2006, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Washington resulting from severe storms, flooding, tidal surge, landslides, and mudslides during the period of January 27 to February 4, 2006, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Washington. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act you may deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. If Other Needs Assistance under section 408 of the Stafford Act is later requested and warranted, Federal funding under that program will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Acting Director, under Executive Order 12148, as amended, Lee Champagne, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of Washington to have been affected adversely by this declared major disaster: Clallam, Grays Harbor, Island, Jefferson, Kitsap, Mason, Pacific, Pend Oreille, San Juan, Snohomish, and Wahkiakum Counties for Public Assistance. All counties within the State of Washington are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Acting Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-9052 Filed 6-9-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5037-N-33] HOME Investment Partnerships Program AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information describes the eligibility of HOME Investment Partnerships Program

(HOME)beneficiaries, the eligibility of proposed HOME activities, HOME program agreements, and HOME performance reports. The data identifies who benefits from the HOME program and how statutory and regulatory requirements are satisfied. The respondents are State and local government HOME participating jurisdiction. DATES: *Comments Due Date:* July 12, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506-0171) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(HOME)beneficiaries, the eligibility of proposed HOME activities, HOME program agreements, and HOME performance reports. The data identifies who benefits from the HOME program and how statutory and regulatory requirements, are satisfied. The respondents are state and local government HOME participating jurisdictions. *Frequency of Submission:* On occasion, Annually. <P><E T='03'>Reporting Burden:</E> Number of respondents Annual responses × Hours per response = Burden hours 6,671 36.8 2.12 522,103 *Total Estimated Burden Hours:* 522,103. *Status:* Revision of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: June 6, 2006. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E6-9122 Filed 6-9-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5037-N-34] Public Housing Financial Management Template AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Public Housing Assessment System requires public housing agencies to submit financial information annually to HUD. The Uniform Financial Reporting Standards for HUD housing programs requires that this information be submitted electronically, using GAAP, in a prescribed format. Electronic submission of the annual unaudited financial information and the audited financial information requires the use of a template. DATES: *Comments Due Date:* July 12, 2006. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2535-0107) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at Lillian_L_Deitzer@HUD.gov or telephone

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Public Housing Financial Management Template. *OMB Approval Number:* 2535-0107. *Form Numbers:* None. *Description of the Need for the Information and Its Proposed Use:* The Public Housing Assessment System requires public housing agencies to submit financial information annually to HUD. The Uniform Financial Reporting Standards for HUD housing programs requires that this information be submitted electronically, using GAAP, in a prescribed format. Electronic submission of the annual unaudited financial information requires the use of a template. *Frequency of Submission:* Annually. *Reporting Burden:* Number of respondents Annual responses × Hours per response = Burden hours 4,238 1.83 5.0 38,864 *Total Estimated Burden Hours:* 38,864. *Status:* Revision of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: June 6, 2006. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E6-9123 Filed 6-9-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits for endangered species. SUMMARY: The following permits were issued. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), the Fish and Wildlife Service issued the requested permit(s) subject to certain conditions set forth therein. For each permit for an endangered species, the Service found that

(1)The application was filed in good faith,

(2)the granted permit would not operate to the disadvantage of the endangered species, and

(3)the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Endangered Species Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 111974 Danny M. Vines 70 FR 13416; March 15, 2006 April 17, 2006 761887 American Museum of Natural History 71 FR 10701; March 2, 2006 April 14, 2006 Dated: May 5, 2006. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6-9048 Filed 6-9-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species. DATES: Written data, comments or requests must be received by July 12, 2006. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). Applicant: George T. Markou, Mt. Arlington, NJ, PRT-124778 The applicant requests a permit to import the sport-hunted trophy of one male scimitar-horned oryx ( *Oryx dammah* ) culled from a captive herd in the Republic of South Africa, for the purpose of enhancement of the survival of the species. Dated: May 5, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6-9049 Filed 6-9-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Post Ranch Inn Habitat Conservation Plan, Monterey County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The Post Ranch Limited Partnership (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The proposed permit would authorize take of the federally endangered Smith's blue butterfly ( *Euphilotes enoptes smithi* ) and federally threatened California red-legged frog ( *Rana aurora draytonii* ) incidental to otherwise lawful activities associated with the expansion and operation of an existing inn, which would remove 0.003 acre of Smith's blue butterfly habitat and 0.826 acre of California red-legged frog upland habitat within a 91.98 acre parcel in Big Sur, Monterey County, California. We invite comments from the public on the permit application, which is available for review. The application includes a Habitat Conservation Plan (HCP), that fully describes the proposed project and the measures that the applicant would undertake to minimize and mitigate anticipated take of the Smith's blue butterfly and California red-legged frog, as required in section 10(a)(2)(B) of the Act. We also invite comments on our preliminary determination that the HCP qualifies as a “low-effect” plan, eligible for a categorical exclusion under the National Environmental Policy Act. We explain the basis for this possible determination in a draft Environmental Action Statement, which is also available for public review. DATES: Written comments must be received no later than July 12, 2006. ADDRESSES: Written comments should be addressed to Diane Noda, Field Supervisor, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, California 93003. Comments may also be sent by facsimile to

(805)644-3958. FOR FURTHER INFORMATION CONTACT: Jacob Martin, Fish and Wildlife Biologist, at the above address or by calling

(805)644-1766. SUPPLEMENTARY INFORMATION: Document Availability Please contact the Ventura Fish and Wildlife Office (see ADDRESSES ) if you would like copies of the application, HCP, and Environmental Action Statement. Documents will also be available for review by appointment, during normal business hours, at the Ventura Fish and Wildlife Office (see ADDRESSES ) or via the Internet at *http://www.fws.gov/ventura.* Background Section 9 of the Act and Federal regulations prohibit the “take” of fish or wildlife species listed as endangered or threatened, respectively. Take of listed fish or wildlife is defined under the Act to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. However, the Service, under limited circumstances, may issue permits to cover incidental take, *i.e.,* take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found at 50 CFR 17.32 and 17.22, respectively. Among other criteria, issuance of such permits must not jeopardize the existence of federally listed fish, wildlife, or plants. The Post Ranch Inn is located on a 91.98 acre parcel between California Highway 1 and the Pacific Ocean, approximately 1 mile south of Pfeiffer Big Sur State Park, in Big Sur, Monterey County, California. The applicant proposes to construct additional facilities within the existing inn complex, including new inn units, new yoga/spa buildings, a central services facility, employee housing, and a maintenance/shop building. Expansion activities, including disturbance due to construction, construction staging, and fuels management, would occur within 5.136 acres. Approximately 72 percent (3.701 of 5.136 acres) of the disturbance would occur within areas that are already developed, landscaped, or dominated by invasive plants. Thirteen plant communities occur within the 91.98 acre site, including California sagebrush ( *Artemesia californica* ) scrub, coyote brush ( *Baccharis* spp.) scrub, broom ( *Genista* spp.) scrub, coastal terrace prairie, California oatgrass ( *Danthonia californica* ) bunchgrass ( *Nassella* spp. and *Festuca* spp.) grassland, California annual grassland, sedge seep, freshwater marsh, pondweed ( *Potamogeton nodosus* ) with floating leaves wetland, arroyo willow ( *Salix lasiolepis* ) riparian forest, California sycamore ( *Platanus racemosa* ) woodland, and coast live oak ( *Quercus agrifolia* ) forest. Disturbed areas also exist at the site, such as the existing roads, buildings, parking, and landscaped areas. There are areas of California sagebrush scrub and California annual grassland in the southwestern portion of the Post Ranch Inn property that include seacliff buckwheat ( *Eriogonum parvifolium* ), a food plant used by all life stages of the Smith's blue butterfly. Surveys in July of 2000 indicated that these areas are occupied by the Smith's blue butterfly. The proposed expansion would remove a small area (0.003 acre) of California sagebrush scrub habitat that either currently contains or could be easily colonized by adjacent seacliff buckwheat. This removal could result in take of Smith's blue butterflies. Additional seacliff buckwheat plants may be removed due to management activities, including clearance of fire breaks, invasive plant removal, and habitat restoration and enhancement. There is also a pond in the central portion of the Post Ranch Inn property. Ongoing surveys, which began in 2000, have demonstrated that this pond is occupied by California red-legged frogs. Up to 52 adult and subadult California red-legged frogs have been observed per survey. Expansion activities would not occur within the pond, but would impact 0.826 acre of upland habitat expected to be used by California red-legged frogs. Due to presence of the Smith's blue butterfly and California red-legged frog and expected impacts on their habitat, the Service concluded that the proposed expansion would likely result in take of these species and recommended that the applicant apply for an incidental take permit. The applicant proposes to implement measures to minimize and mitigate for take of the Smith's blue butterfly and California red-legged frog within the project site. Specifically, they propose to:

(1)Protect in perpetuity 36.1 acres within the Post Ranch Inn parcel via a conservation easement;

(2)provide funding for monitoring of the easement area in perpetuity;

(3)improve existing habitat by removing invasive plants and establishing at least 200 mature seacliff buckwheat plants within the easement area;

(4)remove invasive species, including bullfrogs ( *Rana catesbeiana* ), mosquitofish ( *Gambusia affinis* ), and crayfish ( *Pacifastacus* spp.) from the on-site pond; and

(5)undertake various measures (including fencing of construction areas and providing a biological monitor) during grading and construction activities at the project site to minimize impacts to both listed species and their habitats. The Service's proposed action is to issue an incidental take permit to the applicant who would then implement the HCP. The HCP includes measures to minimize and mitigate impacts of the project on the Smith's blue butterfly and California red-legged frog. Two alternatives to the taking of listed species under the proposed action are considered in the HCP. Under the No-Action alternative, the proposed expansion would not occur and the HCP would not be implemented. This would avoid the immediate effects of habitat removal on the Smith's blue butterfly and California red-legged frog. However, without the HCP, habitat for the Smith's blue butterfly and California red-legged frog on the project site likely would decline as a result of threats from invasive plants and animals. This alternative would also result in an unnecessary economic burden on the applicant. Under the Redesigned Project alternative, the development footprint for the project would be reduced or relocated to another portion of the site, thus reducing or altering the area of impacted habitat for the Smith's blue butterfly and California red-legged frog. Alternate locations for new construction are limited within the Post Ranch Inn parcel due to the presence of steep slopes, an existing scenic easement on the east side of the parcel, and a desire to avoid removal of native trees. These constraints leave only areas of annual grassland and an existing orchard as alternate construction sites. Use of these sites could potentially reduce the amount of Smith's blue butterfly and California red-legged frog habitat impacted, but would also require extension of roads, which would partially offset any improvements achieved through the relocation. Given the small amount of Smith's blue butterfly and California red-legged frog habitat that would be removed by the proposed expansion (0.003 acre and 0.826 acre, respectively), a reduction in the development envelope would not substantially improve post-project conditions for the Smith's blue butterfly and California red-legged frog on the site. Construction and on-going use of the site would still affect both species, even if the proposed expansion were reduced in size. Due to the constraints on alternate construction locations and the already small amount of listed species' habitat impacted by the project as proposed, we do not expect that relocation or reduction of the proposed construction would substantially benefit the Smith's blue butterfly or California red-legged frog. This alternative would also result in an unnecessary economic burden on the applicant. The Service has made a preliminary determination that the HCP qualifies as a “low-effect” plan as defined by our Habitat Conservation Planning Handbook (November 1996). Our determination that a habitat conservation plan qualifies as a low-effect plan is based on the following three criteria:

(1)Implementation of the plan would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;

(2)implementation of the plan would result in minor or negligible effects on other environmental values or resources; and

(3)impacts of the plan, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. As more fully explained in our Environmental Action Statement, the applicant's proposal to expand the Post Ranch Inn qualifies as a “low-effect” plan for the following reasons:

(1)Approval of the HCP would result in minor or negligible effects on the Smith's blue butterfly and California red-legged frog and their habitats. The Service does not anticipate significant direct or cumulative effects to the Smith's blue butterfly or California red- legged frog resulting from the proposed development of the project site.

(2)Approval of the HCP would not have adverse effects on unique geographic, historic or cultural sites, or involve unique or unknown environmental risks.

(3)Approval of the HCP would not result in any cumulative or growth-inducing impacts and would not result in significant adverse effects on public health or safety.

(4)The project does not require compliance with Executive Order 11988 (Floodplain Management), Executive Order 11990 (Protection of Wetlands), or the Fish and Wildlife Coordination Act, nor does it threaten to violate a Federal, State, local or tribal law or requirement imposed for the protection of the environment.

(5)Approval of the HCP would not establish a precedent for future actions or represent a decision in principle about future actions with potentially significant environmental effects. The Service therefore has made a preliminary determination that approval of the HCP qualifies as a categorical exclusion under the National Environmental Policy Act, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based upon this preliminary determination, we do not intend to prepare further National Environmental Policy Act documentation. The Service will consider public comments in making its final determination on whether to prepare such additional documentation. The Service provides this notice pursuant to section 10(c) of the Endangered Species Act. We will evaluate the permit application, the HCP, and comments submitted thereon to determine whether the application meets the requirements of section 10

(a)of the Act. If the requirements are met, the Service will issue a permit to the applicant. We will make the final permit decision no sooner than 30 after the date of publication of this notice. Dated: June 6, 2006. Diane K. Noda, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. E6-9066 Filed 6-9-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Red Rock Lakes National Wildlife Refuge, Lima, MT AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: This notice advises that the U.S. Fish and Wildlife Service (Service) intends to gather information necessary to prepare a Comprehensive Conservation Plan

(CCP)and associated environmental documents for Red Rock Lakes National Wildlife Refuge

(NWR)in Lima, Montana. The Service is furnishing this notice in compliance with Service CCP policy to advise other agencies and the public of its intentions, and to obtain suggestions and information on the scope of issues to be considered in the planning process. DATES: Written comments must be received by July 12, 2006. ADDRESSES: Comments and requests for more information regarding Red Rock Lakes NWR should be sent to Laura King, Planning Team Leader, Tewaukon NWR, Division of Refuge Planning, 9754 143 1/2 Avenue, SE., Cayuga, North Dakota 58013-9764. FOR FURTHER INFORMATION CONTACT: Laura King, 701-724-3598, or Linda Kelly at 303-236-8132. SUPPLEMENTARY INFORMATION: The Service has initiated a CCP for Red Rock Lakes NWR for the conservation and enhancement of its natural resources. Red Rock Lakes NWR has six establishing purposes:

(1)“as a refuge and breeding ground for wild birds and animals” (Executive Order 7023, dated April 22, 1935);

(2)“for use as an inviolate sanctuary, or for any other management purpose, for migratory birds” (16 U.S.C. 715d [Migratory Bird Conservation Act]);

(3)“for

(a)incidental fish and wildlife-oriented recreational development,

(b)the protection of natural resources, [and]

(c)the conservation of endangered species or threatened species” (16 U.S.C. 460k-1), “the Secretary * * * may accept and use * * * real* * * property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors.” (16 U.S.C. 460k-2 (Refuge Recreation Act [16 U.S.C. 460k-460k-4], as amended));

(4)“the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to help fulfill international obligations contained in various migratory bird treaties and conventions” (16 U.S.C. 3901(b) [Emergency Wetlands Resources Act of 1986]);

(5)“for the development, advancement, management, conservation, and protection of fish and wildlife resources” (16 U.S.C. 742f(a)(4)), “for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude.” (16 U.S.C. 742f(b)(1) [Fish and Wildlife Act of 1956]);

(6)“conservation, management, and restoration of the fish, wildlife, and plant resources and their habitats for the benefit of present and future generations of Americans” (16 U.S.C. 668dd(a)(2) [National Wildlife Refuge System Administration Act]). This Refuge encompasses 58,326 acres, of which 32,350 are designated as wilderness. The Refuge lies in the high-elevation Centennial Valley and contains primarily wetland and riparian habitats. This minimally altered natural and diverse habitat provides for species such as trumpeter swans, moose, sandhill cranes, curlews, peregrine falcons, eagles, numerous hawks and owls, badgers, wolverines, bears, pronghorn, and wolves (in the backcountry). Native fish such as Arctic grayling and west-slope cutthroat trout occur in Refuge waters. During the comprehensive planning process, management goals, objectives, and strategies will be developed to carry out the purposes of the Refuge, and to comply with laws and policies governing refuge management and public use of the Refuge. The Service requests input as to which issues affecting management or public use should be addressed during the planning process. The Service is especially interested in receiving public input in the following areas:

(a)What do you value most about this Refuge?

(b)What problems or issues do you see affecting management of this Refuge?

(c)What changes, if any, would you like to see in the management of this Refuge? The Service has provided the above questions for your optional use. The Service has no requirement that you provide information; however, any comments received by the Planning Team will be used as part of the planning process. Opportunities for public input will also be provided at a public meeting to be scheduled for early summer 2006. Exact dates and times for these public meetings are yet to be determined, but will be announced via local media and a newsletter. All information provided voluntarily by mail, phone, or at public meetings ( *e.g.* , names, addresses, letters of comment, input recorded during meetings) becomes part of the official public record. If requested under the Freedom of Information Act by a private citizen or organization, the Service may provide copies of such information. The environmental review of this project will be conducted in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ); NEPA Regulations (40 CFR 1500-1508); other appropriate Federal laws and regulations; Executive Order 12996; the National Wildlife Refuge System Improvement Act of 1997; and Service policies and procedures for compliance with those laws and regulations. Dated: May 5, 2006. James J. Slack, Deputy Regional Director, Region 6, Denver, CO. [FR Doc. E6-9068 Filed 6-9-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AK-964-1410-HY-P; F-14915-A, F-14915-A2] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Ohog Incorporated for lands in the vicinity of Ohogamiut, Alaska, and located in: Lot 6, U.S. Survey No. 11028, Alaska. Containing 0.78 acres. Seward Meridian, Alaska T. 16 N., R. 69 W., Secs. 18 to 21, inclusive; Secs. 28 to 33, inclusive. Containing 4,753.82 acres. T. 16 N., R. 70 W., Secs. 23 and 24. Containing 1,280 acres. T. 18 N., R. 70 W., Secs. 1, 11, 12, and 14. Containing 1,920 acres. Aggregating 7,954.60 acres. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until July 12, 2006 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7599. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device

(TTD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Eileen Ford, Land Law Examiner, Branch of Adjudication II. [FR Doc. E6-9037 Filed 6-9-06; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR [MT-922-06-1310-FI-P;MTM 85972] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease MTM 85972 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Per 30 U.S.C. 188(d), Sonalta Resources Inc. and Quicksilver Resources Inc. timely filed a petition for reinstatement of oil and gas lease MTM 85972, Stillwater County, Montana. The lessee paid the required rental accruing from the date of termination, January 1, 2006. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $10 per acre and 16 2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: • The original terms and conditions of the lease; • The increased rental of $10 per acre; • The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate; and • The $163 cost of publishing this Notice FOR FURTHER INFORMATION CONTACT: Karen L. Johnson, Chief, Fluids Adjudication Section, BLM Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-4669, 406-896-5098. Dated: June 5, 2006. Karen L. Johnson, Chief, Fluids Adjudication section. [FR Doc. E6-9041 Filed 6-9-06; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZA 31044-01] Public Land Order No. 7664; Withdrawal of National Forest System Land for the Diamond Rim Quartz Crystal Interpretive Area; Arizona. AGENCY: Bureau of Land Management, Interior. ACTION: Public Land Order. SUMMARY: This order withdraws 990 acres of National Forest System land from location and entry under the United States mining laws for 20 years to protect the Diamond Rim Quartz Crystal Interpretive Area. EFFECTIVE DATE: June 12, 2006. FOR FURTHER INFORMATION CONTACT: Angela Mogel, BLM Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona 85004-4427, 602-417-9536. Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: 1. Subject to valid existing rights, the following described National Forest System land is hereby withdrawn from location and entry under the United States mining laws, 30 U.S.C. Ch. 2 (2000), to protect the Diamond Rim Quartz Crystal Interpretive Area: Tonto National Forest Gila and Salt River Meridian T. 11 N., R. 11 E., Sec. 1, SW1/4; Sec. 12, W1/2 and W1/2E1/2; Sec. 13, NW1/4NW1/4NE1/4, NE1/4NW1/4, W1/2NW1/4, N1/2SE1/4NW1/4, and N1/2NW1/4SW1/4; Sec. 14, S1/2S1/2SW1/4NE1/4, SE1/2NE1/4, NE1/4SE1/4, W1/2SE1/4, and N1/2N1/2SE1/4SE1/4. The area described contains 990 acres in Gila County. 2. This withdrawal will expire 20 years from the effective date of this order unless, as a result of a review conducted before the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawal shall be extended. Dated: May 18, 2006. Mark Limbaugh, Assistant Secretary of the Interior. [FR Doc. E6-9042 Filed 6-9-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-050-5853-ES; N-80579] Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Clark County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management

(BLM)has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 10 acres of public land in Clark County, Nevada. The Crossroads Community Church proposes to use the land for a church and related facilities. DATES: Interested parties may submit comments regarding the proposed lease/conveyance or classification of the lands until July 27, 2006. ADDRESSES: Send written comments to the Field Manager, BLM Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada, 89130. FOR FURTHER INFORMATION CONTACT: Sharon DiPinto, Assistant Field Manager, Bureau of Land Management, Las Vegas Field Office, at

(702)515-5062. SUPPLEMENTARY INFORMATION: The following described public land in Clark County, Nevada, has been examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 et seq.), and is hereby classified accordingly: Mount Diablo Meridian, Nevada T. 22 S., R. 61 E., Sec. 33: SE 1/4 NE 1/4 SE 1/4 . Containing 10 acres, more or less. In accordance with the R&PP Act, the Crossroads Community Church filed an application for the above-described 10 acres of public land to be developed as a church and related facilities. These related facilities include a multipurpose building (a worship center, offices, classrooms, nursery, kitchen, restrooms, utility/storage rooms, and a lobby), sidewalks, landscaped areas, paved parking areas, daycare center, youth athletic fields, and off site improvements. Additional detailed information pertaining to this application, plan of development, and site plans is in case file N-80579 located in the BLM Las Vegas Field Office at the above address. Churches are a common applicant under the “public purposes” provision of the R&PP Act. The Crossroads Community Church is an Internal Revenue Service registered non-profit organization and is, therefore, a qualified applicant under the R&PP Act. The lease/conveyance is consistent with the Las Vegas Resource Management Plan dated October 5, 1998, and would be in the public interest. The lease/patent, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); and 2. All minerals together with the right to prospect for, mine, and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The lease/patent will also be subject to: 1. An easement in favor of Clark County for roads, public utilities, and flood control purposes; and 2. All valid existing rights documented on the official public land records at the time of lease/patent issuance. On June 12, 2006, the land described above will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease/conveyance under the R&PP Act, leasing under the mineral leasing laws, and disposals under the mineral material disposal laws. Comments *Classification Comments:* Interested parties may submit comments involving the suitability of the land for a church and related facilities. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching its classification decision, or any other factor not directly related to the suitability of the land for R&PP use. Any adverse comments will be reviewed by the State Director. In the absence of any adverse comments, the classification of the land described in this notice will become effective on August 11, 2006. The lands will not be available for lease/conveyance until after the classification becomes effective. Authority: 43 CFR part 2740. Sharon DiPinto, Assistant Field Manager, Division of Lands, Las Vegas, NV. [FR Doc. E6-9038 Filed 6-9-06; 8:45 am] BILLING CODE 4310-HC-P INTERNATIONAL TRADE COMMISSION Revised Access to the Law Library AGENCY: U.S. International Trade Commission. ACTION: Notice concerning revised access to the Law Library. SUMMARY: The United States International Trade Commission (Commission) is issuing this notice to advise the public that the agency's Law Library will no longer be open to walk-in customers, but will be accessible by providing advance notice by telephone after a period of renovation. DATES: The Law Library will be closed to the public during its renovation from June 12 through August 11, 2006. Members of the public will be able to gain access to the Law Library by providing advance notice to Law Library staff starting approximately August 14, 2006. ADDRESSES: The Commission's Law Library is located in suite 614, U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC 20436. FOR FURTHER INFORMATION CONTACT: Mr. Steven Kover, Law Librarian, or Ms. Maureen Bryant, Law Librarian, U.S. International Trade Commission, telephone 202-205-3287. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). SUPPLEMENTARY INFORMATION: Currently, the Commission's Law Library is open to walk-in customers. The Commission will shortly begin renovating the Law Library and adjacent areas to optimize the use of space. During the renovation period, which is expected to last from June 12, 2006 through August 11, 2006, the Law Library will be closed to the public. The Law Library staff will be available for telephonic consultation at 202-205-3287 during this time, but customers are advised that the staff will only be able to provide limited assistance. In conjunction with the renovation, the Commission has determined that security concerns dictate restricting access to the Law Library. As of approximately August 14, 2006, members of the public will be able to gain entry only by providing advance telephone notice to the Law Library staff. The change in Law Library access policy does not affect the Commission's Main Library/Knowledge Resources in suite 300 of the U.S. International Trade Commission Building. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9206 Filed 6-9-06; 8:45 am] BILLING CODE 7020-02-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Advisory Committee on the Records of Congress; Meeting AGENCY: National Archives and Records Administration. ACTION: Notice of meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, the National Archives and Records Administration

(NARA)announces a meeting of the Advisory Committee on the Records of Congress. The committee advises NARA on the full range of programs, policies, and plans for the Center for Legislative Archives in the Office of Records Services. DATES: June 12, 2006 from 10 a.m. to 11 a.m. ADDRESSES: The U.S. Capitol Building, Room H-137, Washington, DC. FOR FURTHER INFORMATION CONTACT: Richard H. Hunt, Director; Center for Legislative Archives;

(202)357-5350. SUPPLEMENTARY INFORMATION: Agenda Advisory Committee on the Records of Congress Fourth Report May Meeting of the Association of Centers for the Study of Congress Update on the Center for Legislative Archives Other current issues and new business The meeting is open to the public. This notice is published less than 15 calendar days before the meeting because of scheduling difficulties. Dated: June 6, 2006. Mary Ann Hadyka, Committee Management Officer. [FR Doc. E6-9149 Filed 6-9-06; 8:45 am] BILLING CODE 7515-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that six meetings of the Arts Advisory Panel to the National Council on the Arts will be held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending times are approximate): *Musical Theater (application review):* June 26-27, 2006 in Room 714. This meeting, from 9 a.m. to 5:30 p.m. on June 26th and from 9 a.m. to 12 p.m. on June 27th, will be closed. *Theater (application review):* June 27-30, 2006 in Room 714. This meeting, from 1 p.m. to 5:30 p.m. on May 31st, from 9 a.m. to 6 p.m. on June 1st, and from 9 a.m. to 1 p.m. on June 27th, from 9 a.m. to 5:30 p.m. on June 28th and June 29th, and from 9 a.m. to 3 p.m. on June 30th, will be closed. *Dance (application review):* July 17-21, 2006 in Room 716. This meeting, from 9 a.m. to 6 p.m. on July 17th, 18th, 19th, and 20th, and from 9 a.m. to 3:30 p.m. on July 21st, will be closed. *Presenting (application review):* July 24, 2006 in Room 716. This meeting, from 9 a.m. to 4 p.m., will be closed. *Design (application review):* July 25, 2006 in Room 716. This meeting, from 9 a.m. to 5:30 p.m., will be closed. *Presenting (application review):* July 25-28, 2006 in Room 716. A portion of this meeting, from 10:45 a.m. to 11:45 a.m. on July 28th, will be open to the public for policy discussion. The remainder of the meeting, from 9 a.m. to 5:30 p.m. on July 25th and 26th, from 9 a.m. to 5 p.m. on July 27th, and from 9 a.m. to 10:45 a.m. and from 11:45 a.m. to 1:45 p.m. on July 28th, will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of April 8, 2005, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Any person may observe meetings, or portions thereof, of advisory panels that are open to the public, and if time allows, may be permitted to participate in the panel's discussions at the discretion of the panel chairman. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202-682-5532, TDY-TDD 202-682-5496, at least seven

(7)days prior to the meeting. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202-682-5691. Dated: June 6, 2006. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E6-9045 Filed 6-9-06; 8:45 am] BILLING CODE 7537-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 40-8838-MLA; ASLBP No. 00-776-04-MLA] Atomic Safety and Licensing Board; In the Matter of U.S. Army (Jefferson Proving Ground Site); Notice (Notice of Opportunity To Make Oral or Written Limited Appearance Statements) June 6, 2006. Before Administrative Judges: Alan S. Rosenthal, Chairman, Dr. Paul B. Abramson, and Dr. Richard F. Cole. This proceeding involves the application submitted by the Department of the Army for an amendment to its NRC materials license (License No. SUB-1435). The amendment would authorize an alternate schedule for the submittal to the NRC Staff of a decommissioning plan for Licensee's Jefferson Proving Ground

(JPG)site located in Madison, Indiana. Such a plan is required because there is currently amassed on that site a considerable quantity of depleted uranium

(DU)munitions, the result of the Licensee's conduct, between 1984 and 1994 and under the auspices of the NRC materials license, of accuracy testing of DU tank penetration rounds. On February 2, 2006, this Atomic Safety and Licensing Board granted a petition to intervene and request for hearing filed by Save the Valley, Inc., and deferred any hearing pending the completion of the NRC Staff's technical review. LBP-06-06, 63 NRC 167, 185-86. On April 27, 2006, after completion of its technical review, the NRC Staff issued the requested license amendment. As a consequence, on May 1, the proceeding was restored to fully active status. Licensing Board Memorandum and Order (Scheduling Further Proceedings) (May 1, 2006) (unpublished). This Atomic Safety and Licensing Board hereby gives notice that, in accordance with 10 CFR 2.315(a), the Board will entertain oral limited appearance statements from members of the public in connection with this proceeding. A. Date, Time, and Location of Oral Limited Appearance Statement Session The session will be held on the following date at the specified location and time: *Date:* Tuesday July 18, 2006. *Time:* 6:30 p.m. to 8:30 p.m. *Location:* Madison-Jefferson County Public Library, 420 W. Main Street, Madison, Indiana 47250.

(812)265-2744. B. Participation Guidelines for Oral Limited Appearance Statements Any person not a party, or the representative of a party, to the proceeding will be permitted to make an oral statement setting forth his or her position on matters of concern relating to this proceeding. Although these statements do not constitute testimony or evidence, they nonetheless might help the Board and/or the parties in their consideration of the issues in this proceeding. Oral limited appearance statements will be entertained during the hours specified above, or such lesser time as might be necessary to accommodate the speakers who are present. 1 In this regard, if all scheduled and unscheduled speakers present at the session have made a presentation, the Licensing Board reserves the right to terminate the session before the ending time listed above. Any members of the public who wish to make an oral statement are advised to be present at the limited appearance session at precisely 6:30 p.m. The time allotted for each statement normally will be no more than five

(5)minutes, but may be further limited depending on the number of written requests to make an oral statement that are submitted in accordance with Section C below and/or the number of persons present at the designated time. 1 During the limited appearance session signs no larger than 18″ by 18″ will be permitted, but may not be attached to sticks, held up, or moved about in the room. C. Submitting a Request To Make an Oral Limited Appearance Statement Persons wishing to make an oral statement who have submitted a timely written request to do so will be given priority over those who have not filed such a request. To be considered timely, a written request to make an oral statement must either be mailed, faxed, or sent by e-mail so as to be received by 5 p.m. EDT on Friday, July 7, 2006. Written requests to make an oral statement should be submitted to: *Mail:* Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. *Fax:*

(301)415-1101 (verification

(301)415-1966). *E-mail: hearingdocket@nrc.gov.* In addition, using the same method of service, a copy of the written request to make an oral statement should be sent to the Chairman of this Licensing Board as follows: *Mail:* Administrative Judge Alan S. Rosenthal, c/o: Debra Wolf, Esq., Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. *Fax:*

(301)415-5599 (verification

(301)415-6094). *E-mail: daw1@nrc.gov.* D. Submitted Written Limited Appearance Statements A written limited appearance statement may be submitted to the Board regarding this proceeding at any time, either in lieu of or in addition to any oral statement. Such statements should be sent to the Office of the Secretary using the methods prescribed above, with a copy to the Licensing Board Chairman. E. Availability of Documentary Information Regarding the Proceeding Documents relating to this proceeding are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly available records component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* (Electronic Reading Room). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at

(800)397-4209 or

(301)415-4737, or by e-mail to *pdr@nrc.gov.* F. Scheduling Information Updates Any updated/revised scheduling information regarding the limited appearance session can be found on the NRC Web site at *http://www.nrc.gov/public-involve/public-meetings/index.cfm* or by calling

(800)368-5642, extension 5036, or

(301)415-5036. Dated June 6, 2006, in Rockville, Maryland. For the Atomic Safety and Licensing Board. 2 2 Copies of this Notice were sent this date by Internet electronic mail transmission to counsel for the parties. Alan S. Rosenthal, Chairman, Administrative Judge. [FR Doc. E6-9060 Filed 6-9-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-259] Tennessee Valley Authority; Browns Ferry Nuclear Plant, Unit 1; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission

(NRC)is considering issuance of an exemption from Title 10 of the *Code of Federal Regulations* (10 CFR) Section 50.54(o) and 10 CFR Part 50, Appendix J, for Facility Operating License No. DPR-33, issued to the Tennessee Valley Authority (TVA, the licensee) for operation of the Browns Ferry Nuclear Plant

(BFN)Unit 1, located in Limestone County, Alabama. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action would exempt the licensee from requirements to include main steam isolation valve

(MSIV)leakage in

(a)the overall integrated leakage rate test measurement required by Section III.A of Appendix J, Option B, and

(b)the sum of local leak rate test measurements required by Section III.B of Appendix J, Option B. The proposed action is in accordance with the licensee's application dated July 9, 2004. The Need for the Proposed Action The proposed action would reduce the frequency of MSIV rebuilds during outages that are required to achieve the leakage rates specified in the current Technical Specifications (TSs). Section 50.54(o) of 10 CFR part 50 requires that primary reactor containments for water-cooled power reactors be subject to the requirements of Appendix J to 10 CFR part 50. Appendix J specifies the leakage test requirements, schedules, and acceptance criteria for tests of the leak tight integrity of the primary reactor containment and systems and components that penetrate the containment. Option B, Section III.A requires that the overall integrated leak rate must not exceed the allowable leakage

(La)with margin, as specified in the TSs. The overall integrated leak rate, as specified in the 10 CFR part 50, Appendix J definitions, includes the contribution from MSIV leakage. By letter dated July 9, 2004, the licensee requested an exemption from Option B, Section III.A, requirements to permit exclusion of MSIV leakage from the overall integrated leak rate test measurement. Option B, Section III.B of 10 CFR part 50, Appendix J requires that the sum of the leakage rates of Type B and Type C local leak rate tests be less than the performance criterion

(La)with margin, as specified in the TSs. The licensee's July 9, 2004, letter also requested an exemption from this requirement, to permit exclusion of the MSIV contribution to the sum of the Type B and Type C tests. The above-cited requirements of Appendix J require that MSIV leakage measurements be grouped with the leakage measurements of other containment penetrations when containment leakage tests are performed. These requirements are inconsistent with the design of the Browns Ferry facility and the analytical models used to calculate the radiological consequences of design-basis accidents. At BFN, and similar facilities, the leakage from primary containment penetrations, under accident conditions, is collected and treated by the secondary containment system, or would bypass the secondary containment. However, the leakage from MSIVs is collected and treated via an Alternative Leakage Treatment

(ALT)path having different mitigation characteristics. In performing accident analyses, it is appropriate to group various leakage effluents according to the treatment they receive before being released to the environment ( *i.e.* , bypass leakage is grouped, leakage into secondary containment is grouped, and ALT leakage is grouped, with specific limits for each group defined in the TSs). The proposed exemption would permit ALT path leakage to be independently grouped with its unique leakage limits. Environmental Impacts of the Proposed Action The NRC staff has completed its safety evaluation of the proposed action and finds that the proposed exemption involves a slight increase in the total amount of radioactive effluent that may be released off site in the event of a design-basis accident. However, the calculated doses remain within the acceptance criteria of 10 CFR part 100 and Standard Review Plan Section 15, and there is no significant increase in occupational or public radiation exposure. The proposed action will not significantly increase the probability or consequences of accidents. The NRC staff, thus, concludes that granting the proposed exemption would result in no significant radiological environmental impact. The proposed action does not affect nonradiological plant effluents or historical sites, and has no other environmental impact. Therefore, there are no significant nonradiological impacts associated with the proposed exemption. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. The details of the staff's safety evaluation will be provided in the license amendment that will be issued as part of the letter to the licensee approving the license amendment. The proposed action will not significantly increase the probability or consequences of accidents. No changes are being made in the types of effluents that may be released off site. There is no significant increase in the amount of any effluent released off site. There is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential nonradiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect nonradiological plant effluents and has no other environmental impact. Therefore, there are no significant nonradiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the NRC staff considered denial of the proposed action ( *i.e.* , the “no-action” alternative). Denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources The action does not involve the use of any different resources than those previously considered in the Final Environmental Statement for the Browns Ferry Nuclear Plant dated September 1, 1972 for BFN Unit 1. Agencies and Persons Consulted In accordance with its stated policy, on May 4, 2006, the NRC staff consulted with the Alabama State official, Kirk Whatley of the Office of Radiological Control, regarding the environmental impact of the proposed action. The State official had no comments. Finding of No Significant Impact On the basis of the environmental assessment, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. For further details with respect to the proposed action, see the licensee's letter dated July 9, 2004. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference NRC staff by telephone at 1-800-397-4209 or 301-415-4737, or send an e-mail to *pdr@nrc.gov* . Dated at Rockville, Maryland, this 30th day of May 2006. For the Nuclear Regulatory Commission. Margaret H. Chernoff, Project Manager, Plant Licensing Branch II-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-9058 Filed 6-9-06; 8:45 am] BILLING CODE 7590-01-P PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Qualified Domestic Relations Orders Submitted to the PBGC AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of request for extension of OMB approval. SUMMARY: The Pension Benefit Guaranty Corporation (“PBGC”) is requesting that the Office of Management and Budget (“OMB”) approve a revision of a collection of information under the Paperwork Reduction Act. The information collection relates to qualified domestic relations orders submitted to the PBGC. This notice informs the public of the PBGC's request and solicits public comment on the collection of information. DATES: Comments should be submitted by July 12, 2006. ADDRESSES: Comments may be mailed to the Office of Information and Regulatory Affairs of the Office of Management and Budget, Attn: Desk Officer for Pension Benefit Guaranty Corporation, Washington, DC 20503. Copies of the request for extension (including the collection of information) may be obtained without charge by writing to the Disclosure Division of the Office of the General Counsel of PBGC at 1200 K Street, NW., 11th Floor, Washington, DC 20005-4026, or by visiting or calling (202-326-4040) the Disclosure Division during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.) FOR FURTHER INFORMATION CONTACT: Jo Amato Burns, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026, 202-326-4024. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: The PBGC is requesting that OMB extend its approval (with modifications) of the guidance and model language and forms contained in the PBGC booklet, *Divorce Orders & PBGC.* A defined benefit pension plan that does not have enough money to pay benefits may be terminated if the employer responsible for the plan faces severe financial difficulty, such as bankruptcy, and is unable to maintain the plan. In such an event, the PBGC becomes trustee of the plan and pays benefits, subject to legal limits, to plan participants and beneficiaries. The benefits of a pension plan participant generally may not be assigned or alienated. However, Title I of ERISA provides an exception for domestic relations orders that relate to child support, alimony payments, or the marital property rights of an alternate payee (a spouse, former spouse, child, or other dependent of a plan participant). The exception applies only if the domestic relations order meets specific legal requirements that make it qualified, *i.e.,* a qualified domestic relations order, or “QDRO.” ERISA provides that pension plans are required to comply with only those domestic relations orders which are QDROs, and that the decision as to whether a domestic relations order is a QDRO is made by the plan administrator. Thus, as statutory trustee of terminated plans, PBGC must first determine whether any domestic relations order submitted to PBGC is qualified— *i.e.,* is a QDRO—before any obligation to comply is triggered. When PBGC is trustee of a plan, it reviews submitted domestic relations orders to determine whether the order is qualified before paying benefits to an alternate payee. The requirements for submitting a QDRO are established by statute. The models and guidance provided in the PBGC booklet, *Divorce Orders & PBGC* (the booklet's title will be changed to *Qualified Domestic Relations Orders & PBGC,* to better reflect its scope), assists parties by making it easier to comply with ERISA's QDRO requirements when drafting orders for plans trusteed by PBGC. The booklet does not create any additional requirements. The PBGC is revising the QDRO booklet by: Defining a participant's “earliest PBGC retirement date,” which affects when a participant and alternate payee may start receiving benefit payments; describing new annuity benefit forms that are available to alternate payees; providing information on how to make a Freedom of Information Act

(FOIA)request to obtain information necessary for the preparation of a domestic relations order; and providing additional model forms and language to address a greater variety of situations. The revised booklet will be available on the PBGC's Web site at *http://www.pbgc.gov.* The collection of information has been approved through December 31, 2006, by OMB under control number 1212-0054. The PBGC is requesting that OMB approve the revised collection of information for three years. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. PBGC estimates that it will receive an average of 875 domestic relations orders annually, and estimates 855 of these will be prepared by attorneys or other professionals. The average hour burden for the alternate payee or participant is .75 hours if the order is prepared by a professional. In the case where the alternate payee or participant prepares the order, the average hour burden is estimated to be 10 hours. The total annual hour burden for alternate payees and participants is thus 841.25 hours ((855 × .75 hour = 641.25) + (20 × 10 = 200) = 841.25 hours). If the alternate payee or participant hires an attorney, PBGC estimates costs of $450 to $880 in professional fees for each order. PBGC estimates the total annual burden will be 841.25 hours of the alternate payee's or participant's time, and professional costs of $384,750 to $752,400. Issued in Washington, DC, this 6th day of June, 2006. Cris Birch, Acting Chief Technology Officer, Pension Benefit Guaranty Corporation. [FR Doc. E6-9065 Filed 6-9-06; 8:45 am] BILLING CODE 7708-01-P DEPARTMENT OF STATE [Public Notice 5439] 60-Day Notice of Proposed Information Collection: DS-2029, Application for Consular Report of Birth of a Citizen of the United States of America, OMB Control No.1405-0011 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget

(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. *Title of Information Collection:* Application for Consular Report of Birth Abroad of a Citizen of the United States of America. *OMB Control Number:* 1405-0011. *Type of Request:* Extension of a currently approved collection. *Originating Office:* Consular Affairs, Office of Overseas Citizen Services (CA/OCS). *Form Number:* DS-2029. *Respondents:* Parents or legal guardians of United States citizen children born overseas. *Estimated Number of Respondents:* 52,000 per year. *Estimated Number of Responses:* 52,000. *Average Hours per Response:* 20 minutes. *Total Estimated Burden:* 17,333. *Frequency:* On occasion. *Obligation to Respond:* Voluntary. DATES: The Department will accept comments from the public up to 60 days from June 12, 2006. ADDRESSES: You may submit comments by any of the following methods: E-mail: *GawMA@state.gov* . Mail (paper, disk, or CD-ROM submissions): Department of State, Bureau of Consular Affairs, Office of Overseas Citizens Services, SA-29 4th Floor, 2100 Pennsylvania Avenue, NW., Washington, DC 20037. Fax: 202-736-9111. Hand Delivery or Courier: see above. You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Monica Gaw, Department of State, Bureau of Consular Affairs, Office of Overseas Citizens Services, SA-29 4th Floor, 2100 Pennsylvania Avenue, NW., Washington, DC 20037, who may be reached on 202-736-9107, and *GawMA@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. Abstract of Proposed Collection The DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the United States of America, is used by citizens of the United States to report the birth of a child while overseas. The information collected on this form will be used to certify the acquisition of U.S. citizenship at birth of a person born abroad and can be used by that child throughout life. Methodology The DS-2029 will be available to download from the Internet. An application for a Consular Report of Birth is normally made in the consular district in which the birth occurred. The parent respondents will fill the form out and take it to a United States Consulate or Embassy, who will examine the documentation and enter the information provided into the Department of State American Citizen Services

(ACS)electronic database. Dated: May 24, 2006. Wanda L. Nesbitt, Acting Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. E6-9134 Filed 6-9-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF STATE [Public Notice 5438] Determination on U.S. Position on Proposed World Bank Group's International Financial Corporation

(IFC)Projects in Bosnia and Herzegovina Pursuant to section 561 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-102) (FOAA), and Department of State Delegation of Authority Number 289, I hereby determine that the proposed 4.0 million Euro ICF investment package to transform the Ekonomic Kredit Institution

(EKI)from a not-for-profit into a commercial financial organization and the 3.0 million Euro IFC investment package to transform MIBOSPO into a commercial financial organization to increase their micro lending capacities, will contribute to a stronger economy in Bosnia and Herzegovina, directly supporting implementation of the Dayton Accords. I therefore waive the application of section 561 of the FOAA to the extent that provision would otherwise prevent the U.S. Executive Directors of the IFC from voting in favor of these projects. This Determination shall be reported to the Congress and published in the **Federal Register** . Dated: May 30, 2006. Daniel Fried, Assistant Secretary of State For European and Eurasian Affairs, Department of State. [FR Doc. E6-9133 Filed 6-9-06; 8:45 am] BILLING CODE 4710-23-P DEPARTMENT OF STATE [Public Notice 5440] International Joint Commission; Notice of Public Comment Period; International Lake Ontario-St. Lawrence River Study The International Joint Commission will hold a 60-day public comment period on the report of its International Lake Ontario-St. Lawrence River Study Board, which was released on May 31, 2006. The Study Board report presents the Commission with options for regulating the outflows from Lake Ontario through the international hydropower project at Cornwall, Ontario and Massena, New York. The five-year study improves the understanding of how regulation affects the environment, recreational boating, flooding, shoreline erosion, navigation, hydropower production and municipal and industrial water uses from Niagara Falls, New York and Ontario to Trois-Riviéres, Quebec. The Commission will consider changes to the current regulation plan, Plan 1958-D, and to its Orders of Approval for regulation of Lake Ontario outflows. The public is invited to provide comments on the Study Board report, and any other relevant matters, to assist the Commission in its deliberations. Copies of the Study Board report are available from the Commission at the addresses below, or online from *http://www.ijc.org/en/activities/losl/index.php* . Comments, which must be received by July 31, 2006, can be submitted online at *http://www.ijc.org/en/activities/losl/index.php* or sent by letter, fax or email to either address below: U.S. Section Secretary, International Joint Commission, 1250 23rd Street NW., Suite 100, Washington, DC 20440. Tel:

(202)736-9024. Fax:

(202)467-0746. *Commission@washington.ijc.org* . Canadian Section Secretary, International Joint Commission, 234 Laurier Avenue West, 22nd Floor, Ottawa, ON K1P 6K6. Tel:

(613)995-0088. Fax:

(613)993-5583. *Commission@ottawa.ijc.org* . Once the Commission has adequately considered the Study Board report, public comment and any other relevant information, it will release a “preliminary decision” on regulation of Lake Ontario outflows for public comment. The Commission will examine increasing the benefits of regulation consistent with its responsibility under the Boundary Waters Treaty to ensure suitable and adequate protection of all interests that could be injured as a result of the activities that it approves. The Commission will also hold public hearings, and consult with the governments of Canada and the United States to seek their concurrence, before making a decision whether to change its Orders of Approval or the current regulation plan. The times and locations will be announced. Comments provided in writing or orally will become part of a public record that may be posted on the IJC's Web site or otherwise made available to the public. To protect the privacy of any person submitting comment, the IJC will remove the following identifying information from the incoming communication before making the comment available to the public: e-mail address, street address, post office box, zip code, postal code, telephone number and fax number. The following identifying information will remain part of the record that is made available to the public: Name, organizational affiliation, city, and state/province. For more information, contact Frank Bevacqua

(202)736-9024; *bevacquaf@washington.ijc.org* . Dated: June 5, 2006. Elizabeth C. Bourget, Secretary, U.S. Section International Joint Commission Department of State. [FR Doc. E6-9132 Filed 6-9-06; 8:45 am] BILLING CODE 4710-14-P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation [Docket No. OST-2005-20112] Regulatory Review Report AGENCY: Office of the Secretary of Transportation (OST), DOT. ACTION: Final report. SUMMARY: This is the Department's final report providing a brief response, including a description of further action we intend to take, to the public's participation in the Department of Transportation's review of its existing regulations and its current Regulatory Agenda. ADDRESSES: For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. You can access the docket for this notice by inserting the last five-digits of the docket number into the DMS “quick search” function. FOR FURTHER INFORMATION CONTACT: Neil Eisner, Assistant General Counsel, Office of General Counsel, Department of Transportation, 400 7th St., SW., Room 10424, Washington, DC 20590-0001. Telephone

(202)366-4723. E-mail *neil.eisner@dot.gov* SUPPLEMENTARY INFORMATION: Background The Department of Transportation (Department or DOT) includes the Office of the Secretary (OST), and the following operating administrations (OAs): Federal Aviation Administration (FAA); Federal Highway Administration (FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal Railroad Administration (FRA); Federal Transit Administration (FTA); Maritime Administration (MARAD); National Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous Materials Safety Administration (PHMSA); Research and Innovative Technology Administration (RITA); and St. Lawrence Seaway Development Corporation (SLSDC). Each of these elements of DOT has statutory responsibility for a wide range of regulations. For example, DOT regulates safety in the aviation, motor carrier, railroad, mass transit, motor vehicle, commercial space, and pipeline transportation areas. DOT regulates aviation consumer and economic issues, and provides financial assistance and promulgates and enforces the necessary implementing rules for programs involving highways, airports, mass transit, the maritime industry, railroads, and motor vehicle safety. It writes regulations carrying out such disparate statutes as the Americans with Disabilities Act and the Uniform Time Act. Finally, DOT has responsibility for developing policies that implement a wide range of regulations that govern internal programs such as acquisition and grants, access for the disabled, environmental protection, energy conservation, information technology, occupational safety and health, property asset management, seismic safety, security, and the use of aircraft and vehicles. Improvement of our regulations is a continuous focus of the Department. There should be no more regulations than necessary, and those that are issued should be simple, comprehensible, and not burdensome. Most rules are issued following notice to the public and opportunity for comment. Once issued, rules are periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To help implement this goal, the Department issued a Notice of Regulatory Review on January 26, 2005 (70 FR 3761), seeking public comment on how to

(1)improve our rules to be more effective and less costly or burdensome,

(2)identify rules no longer needed and/or new rules that may be needed, and

(3)prioritize our current rulemaking activities, which were set forth in our semi-annual Regulatory Agenda. (The latest Agenda preceding the Notice can be found at 69 FR 73492, December 13, 2004; the Department's last Agenda can be found at 70 FR 64940, October 31, 2005.) At the outset, the Department accepted written public comments and requests to participate in a public meeting. The Department held a public meeting in Washington, DC, on April 12, 2005, presided over by the Department's General Counsel. Senior officials of the Department's operating administrations also participated in this meeting. The Department continued to accept written comments from the public as well as participants at the public meeting until April 30, 2005. We appreciate the public's participation in this regulatory review process. We especially thank our stakeholder groups, including trade associations, interest groups, consumer groups, and individual regulated parties—whether public or private sector organizations—for their participation in this process. Your participation has provided meaningful and significant input to the Secretary, the General Counsel, and other DOT senior officials. The Final Report For rulemakings already in progress, we have provided Rulemaking Identification Numbers (RIN). The RIN will allow you to monitor the progress of a rulemaking through the Unified Agenda, in which we publish estimated dates for taking various public actions. Comments Warranting Further Action Item No. Regulation Operating admin./OST office Commenter Comment Response 1 49 CFR Part 228 FRA Association of American Railroads Requests FRA revise its regulations to allow for electronic records rather than use the “waiver” process FRA allows electronic records under a waiver process that requires railroads to maintain electronic records similar to their paper records. FRA agrees that Part 228 should be reviewed and revised to facilitate electronic recordkeeping and expects to initiate work on a notice of proposed rulemaking in the current fiscal year. 2 49 CFR Part 229 FRA Association of American Railroads Requests FRA revise its locomotive inspection regulations to incorporate a performance standard FRA intends to offer its Railroad Safety Advisory Committee

(RSAC)the task of reviewing and revising Part 229 at the RSAC full committee meeting on February 22, 2006. 3 49 CFR 395.3 FMCSA Association of American Railroads Requests FMCSA address hours of service conflicts for railroad signal employees FMCSA will answer the previously submitted pilot program request on this matter. 4 14 CFR Part 241 OST RITA

(BTS)United Air Lines Recommends eliminating regulations that no longer serve a useful purpose—like the requirement to file BTS Schedules B-7 and B-43, which requests highly detailed and competitively sensitive information The Department agrees that a review of these regulations is appropriate and, in fact, already has plans to include this regulation as part of a future review of certain aviation data requirements similar to the review and modernization program currently being conducted. (See RIN 2105-AC71). 5 14 CFR 21.197 FAA ASTAR Air Cargo Correct obsolete references to sections 121.79 and 135.17 This error occurred in 1995 when the FAA realigned and consolidated certain services. This error was corrected in the Maintenance Recording Requirements Final Rule published January 4, 2006 (71 FR 534). 6 14 CFR Parts 91, 121, 135 FAA Federal Express Corp. Recommends that no regulation should be adopted unless it has been carefully evaluated to meet demanding cost-benefit standards—specifically, the ETOPS NPRM In general, the Department agrees with Federal Express, and this has long been part of the Department's policy. With regard to the ETOPS NPRM, the Current ETOPS rulemaking will include a cost-benefit analysis. (RIN 2120-AI03) 7 25 CFR Part 170 FHWA Lummi Nation Planning Department Recommends that DOT require the Bureau of Indian Affairs

(BIA)Indian Reservation Roads

(IRR)program to produce a complete inventory of reservation roads Section 1119(f) of the recently enacted long-term surface transportation authorization statute (Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users “SAFETEA-LU”) requires the Secretary of Transportation, in cooperation with the Secretary of the Interior, to complete a comprehensive national inventory of transportation facilities that are eligible for assistance under the IRR program. The Department is implementing Section 1119(f) of SAFETEA-LU and working with the Department of the Interior to conduct the comprehensive inventory. However, this does not require a rulemaking action. 8 49 CFR 571.213 NHTSA Evenflo Recommends eliminating the mass distinction for belt-positioning booster seats NHTSA will not enforce this particular requirement due to concerns about its enforceability. However, NHTSA recognizes the potential for forces generated by the mass of a booster seat to overload a child occupant's chest should be addressed and, therefore, is addressing this issue in a proposed rulemaking to expand the applicability of FMVSS No. 213 to children weighing up to 80 pounds (RIN 2127-AJ44). 9 49 CFR 571.213 NHTSA Evenflo Recommends clarifying the location of the lower anchorage bar on the standard seat assembly depicted in Figure 1B NHTSA recognizes the inconsistency in measurements provided and will correct this inconsistency. 10 49 CFR 395.8 FMCSA American Trucking Associations Objects to FMCSA's current hours of service; supporting documents NPRM and recommends allowing/imposing a performance-based approach of self-monitoring systems designed to avoid burdensome coverage of all business records These comments were taken into consideration in the course of the existing, open rulemaking (RIN 2126-AA76). 11 49 CFR Part 396 FMCSA American Trucking Associations Recommends issuing rules requiring a safety program for intermodal equipment (container chassis) that travels on highways FMCSA recognizes the need for rulemaking on this issue and will soon begin rulemaking to implement Section 4118 of SAFETEA-LU (RIN 2126-AA86). 12 49 CFR 383.5 and 384.209 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends adopting a graduated commercial driver's license

(CDL)program and clarifying disqualification standards FMCSA will consider these comments during its rulemaking addressing Section 4122 of SAFETEA-LU that amends the law allowing for FMCSA to implement a CDL Learner's Permit program. (RIN 2126-AB02). With regard to clarifying disqualification standards, FMCSA has on-going efforts to work with States toward more uniform definitions of serious traffic violations. 13 49 CFR Part 387 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends reevaluating whether to continue self insurance and, if so, suggests several safeguards This recommendation will be considered as a comment in the Unified Registration System rulemaking (RIN 2126-AA22). 14 14 CFR Part 234 OST United Air Lines Recommends that reports of mishandled baggage distinguish between carriers that interline and those that do not or, at least, clarify that this distinction is not made Starting with the January 2006 “Air Travel Consumer Report”, DOT will clarify that reports of mishandled baggage do not distinguish between carriers that interline and those that do not. 15 FAA Regional Airline Association Recommends allowing operators to carry company material that is hazardous even though they have identified themselves as a “will not carry” operator FAA will be addressing this issue in an upcoming final rule. 16 49 CFR 173.134 PHMSA FAA Regional Airline Association Suggests allowing an exception for “will not carry” operators to carry noninfectious diagnostic specimens The hazmat requirements do not apply to noninfectious diagnostic specimens. However, there is some confusion on this issue, which PHMSA intends to clarify in an ongoing rulemaking in which PHMSA proposes to harmonize its hazmat rules with recently adopted international standards (2137-AD93). 17 14 CFR 121.574 PHMSA FAA Regional Airlines Association Recommends amending rules to allow carriers to carry First Aid and Trauma

(FAT)kits that are supplied by government agencies and to state that the maintenance can be under an approved program without mentioning the certificate holder PHMSA has issued an exemption from 49 CFR Parts 171-180 allowing FAT kit to be carried in the cabin. FAA is considering an amendment that would allow the use of the FAT kit's oxygen in flight. It intends to include this in a future review of the entire Part 121. 18 49 CFR Part 563 NHTSA National Automobile Dealers Association Recommends accelerating the electronic data recording

(EDR)rulemaking NHTSA has devoted significant time and resources in drafting an EDR final rule. Publication is expected in 2006 (RIN 2127-AI72). 19 OST Regional Aviation Partners Recommends immediately implementing section 406 (code share pilot program) of Vision 100 The Department has sent out a notice soliciting public comment and interest on this program. (See 70 FR 40098.) 20 FTA Circular 4220.1E FTA New York MTA Suggests several technical changes to FTA program requirements, including third party contracting requirements FTA agrees to expand footnote 39 of FTA Circular 4220.1E to further acknowledge the propriety of liquidated damages and to update the Best Practices Procurement Manual. 21 FTA New York MTA Suggests several technical changes to FTA program requirements, including Buy America FTA intends to take comment on this issue during the rulemaking mandated by section 3023 of SAFETEA-LU (RIN 2132-AA80). 22 FTA New York MTA Suggests several technical changes to FTA program requirements, including Grants Management FTA will undertake a comprehensive review of all of its current program circulars in an attempt to streamline and consolidate circulars as appropriate. FTA will reach out to the transit industry and invite public comment, in accordance with section 3032 of SAFETEA-LU. 23 FTA FHWA New York MTA Suggests several technical changes to FTA program requirements, including 4(f) criteria Pursuant to sections 6007 and 6009 of SAFETEA-LU, FHWA and FTA will conduct a rulemaking to clarify the regulatory procedure and criteria for evaluating “prudent and feasible” alternatives (RINs 2125-AF14 and 2132-AA83). 24 23 CFR Part 771 FTA FHWA New York MTA Suggests several technical changes to FTA program requirements, including environmental impact procedures Pursuant to section 6002 of SAFETEA-LU, FTA and FHWA are considering a rulemaking to revise the agencies' joint environmental impact procedures (RINs 2125-AF09 and 2132-AA82). 25 49 CFR Part 611 FTA New York MTA Suggests several technical changes to FTA program requirements, including the New Starts program Many of these points will be addressed through rulemaking under section 3011 of SAFETEA-LU (RIN 2132-AA81). 26 23 CFR 771.135 FHWA New Hampshire Department of Transportation Suggests revising the 4(f) criteria to require evaluation and legal sufficiency review for Environmental Impact Statements and Environmental Assessments only, not categorical exclusions Pursuant to sections 6009 of SAFETEA-LU, FHWA and FTA will conduct a rulemaking to clarify the regulatory procedure and criteria for evaluating “prudent and feasible” alternatives (RINs 2125-AF14 and 2132-AA83). 27 14 CFR Part 399 OST American Airlines Recommends the Department issue a policy statement to establish that certain authorities under the aviation statute—exemptions, codeshare statements of authorization—will be issued for an indefinite duration in order to avoid renewal applications every 1 or 2 years While the Department does not agree that certain aviation authorities should be issued for an indefinite duration, it agrees that the Department should consider examining whether certain aviation authorities could be awarded for a longer duration. The Department is exploring measures to achieve this objective and has announced new streamlining procedures to this end. In a Notice issued August 23, 2005, the Department stated that it would employ show-cause procedures for the award of certain long-term certificate and permit authority, with the goal of reducing the need for frequent renewal of exemption authority. On December 9, 2005, the Department issued an order tentatively granting more than 20 U.S. air carriers blanket route integration authority. Under the terms of the order, the blanket authority will be granted for a 5-year term, renewable upon application, and will be applied prospectively to encompass future awards of authority. 28 14 CFR Part 399 OST United Air Lines Recommends eliminating duration limitations on carrier certificates and exemption route authority See above response (#27). 29 14 CFR Part 399 OST Delta Airlines Recommends a default rule that would provide that exemptions and other authorities under the aviation statute—exemptions, codeshare statements of authorization—will be issued for an indefinite duration but that the Department may amend, modify or revoke them at any time without a hearing See above response (#27). 30 14 CFR 257.5 OST United Air Lines Recommends allowing a generic statement of code-sharing and long-term wet leases in advertisement In response to United Air Lines recent Petition for Rulemaking on this issue, DOT issued a final rule on August 4, 2005 (see 70 FR 44848). 31 49 CFR Part 222 FRA Chicago Area Transportation Study Council of Mayors Executive Committee Recommends reconsidering the analysis of risk for not sounding the train horn in the Chicago area This comments pre-dates FRA issuance of its final rule on “Use of Locomotive Horns as Highway-Rail Crossings” (see 80 FR 21844). In the final rule FRA carved out the Chicago area and will study that area separately. If appropriate, it will be addressed in a future rulemaking (RIN 2130-AB73). 32 23 CFR Part 636 FHWA Texas Department of Transportation Suggests several revisions to the design-build regulations Section 1503 of SAFETEA-LU requires a revision to the design-build regulations. FHWA plans to amend the regulations accordingly. In addition, FHWA is currently evaluating the need to modify the design-build regulations in the context of public-private partnerships (RIN 2125-AF12). 33 FTA New York MTA Suggests several technical changes to FTA program requirements, including reporting requirements for the national transit database This is a long list of technical changes some of which must be done by legislation while others may be done by regulation. Each of these will require detailed evaluation to determine whether it can be done by regulation. Those that can be changed by regulation will be addressed. 34 49 CFR 173.24(b) PHMSA Association of Hazmat Shippers Objects to the additional packaging requirements for oxygen cylinders This will be treated as a comment to the current rulemaking on this issue (RIN 2137-AD33). 35 FTA New York MTA Suggests several technical changes to FTA program requirements, including to Fixed Guideway Modernization Most of the suggestions offered would require legislative change. The remaining suggestion regarding risk assessments will be addressed through upcoming guidance. 36 14 CFR Part 121 FAA Regional Airline Association Requests a rulemaking to allow air carriers to conduct both scheduled and charter service with one set of books FAA is developing, with industry, appropriate language for an operation specification and, therefore, believes that a rulemaking is unnecessary. Comments Warranting Further Consideration Item number Regulation Operating admin./OST office Commenter Comment Response 1 DOT Marion C. Pulsifer Consulting Suggests that the development, financing, environmental review, etc. of large multimodal infrastructure projects be coordinated through a single point in DOT DOT recently completed a report to develop a process to ensure effective and comprehensive oversight of large transportation infrastructure projects and is carefully monitoring the use of one possible process in the administration of the on-going multimodal Transportation Expansion

(TREX)megaproject in Denver, Colorado. 2 FMCSA FAA Federal Express Corp Recommends clearly defining the scope of the agencies' jurisdiction vis-a-vis OSHA The agencies are mindful of the need for clarity in defining regulatory jurisdiction. 3 49 CFR 571.124 NHTSA Alliance of Automobile Manufacturers Suggests revising all Federal Motor Vehicle Safety Standards (FMVSS)—in similar fashion used for FMVSS 124—to accommodate technological changes and voluntary industry action NHTSA currently has a regulatory review program that specifically evaluates the need to revise FMVSS to accommodate technological and other changes. NHTSA's review schedule under Section 610 of the Regulatory Flexibility Act and other reviews was published in Appendix D to the Unified Agenda (70 FR 64079, 64949). FMVSS 124 was one of the first standards to be reviewed under this process at which time no changes were warranted and the standard will be reviewed again through this process. 4 49 CFR 571.108 NHTSA American Trucking Associations Recommends providing for commercial vehicle lighting equipment interchangeability Current regulations allow the most safe and effective replaceable headlamps. The agency is currently reviewing this regulation to determine if revisions are appropriate. 5 FMCSA PHMSA American Trucking Associations Requests a rule to implement uniform requirements for hazmat permits and to preempt state permit requirements that are not substantively the same. FMCSA is working with the current Alliance for Uniform Hazardous Materials Registration to encourage States to voluntarily join in a base-state hazmat permitting arrangement. FMCSA and PHMSA will establish a work group to study hazmat permitting and registration practices in response to a requirement in SAFETEA-LU and will reevaluate whether it should open a rulemaking at the completion of that working group's report. 6 14 CFR Part 121 FAA Airline Dispatchers Federation Recommends applying the rules for dispatching scheduled airline operations to supplemental operations, so that a certified dispatcher is on site for departures With electronic communication much more sophisticated now than it was when the studies offered in support of this comment were performed, one would intuitively expect less need for on-site dispatchers. However, FAA believes that it is worthwhile to review dispatch-related accidents and incidents to ascertain whether the number is disproportionately high when no dispatcher is physically present. 7 14 CFR 121.465 FAA Airline Dispatchers Federation Recommends revising the rules on aircraft dispatchers duty time to be consistent both in and out of the U.S FAA agrees that, on face value, dispatcher fatigue is primarily an issue of time. However, before taking definitive steps to revise the regulation, it is appropriate to review whether there are higher levels of accidents and incidents among flag carriers dispatching aircraft from outside the U.S. 8 14 CFR 121.619 FAA Aircraft Dispatchers Federation Recommends liberalizing the requirement for specifying an alternate destination prior to dispatch The FAA is currently reviewing air carriers' ability to dispatch while carrying alternate fuel at lower limits than the current rule allows. The FAA will determine if rulemaking is appropriate based on the outcome of this review. 9 14 CFR Part 91 FAA Aircraft Dispatchers Federation Recommends developing a plan to certify and regulate unmanned aerial vehicles

(UAV)The FAA has begun a broad-based program to assess the need for UAV regulations. The FAA Flight Plan has identified the development of policies, procedures, and approval processes to enable the operation of UAVs in the National Airspace System as a long-term initiative. The FAA is well on its way to developing these policies. There is a Federal Advisory Committee working on the development of standards the FAA hopes to use as the basis for a future rulemaking. 10 49 CFR Part 177 PHMSA American Trucking Associations Recommends either extending the deadline for submitting a written update report on a hazmat spill from 30 to 90 days or eliminating the provision The 30-day timeframe for submitting the “update” actually refers to the timeframe in which a written report must be submitted for all incidents. PHMSA agrees to consider whether 30 days is sufficient to collect all the information required and, therefore, will consider this issue for possible rulemaking. 11 FHWA American Road and Transportation Builders Association Recommends continuing to implement environmental streamlining for transportation projects The Department and FHWA continue to work to expedite and improve the environmental review/approval process and have identified 15 priority projects for review by the interdepartmental Transportation Infrastructure Streamlining Task Force and expect that, in the future, additional priority projects will be selected. 12 23 CFR 750.707 FHWA Florida Department of Transportation Recommends revising the regulation to remove requirements that inhibit States' ability to regulate nonconforming outdoor advertising signs; adding a provision requiring each State to develop its own requirements for control FHWA recognizes that this regulation needs review, but believes that any such review should be part of an overall evaluation of the Outdoor Advertising Control Program. FHWA currently is developing a program review of the Outdoor Advertising Control Program. This regulation on nonconforming signs will certainly be a part of this review. 13 14 CFR 121.311 FAA Regional Airline Association Requests regulation be amended to allow an “adult or parent” to carry a lap child FAA recognizes this as an issue and is looking into the best way to ensure young parents (under 18) are allowed to lap-hold children under two. However, it must determine its priorities for its limited resources prior to committing to a rulemaking on this issue. 14 49 CFR Part 568 49 CFR 571.110 NHTSA National Automobile Dealers Association Recommends amending the motor vehicle placarding regulations to require re-placarding only when alteration or final stage manufacturing has occurred Consumer protection and good faith disclosure is best served by requiring re-labeling. This issue may be addressed through a current rulemaking (see RIN 2127-AJ57). 15 14 CFR Part 241 RITA

(BTS)Federal Express Corp Recommends eliminating provisions that require carriers to report separately mail revenues and mail weights The Department agrees that this regulation is a good candidate for review. However, because there are offices within the Department that use this data, the Department needs to evaluate its need for the information before determining whether to proceed on a rulemaking to eliminate or revise this regulation. 16 FMCSA Federal Express Corp Recommends federalizing and mandating real time driver and carrier notifications of a driver violation or license restriction that would potentially disqualify a driver to hold a commercial drivers license FMCSA is currently exploring the development of a national Employer Notification Service

(ENS)system that will allow carriers to register their drivers in a database and then be immediately notified of changes in the status of their CDLs. A prototype system has been developed and will be evaluated during an 18-month pilot test in California and Colorado beginning in March 2006. 17 49 CFR Part 107 PHMSA Federal Express Corp Recommends that carriers should not be penalized when a shipper fails to identify its package as hazmat The HMR generally prohibit accepting or transporting hazmat not in compliance with the regulations. All operating modes typically seek to bring enforcement actions against the shipper of the material. There are cases, however, where enforcement actions are appropriate against a carrier who knew, or should have known the material offered for transportation contains hazmat. The “knowingly” standard for civil penalty liability is defined in Federal hazardous material transportation law and embodies the “negligence” standard which is well developed in common law. There is currently an open proceeding (see OST-2001-10380 on the Department's Docket Management System) considering whether to issue further industry guidance on the “knowingly” standard. In addition, the FAA is considering allowing credit in any subsequent enforcement action to an air carrier that voluntarily provides hazmat recognition training to its employees. PHMSA notes the concern and will review existing enforcement guidance. 18 49 CFR Part 107 FAA PHMSA United Air Lines Recommends that the FAA should prosecute non-compliant shippers rather than carriers reporting hazmat discrepancies in accepted baggage or freight See response above (#17). 19 49 CFR Parts 387 and 371 FMCSA Owner-Operator Independent Drivers Association, Inc Proposes adopting stricter standards for brokers and freight forwarders to include increasing the security bond, eliminating trust funds as a surety alternative, and eliminating freight forwarders as a separately-regulated category of transportation intermediaries and require them to follow broker requirements These comments and associated matters are currently under agency consideration. 20 49 CFR 373.101 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends adding a requirement for shipment date and pick-up and delivery times to bills of lading These comments were taken into consideration in the course of the existing open rulemaking (See RIN 2126-AA76). 21 49 CFR Parts 171-180 PHMSA United Air Lines Recommends using the term “dangerous goods” rather than the term “hazardous materials” for consistency with foreign jurisdictions PHMSA appreciates the need to seek further harmonization of international hazmat regulations and will study this issue further but needs further information concerning the actual benefits to safety of changing terminology. No Further Action Item No. Regulation Operating admin./ OST office Commenter Comment Response 1 14 CFR 121.377 FAA Steven M. Jones Maintenance and preventative maintenance personnel duty time limitation regulation is unclear; commenter compares it to regulation for aircraft dispatcher duty time limitations FAA notes that this regulation is not as detailed as the aircraft dispatcher regulation. However, the FAA believes that the intent of this regulation is clear and has no data to support maintenance personnel working consecutively for seven days as commenter alleges. The FAA has evaluated the regulation and how it is understood in the industry and has determined that addressing the differing levels of detail in duty time regulations is not a priority. 2 49 CFR 382.107 FMCSA OST-ODAPC Roxanne Wyant Suggests removing the term “actual knowledge” of drug or alcohol use from the list of grounds for finding a violation of the FMCSA rules If an employer learns reliably that a covered employee has engaged in conduct otherwise prohibited by the regulations, relating to use of illegal drugs or abuse of alcohol, it is fully consistent with the safety objectives of the regulation for the employer to treat that information as the basis for a violation of the rules, even if no drug or alcohol test had occurred. 3 DOT Air Transport Association of America, Inc Recommends restricting the number of regulatory proceedings, establishing smaller Government-industry working groups to develop recommendations, working to harmonize international regulatory regimes, and improving enforcement programs The Department agrees that it should strive to improve the efficiency of its rulemaking and enforcement processes and that many of the recommendations go to that effort. The Department already uses some of the recommended strategies where appropriate and will continue to do so. The Department is putting this on the No Further Action Warranted chart only because it is not tied to specific regulations. 4 OST-C American Society of Travel Agents, Inc Suggests that the Department provide public notice and an opportunity to comment before new aviation enforcement interpretations are adopted Requiring advance notice and comment prior to adopting any new enforcement interpretation would significantly interfere with and burden the Department's discretion in administering aviation enforcement and could result in fewer, often-helpful, interpretations being issued. Moreover, it is not practical to conduct lengthy and costly proceedings to define what the Department believes is required by statute or to hold public hearings before issuing interpretations or policy statements. However, requests for reconsideration often are entertained. 5 14 CFR 121.311 FAA Greg Niebeding, President of Baby B'Air Flight Vests Requests the FAA revise its regulations to allow the use of Baby B'Air Flight Vests during take-off and landing FAA considered this issue through a petition for an exemption and, in October 2004, determined that an exemption was not in the public interest. No new evidence was presented through this process. 6 49 CFR 571.204 NHTSA Alliance of Automobile Manufacturers Suggests implementing and modifying test procedures manufacturers use to demonstrate regulatory compliance with FMVSS—like FMVSS 201 While test procedures are provided in the FMVSS, they reflect the specifications established by regulation. The tests detail how NHTSA and its contractors should conduct compliance tests; the industry is not required to use NHTSA's test procedures. 7 14 CFR Part 93 FAA OST Air Carrier Association of America Recommends review of regulations operating to frequently block low fare carriers from competing at various airports—specifically, the high-density rule FAA has an open rulemaking to address congestion at O'Hare airport (see RIN 2120-AI51) and has been analyzing market based approaches at LaGuardia that will likely involve rulemaking. It is not feasible at this time to begin a separate rulemaking in the interim to address certain elements of the High Density Rule, which phases out at LaGuardia and John F. Kennedy International Airport in January 2007. The FAA is also reluctant to promulgate changes to the slot rules at Ronald Reagan Washington National Airport until it has concluded its analysis of market approaches at LaGuardia. 8 49 CFR Part 26 OST FHWA FAA FTA American Road and Transportation Builders Association Recommends one Disadvantaged Business Enterprise goal for minority and women contractors This is a Congressionally-mandated program. However, the Department hopes to address some program implementation issues through meetings with industry groups, including the American Road and Transportation Builders Association. Afterwards, any needed changes will be considered, if appropriate. 9 49 CFR 395.3 FMCSA American Road and Transportation Builders Association Requests short-haul drivers in the transportation construction industry be excluded from the hours of service rule FMCSA published its hours of service rule on August 25, 2005 (see 70 FR 49978). The rule adopted a special hours of service regime for short-haul drivers. 10 40 CFR Part 93 FHWA American Road and Transportation Builders Association Recommends allowing grandfathering or a grace period for Clean Air Act conformity so that transportation planning projects can better respond to obligations on short notice Section 6011 of the recently enacted long-term surface transportation authorization statute (Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users “SAFETEA-LU”) provides for a one-year grace period for conformity determinations. Thus, this issue does not require rulemaking action. 11 FHWA American Road and Transportation Builders Association Recommends allowing the Interstate Highway System an exemption from historic preservation requirements Section 6007 of SAFETEA-LU exempts the Interstate Highway System from consideration as a historic site under Section 4(f) of the National Historic Preservation Act. Therefore, no rulemaking action is required at this time. 12 DOT Federal Express Corp Recommends expediting reevaluation and publication for comment of any notices or rules over 20 years old and reviewing existing rules to see if a revision can be made or a rule can be eliminated rather than issuing a new regulation that “layers on.” The Department's regulatory review plan addresses this issue by requiring all rules to be reviewed every ten years. It also asks for public comment on whether any specific review should be expedited. (See Appendix D to the Unified Agenda (70 FR 64079, 64943) The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations in need of more immediate attention than our existing process will provide 13 DOT Federal Express Corp Recommends organizing rules by specific regulated groups in separate and clearly identified sections As rules are rewritten, agencies do reorganize them to help regulated industries comply. There is some risk in both directions. E.g., FMCSA tried the suggested approach in a recent rulemaking and found that it required a lot of duplication, which would increase the chance for errors and inconsistencies. The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations. 14 DOT Federal Express Corp Recommends harmonizing all rules with international rules and procedures Agencies attempt to harmonize their rules with international rules; however, this is not always possible. PHMSA is currently attempting to harmonize its hazardous materials nomenclature with the international system. FMCSA and Canada worked out uniform North American cargo securement standards—that process took nearly a decade. The Department is putting this on the No Further Action Warranted chart because it is not tied to specific regulations. 15 FMCSA, PHMSA Federal Express Corp Recommends revising the policy for granting exemptions: either fully regulate an item or do not regulate it at all This is inconsistent with FMCSA's statutory authority, which permits exemptions if the specified level of safety can be maintained or improved. Similarly, PHMSA's statutory authority permits the agency to grant special permits authorizing variances from the hazmat regulations if the special permit provides an equivalent level of safety to that specified in the regulations. The special permit program provides an opportunity for the testing and evaluation of technological improvements in a real-world transportation environment. Special permits that result in demonstrated safety and efficiency benefits are frequently converted into regulations of general applicability. 16 DOT Federal Express Corp Recommends designing a single federal program to require transportation worker identification cards

(TWIC)The Department acknowledges that there are multiple security programs currently in place. However, as the Transportation Security Administration (under Department of Homeland Security) is the lead Agency, the Department cannot take the lead on this problem. 17 FMCSA, NHTSA Federal Express Corp Recommends standardizing and harmonizing safety and recording requirements for passenger and commercial vehicles NHTSA has exclusive authority to set manufacturing standards for the Department; FMCSA's rules apply only to the operators, not the manufacturers, of commercial motor vehicles. However, the agencies do work together on rules when appropriate. 18 FMCSA Federal Express Corp Recommends that the Agency regulate all commercial drivers and vehicles including non-DOT drivers FMCSA regulates all drivers of commercial motor vehicles, as defined by 49 U.S.C. 31132. 19 49 CFR Part 172 PHMSA Federal Express Corp Recommends requiring that material safety data sheets

(MSDS)be supplied to first responders and that any product information regarding hazardous materials (hazmat) be widely disseminated to the public This information is already widely distributed to employees of hazmat shippers, transport workers, and emergency responders. The hazardous material regulations

(HMR)currently require hazmat shipments to be accompanied by emergency response information to assure that transport workers and emergency responders have sufficient information to protect themselves and others in the event of an accident or other emergency; however, this requirement can be met in a number of ways, including the use of an MSDS form. 20 49 CFR Parts 171-180 PHMSA Federal Express Corp Wants DOT to take full jurisdiction of all transportation safety issues PHMSA has worked with the other Federal agencies to define the limits of DOT's regulations. PHMSA published a rule on this subject in 2004 which is currently the subject of a legal challenge PHMSA's final rule codifies long-standing interpretations and administrative decisions concerning the applicability of DOT's regulations in the overall statutory framework which includes other agencies beyond the scope of DOT's jurisdiction. 21 49 CFR 571.208 NHTSA Evenflo Recommends working with manufacturers to assure appropriate child restraints will be available to conduct occupant crash protection testing and that Appendix A reflects only products currently in production It is not necessary to update Appendix A to remove child restraint systems

(CRS)not currently in production because the appendix is intended to be representative of CRSs in use by the public, not merely those on the market. In addition, in November 2003, NHTSA established a procedure for amending Appendix A—seats will be added or removed when real world usage makes it appropriate. Moreover, manufacturers are provided sufficient lead-time as to the CRSs the agency is using in its compliance tests. 22 23 CFR Part 658 FHWA American Trucking Associations Recommends granting States more flexibility in addressing operational requirements for Longer Combination Vehicle

(LCV)restrictions The LCV “freeze” was put in place by Congress to protect national infrastructure and highway safety. FHWA does not have the authority to amend the LCV “freeze”. 23 49 CFR 392.9 FMCSA American Trucking Associations Recommends eliminating the extra stops necessitated by the en route load securement inspection requirements for certain hazmat and improving the definition of “impermissible cargo movement” to avoid inconsistent enforcement This requirement was discussed during public meetings concerning the development of new cargo securement standards. The model regulations developed through this public meeting process included the cargo securement inspection provision—FMCSA and Canadian Provinces have implemented these model regulations. (See 67 FR 61212, published September 27, 2002.) 24 14 CFR 61.23 FAA Aircraft Owners and Pilots Association Recommends changing the requirement that pilots hold a valid FAA medical certificate when exercising the privileges of a Recreational Pilot certificate to accept a valid driver's license FAA notes that private pilots can fly in the most complex airspace and to many of the nation's busiest airports. Therefore, they should be held to the highest standard of fitness. FAA further notes that, while some medical conditions may be grounds for disqualification, most states rely on voluntary disclosure of disqualifying conditions and test only vision. Therefore, it is not appropriate to make this revision. 25 14 CFR Part 61 FAA Charles Garrison Recommends changing the requirement that all private pilots hold a valid FAA medical certificate to accept a valid driver's license See response above (#24). 26 14 CFR Part 380 FAA Airline Dispatchers Federation Recommends eliminating the distinction between public charters and other operations for purposes of safety DOT believes that it is important to maintain the distinction between economic/consumer protection regulations for Public Charters, in 14 CFR Part 380, and the safety regulations of 14 CFR Parts 121 and 135. The latter parts apply to direct air carriers, with whom the charter operators would contract; they do not apply to the charter operators themselves or to the public charter product which they sell to their customers. 27 49 CFR Part 177 PHMSA American Trucking Associations Recommends requiring edible food to be labeled as edible to facilitate compliance with prohibition on transporting with poisons Current regulations only prohibit transporting poisons and edible food in the same motor vehicle if the food is marked or known to be foodstuffs. PHMSA does not have the authority to require marking of foodstuffs, but will suggest to its contacts in FDA that they may want to address this problem. 28 49 CFR Part 177 PHMSA American Trucking Associations Recommends defining “impermissible movement” This term is not used in the regulations and, therefore, need not be defined. Moreover, PHMSA believes that its more general requirement is a better standard for compliance and enforcement purposes. 29 49 CFR Part 382 OST-OADPC FMCSA American Trucking Associations Recommends allowing carriers to reduce their random testing rate if they have a low violation rate rather than basing it on the industry-wide violation rate The current regulation is a long-standing policy decision based on performance evidence. In addition, it is too difficult, time-consuming, and expensive to enforce the regulations on a carrier by carrier basis. 30 49 CFR Part 365 FMCSA Owner-Operator Independent Drivers Association, Inc Proposes adopting stricter standards for brokers and freight forwarders to include lengthening the protest and review period for broker applications FMCSA does not see a connection between the requested action and the actual problem—brokers not paying the motor carrier for the transportation services rendered. 31 49 CFR 376.12 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends redefining “Party” to a brokered transaction FMCSA believes that the regulations adequately address the owner-operator's rights because the owner-operator must have a written lease agreement with the authorized motor carrier and that agreement must meet the specified requirements, which should be negotiable. 32 49 CFR Part 375 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends eliminating non-binding estimates for household goods moves FMCSA believes that this recommendation is adequately addressed in its recently issued final rule for Transportation of Household Goods Consumer Protection Regulations (see 70 FR 39949) and in household goods provisions adopted as part of SAFETEA-LU. 33 49 CFR 368.6(d) FMCSA Owner-Operator Independent Drivers Association, Inc Recommends revising regulation to allow public protests to applications from Mexico-domiciled carriers for operating authority in the border areas FMCSA considered this issue prior to promulgating its final rule regarding applications for provisional Certificates of Registration (see 67 FR 12654). 34 49 CFR 397.5 FMCSA Owner-Operator Independent Drivers Association, Inc Requests a review and revision of the hours of service and hazmat rules to ensure compatibility FMCSA believes that the rules are not incompatible and that there are various operational ways for a motor carrier to approach this issue and remain in compliance with both sets of rules. FMCSA has addressed this comment in responding to hours of service petitions for reconsideration. 35 49 CFR Pars 40 and 382 FMCSA OST-OADPC Owner-Operator Independent Drivers Association, Inc Suggests several modifications to the drug and alcohol testing program DOT does not see a need to readdress any of these points before this rule is scheduled for its next periodic review in 2007. 36 49 CFR Part 571 NHTSA Porsche Suggests developing a method of implementing new safety requirements that does not jeopardize manufacturers of models with long production cycles by lengthening phase-in periods; establishing a new vehicle category; or establishing longer combined lead-time and phase-in periods across the board NHTSA provides flexible regulatory solutions for long lead times to low volume manufacturers, allowing them to load a higher percentage of their compliance toward the end of the phase-in period than larger volume manufacturers. In addition, many of the lead times are lengthy, to accommodate minimal impact or no impact to mid-cycle redesigns for manufacturers. Moreover, the current regulations provide provisions for small manufacturers to ask for specific exemptions if they are economically burdened by a regulatory change. 37 FTA American Public Transit Association Requests transparency in non-rulemaking matters, including notice and an opportunity to comment on interpretations and policy statements that affect transit authorities FTA will embrace Section 3032 of SAFETEA-LU which should allay these concerns. The Department is putting this on the No Further Action Warranted chart only because it is not tied to any specific regulations. 38 14 CFR 212.10 OST United Air Lines Requests eliminating DOT's authorization of block space arrangements These authorizations serve a number of public interest concerns, including assessing the competitive implications, security risks, and safety of the arrangements and, therefore, no rulemaking action is appropriate at this time. 39 14 CFR 212.10 OST United Air Lines Requests eliminating DOT's authorization of code-sharing arrangements These reviews serve a number of public interest concerns, including assessing the competitive implications, security risks, and safety or the arrangements and, therefore, no rulemaking action is appropriate at this time. 40 14 CFR 211.20 OST United Air Lines Recommends eliminating the requirement that U.S. carriers conduct safety audits of their foreign code-share partners To the extent that U.S. carriers represent and sell seats on foreign air carriers as if they were their own, it is reasonable to ask them to bear some responsibility for ensuring the safety of those passengers. 41 OST United Air Lines Requests DOT issue regulations precisely defining what constitutes a “joint venture agreement” for purposes of triggering statutory filing requirements The statute specifies certain types of joint venture agreements that must be filed for review and authorizes the Secretary to require certain additional types of agreements be filed for review. DOT believes that the statute is sufficiently clear and that regulations would add little additional clarity. 42 DOT United Air Lines Requests DOT exercise restraint in its reviews of airline operational events DOT does not dispute the need for appropriate restraint. However, this request does not require rulemaking. 43 49 CFR Part 177 PHMSA American Trucking Associations Recommends developing a National Response Center or web-based database that carriers can tap into to find out which regulations apply because immediate notice of a hazmat spill is unduly burdensome Immediate notification is essential and PHMSA does not consider its “as soon as practicable, but no more than 12 hours after an incident occurs” to be unduly burdensome. PHMSA also believes that the cost of creating and maintaining a Federal database that would include all state and local reporting requirements would be prohibitive. 44 49 CFR Parts 171-180 PHMSA United Air Lines Recommends requiring each hazmat shipper provide general awareness training to all of its employees PHMSA currently requires training for all employees who, during the course of their employment, affect the safe transportation of hazardous materials and estimates the requirement covers approximately 1.4 million individuals. PHMSA believes the regulations already cover the employee population in question. A significant increase in the number of employees subject to training would be cost prohibitive without a measurable safety impact. PHMSA and other DOT modes will continue to bring enforcement actions against shippers of undeclared hazmat. 45 49 CFR Parts 171-180 PHMSA United Air Lines Recommends requiring carriers of hazmat packages to leave a copy of the shipping papers, including full hazmat description, with the consignee in order to avoid reshipping of unpackaged hazmat cartons PHMSA believes consignees receive more than sufficient information and the cost to impose such an additional requirement would not be offset by any tangible benefit to safety. 46 49 CFR Parts 171-180 PHMSA United Air Lines Recommends reaching out to small businesses to inform them of hazmat regulations PHMSA agrees that HMR compliance should be the subject of an extensive outreach campaign, specifically to small businesses. Although PHMSA currently has an extensive outreach program for small businesses, the agency is open to suggestions for improving its program. 47 49 CFR Parts 171-180 PHMSA United Air Lines Recommends urging OSHA to require complete hazmat descriptions as part of all MSDSs PHMSA does not have the authority to change the information on the MSDS, but will suggest to its contacts at OSHA that they might want to address this problem. 48 49 CFR Parts 171-180 PHMSA United Air Lines Recommends revitalizing DOT's work with the United Nations and the international community to harmonize hazmat shipping requirements PHMSA and the Department are both very active in working with the international community to ensure consistency in its regulations and international standards. PHMSA currently represents the U.S. on various international and UN technical committees. Because of difference of opinion in terms of safety issues, cost impacts, and issues related to compliance with the Administrative Procedure Act, there are instances where DOT regulations will vary from the international standards. Regardless, the Department will continue to seek ways in which to further harmonize global standards and would be receptive to further discussions. 49 14 CFR Part 119.53 FAA National Air Carrier Association Suggests

(1)allowing operations under a wet lease to continue while FAA reviews the lease and

(2)eliminating subsection

(f)because the special authority is unnecessary where the appropriate air carrier already has charter authority for the route These regulations were implemented to codify FAA policy. The review of lease arrangements prior to operations is necessary to confirm that each party to the wet lease holds the necessary operating and economic authority. For this reason, FAA does not intend to take further action. 50 14 CFR Part 121 FAA National Air Carrier Association Regional Airline Association Suggests rescinding the recent change to Part 121 prohibiting an employer form hiring an employee to conduct safety-sensitive functions unless the employer first conducts pre-employment drug testing and receives a negative result In 1994, the FAA revised its “prior to hire” requirement and implemented a prior to performing safety-sensitive functions. This was amended in 2004 to return to the original “prior to hire” standard because communications with industry and enforcement cases revealed that some employers misunderstood the requirement and employees who were performing safety-sensitive functions would subsequently test positive for illegal drug use. In addition, FAA considered the reasons behind this suggestion as part of the public comment process prior to publishing its final rule in January 2004. For this reason, FAA does not intend to take further action. 51 PHMSA Association of Hazmat Shippers Recommends that agencies do not issue regulations that go into effect prior to allowing public comment Agencies have the legal authority to issue rules without notice and comment and must occasionally use that authority to respond to emergencies and other situations that meet the statutory standard. 52 49 CFR Part 582 NHTSA National Automobile Dealers Association Recommends pursuing the elimination of statutory requirements regarding mandatory distribution of insurance cost information booklets to dealerships NHTSA recognizes that these data only have limited usefulness to consumers, given that most insurance information is driver-specific, not vehicle-specific. However, it fulfills a statutory mandate. 53 49 CFR Part 583 NHTSA National Automobile Dealers Association Recommends pursuing the elimination of statutory requirements regarding parts content labeling NHTSA has indicated on several occasions that, while a number of parties continue to have objections to the current labeling program, the objections are with the underlying statute. Any significant changes need to come from Congress. 54 49 CFR Part 595 NHTSA National Automobile Dealers Association Recommends improving outreach regarding alteration and modification activities to aid small business compliance and enhance transportation safety Significant outreach efforts have and will continue to be expended. NHTSA reaches out to and travels to industry organizations to update them on regulatory requirements of relevance to their members and encourages them to share that information. NHTSA continues to be open to considering specific recommendations to improve its outreach. 55 OST Regional Aviation Partners Recommends immediately implementing section 402 (fuel subsidies) of Vision 100 While section 402 allows the Department to increase fuel compensation rates without regard to negotiated contracts in the event that air carriers experience significant increased costs, it is impracticable for the Department to do so given the limited funding for the program. 56 OST Regional Aviation Partners Recommends giving greater weight and consideration to community preferences in awarding Essential Air Service

(EAS)contracts The program already affords significant weight to community views. However, this is only one of the factors considered, and the Department continues to need flexibility to consider all factors. 57 FTA New York MTA Suggests several technical changes to FTA program requirements, including reporting requirements for the national transit database Some of the issues raised are controlled by statute and cannot be addressed. The remaining data issues address data necessary for FTA to assure that it is exercising its authority properly. 58 FTA New York MTA Suggests several technical changes to FTA program requirements, including Clean Air Act regulations pertaining to transportation projects These issues were highly negotiated by EPA and DOT prior to adopting the program requirements. FTA does not agree that these issues need to be readdressed at this time. 59 FTA New York MTA Suggests several technical changes to FTA program requirements, including amending the Congestion Mitigation and Air Quality

(CMAQ)program Eligibility for CMAQ funds is limited to programs and projects that help the nonattainment area attain the national ambient air quality standards. Because of the basic statutory objective of this program, there is no leeway to extend eligibility to routine maintenance and rehabilitation. 60 26 CFR 1.132-9 FTA New York MTA Suggests several technical changes to FTA program requirements, including increasing transit subsidies and extending them to include parking This is an IRS regulation that FTA cannot amend. 61 23 CFR 658.5 FHWA National Association of Home Builders Suggests modifying the truck height and width regulation to accommodate transportation of modular housing on the National Network The provisions governing this issue are Congressionally defined. Therefore, FHWA does not have the authority to make this change. 62 FHWA, FTA California Federal Programming Group Recommends improving coordination among DOT databases and making them more user-friendly The Fiscal Management Information System

(FMIS)is FHWA's primary information system for tracking individual Federal-aid highway projects. Since the data in the system is highway specific, there is no purpose in coordinating the FMIS with other non-highway DOT databases. FHWA believes that FMIS is reasonably user-friendly and provides training and assistance to users. 63 49 CFR Part 398 FMCSA Owner-Operator Independent Drivers Association, Inc Recommends eliminating unique rules for migrant workers A comprehensive review of this part occurred in the early 1990s and the decision was made not to remove the migrant workers rules. (Authority: 5 U.S.C. 610; E.O. 12866, 58 FR 51735, Oct. 4, 1993) Issued this 14th day of April, 2006, at Washington, DC. Norman Y. Mineta, Secretary of Transportation. [FR Doc. 06-5240 Filed 6-9-06; 8:45 am]

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