Notices. Notice; Record of Decision

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BILLING CODE 3510-JT-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2006 Record of Decision

(ROD)on the Canaan Valley Institute

(CVI)Office Complex Final Environmental Impact Statement

(FEIS)AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice; Record of Decision. SUMMARY: NOAA is issuing this notice to advise the public that an ROD has been approved and issued for the CVI Office Complex FEIS. NOAA signed the ROD on June 1, 2006. ADDRESSES: Requests for copies of the ROD may be directed to Mr. Jim Rawson of the CVI at 800.922.3601. The ROD is available for public review (upon request) at the CVI, Buxton and Landstreet Building, Douglas Road, Thomas, WV 26292. Arrangements to review this information during, as well as outside of standard business hours, may be made by contacting Mr. Jim Rawson of the CVI at the number listed above. FOR FURTHER INFORMATION CONTACT: Requests for further information concerning the FEIS or the ROD may be directed to Mr. Jim Rawson of the CVI at 800.922.3601. Copies of the 2006 ROD were mailed directly to those persons who requested they be on the project mailing list and who provided comments on the FEIS. SUPPLEMENTARY INFORMATION: The Selected Alternative for the CVI Office Complex is Alternative G and the Yellow Creek Site. This alternative was identified as the Recommended Preferred Alternative in the Draft Environmental Impact Statement

(DEIS)and as the Selected Alternative in the FEIS. The proposed project is the construction of a new facility that would consist of offices, classrooms, laboratories, a 250-seat auditorium, parking facilities, outdoor classrooms, and interpretive areas. As part of the project, a roadway will be constructed to access the facility from a major highway. The physical footprint of the facility complex will require approximately 4 acres of earth disturbance. The access roadway construction would disturb approximately 5 acres. The facility will be “zero discharge”, incorporating Clivus Multrum, Inc. composting ( *http://www.clivusmultrum.com/compostingtoilet.html* ) and living machine/drip irrigation systems to treat waste and waste water. Natural gas turbines will be the primary electricity source. Natural gas will be purchased from local producers. Rainwater will be collected through a series of cisterns and used for non-potable uses such as irrigation. Locally obtained building materials will be used when possible. Energy efficient materials and designs will be incorporated throughout the entire facility. Storm water discharge features will include vegetated swales, rain gardens, and “green” or vegetated roofs. Based upon its ability to meet the identified project needs; upon engineering parameters, environmental effects, public input, and environmental resource agency input, Alternative G and the Yellow Creek Site is the environmentally preferable alternative and has been identified as the Selected Alternative in the FEIS. Dated: June 7, 2006. Sharon Schroeder, Program Policy Division, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. E6-9140 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 030602141-6145-39; I.D. 060506A] John H. Prescott Marine Mammal Rescue Assistance Grant Program; Main Hawaiian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of financial assistance. SUMMARY: The John H. Prescott Marine Mammal Rescue Assistance Grant Program (Prescott Grant Program) provides funding to eligible marine mammal stranding network participants to fund the recovery or treatment (i.e., rescue and rehabilitation) of stranded marine mammals, data collection from living or dead stranded marine mammals for scientific research regarding marine mammal health, and facility operations directly related to the recovery or treatment of stranded marine mammals and collection of data from living or dead stranded marine mammals. The Prescott Grant Program is administered through the NMFS Marine Mammal Health and Stranding Response Program (MMHSRP). As stranding services have become unavailable in the crucial geographic area of the main Hawaiian Islands, the Prescott Grant Program is making this special announcement to inform the public of the availability of funding up to $200,000 for marine mammal stranding response and rehabilitation activities in this area. The annual competitive cycle of the Prescott Grant Program will be announced separately. DATES: Applications must be submitted no later than 11:59 p.m. EST on June 27, 2006. Applications received after that time will not be considered for funding. ADDRESSES: Applications should be submitted via *www.grants.gov* . If www.grants.gov cannot reasonably be used, applications must be postmarked, or provided to a delivery service and documented with a receipt, by June 27, 2006, and mailed to: NOAA Fisheries, Office of Protected Resources, Prescott Grant Program (F/PR2), 1315 East West Highway, Silver Spring, MD 20910-3282. ATTN: Prescott Hawaii. No facsimile or electronic mail applications will be accepted. Electronic Access to the full funding announcement for this program is available via the Grants.gov Web site: *http://www.grants.gov* . The announcement will also be available at the Program Web site: *http://www.nmfs.noaa.gov/pr/health/prescott/* or by contacting the program official identified below. All application requirements contained in the full funding announcement must be adhered to in submitted proposals. FOR FURTHER INFORMATION CONTACT: Sarah Wilkin,

(301)713-2322, or by e-mail at *sarah.wilkin@noaa.gov* SUPPLEMENTARY INFORMATION: Background The Marine Mammal Rescue Assistance Act of 2000 amended the Marine Mammal Protection Act

(MMPA)to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program (16 U.S.C. 1421f-1). An annual competition is conducted for stranding network organizations nationwide. Stranding response services have become unavailable in the crucial geographic area of the main Hawaiian Islands. For this reason, the Prescott Grant Program is making this special announcement of the availability of funds for stranding response in the main Hawaiian Islands outside of the annual competitive cycle, which will be announced separately. This document describes how to submit proposals for funding under this special announcement of the Prescott Grant Program and how we will determine which proposals will be funded. The Prescott Grant Program is conducted by the Secretary of Commerce to provide Federal assistance to eligible stranding network participants (see section I.E. of this document) for

(A)basic needs of organizations for response, treatment, and data collection from living and dead stranded marine mammals,

(B)scientific research objectives designed to answer questions about marine mammal strandings, health, or rehabilitation techniques utilizing data from living and dead stranded marine mammals, and

(C)facility operations directly related to the recovery, treatment, and data collection from living and dead stranded marine mammals and investigation of scientific research objectives designed to answer questions about marine mammal strandings, health, or rehabilitation techniques utilizing data from living and dead stranded marine mammals. For purposes of this document, a stranded marine mammal is a marine mammal in the wild that is

(1)dead and on a beach, shore, or in waters under the jurisdiction of the United States or

(2)is live and on a beach or shore of the United States and unable to return to the water, is in apparent need of medical attention, or is in waters under the jurisdiction of the United States but is unable to return to its natural habitat under its own power or without assistance. The Prescott Grant Program is administered through the Marine Mammal Health and Stranding Response Program (MMHSRP) of the National Marine Fisheries Service (NMFS). Electronic Access Information on marine mammal stranding response and rehabilitation projects funded to date under the Prescott Grant Program can be found on the World Wide Web at: *http://www.nmfs.noaa.gov/pr/health/prescott* . As has been the case since October 1, 2004, applicants can access the full funding announcement and download and submit electronic grant applications for NOAA Financial Assistance at the Grants.gov Web site: *http://www.grants.gov* . Applicants responding to this soliciation are strongly encouraged to submit applications through the Grants.gov web site (see ADDRESSESS ). Initiative Priorities For this solicitation, all applications must fall within one of the following two priorities. The priorities are not listed in any particular order and each is of equal importance. Note that the purpose of the priority list is to guide applicants in application development by identifying those applications that will best compete during this grant cycle for these limited funds, and to provide technical reviewers with guidance for their evaluations. Details of the priorities are as follows: 1. Enhance network operations to respond to, transport, sample, necropsy, analyze, and dispose of dead stranded marine mammals, including the collection, reporting and sharing of quality Level A, B, and C data, while protecting human health. This may include purchase of supplies and equipment or salary support for veterinary and staffing needs. Specific concerns are:

(1)To conduct thorough necropsies to enhance the ability to detect human-interaction and human-induced injuries and mortalities (e.g. entanglements, hookings and gear interaction, and boat strikes);

(2)to diagnose and investigate marine mammal disease; and

(3)training for network members and members of the general public. 2. Enhance network operations to respond to, rescue, transport, treat, rehabilitate, and humanely euthanize, when necessary, live stranded marine mammals that are sick or injured, while protecting human health. These Program priorities pertain only to species that are under the authority of the Department of Commerce (cetaceans and pinnipeds, except walrus) as stated in the MMPA. Additionally, proposals for stranding response and rehabilitation of Hawaiian monk seals will not be accepted under this competition. No Prescott funds under this competition will go towards basic scientific research on non-stranded marine mammals (i.e., wild population studies). In addition, no projects involving construction of new facilities for the rescue and rehabilitation of stranded marine mammals will be considered; however, construction projects in established facilities (i.e., those that involve build-outs, alterations, upgrades and renovations) would be appropriate for Category C projects. NOAA will consider funding more than one project under a single award; however, all projects should be sufficiently developed as per the guidelines and information requirements listed in this document for an application to be competitive, and all projects should be able to be completed within the award period specified below. Applicants are advised to review the *Interim Policies and Best Practices for Marine Mammal Stranding Response, Rehabilitation and Release* (available on our Web site at: *http://www.nmfs.noaa.gov/pr/health/eis.htm* ) before submitting their proposed projects. Funding Availability Funding of up to $200,000 is expected to be available for stranding response in the main Hawaiian Islands. The maximum Federal award for each grant cannot exceed $100,000, as stated in the legislative language (16 U.S.C. 1421f-1). NOAA does not guarantee that sufficient funds will be available to make awards for all proposals. Publication of this document does not obligate NOAA to award any specific project or obligate all or any parts of any available funds. There is no limit on the number of proposals that may be submitted by the same stranding network participant during this competition, nor is there any limit on the number of proposals that may be funded to a single institution; however, only $200,000 is expected to be available at this time. Applicants with current or previous Prescott funding may apply and receive funds under this competition in addition to any active or future awards, including the FY 2007 Prescott competition (announced separately). Authority The Marine Mammal Rescue Assistance Act of 2000 amended the MMPA to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program (16 U.S.C. 1421f-1). Catalog of Federal Domestic Assistance 11.439, Marine Mammal Data Program. Eligibility There are 3 categories of eligible stranding network participants that may apply for funds under this Program:

(1)Stranding Agreement or Letter of Agreement (SA/LOA) holders;

(2)researchers; and,

(3)state, local, or tribal government employees. In this competition, applicants without an organizational history within the stranding network may be considered, provided that the Principal Investigator and Co-Investigators demonstrate the appropriate experience to carry out the proposed activities. Award recipients should be participants in the Hawaiian Islands Marine Mammal Response Network as SA/LOA holders, researchers, or 109(h) responders (government employees) at the time the award is made, unless extenuating circumstances exist. Guidance regarding eligibility status is available from the Full Funding Opportunity posted on Grants.gov or from Program staff (see FOR FURTHER INFORMATION CONTACT ). The Department of Commerce/National Oceanic and Atmospheric Administration (DOC/NOAA) is strongly committed to broadening the participation of historically black colleges and universities, Hispanic-serving institutions, tribal colleges and universities, and institutions that work in under served areas. The Prescott Grant Program encourages proposals from or involving any of the above institutions. Cost Sharing Requirements All proposals submitted must provide a minimum non-Federal cost share of 25 percent of the total budget (i.e., .25 x total project costs > total non-Federal share), as stated in the legislative language (16 U.S.C. 1421f-1). For assistance in calculating the required match, please use the cost-share calculator on our Web site at: *http://www.nmfs.noaa.gov/pr/health/prescott/proposals/costshare.htm* . Match to NOAA funds can come from a variety of public and private sources and can include in-kind goods and services and volunteer labor. Federal funds are not considered matching funds. Applicants are permitted to combine contributions from multiple non-Federal partners in order to meet the 25-percent match expected, as long as such contributions are not being used to match any other funds. Applicants whose proposals are selected for funding will be bound by the percentage of cost-sharing reflected in the award document signed by the NOAA Grants Officer. Successful applicants should be prepared to carefully document matching contributions, including the overall number of volunteers and in-kind participation hours devoted to stranding response. Match must be applied to the project during the award period. Intergovernmental Review Applications under this initiative are subject to the provisions of Executive Order 12372, Intergovernmental Review of Federal Programs. Applicants are required to complete item 16 on SF-424 regarding clearance by the State Single Point of Contact

(SPOC)established as a result of the Executive Order. To find out about and comply with a State's process under Executive Order 12372, the names, addresses and phone numbers of participating SPOC's are available on the Internet at: *http://www.whitehouse.gov/omb/grants/spoc.html* . Evaluation and Selection Criteria and Procedures Peer reviewers will assign scores to proposals ranging from 0 to 100 points in each of the five standard NOAA evaluation criteria. Scores will be weighted as specified: 1. *Importance and Applicability of Proposal (weight 40 percent)* This criterion ascertains whether there is intrinsic value in the proposed work and/or relevance to NOAA, Federal, regional, state or local activities. 2. *Technical/Scientific Merit (weight 30 percent)* This criterion assesses whether the approach is technically sound and/or innovative, if the methods are appropriate, and whether there are clear project goals and objectives. 3. *Overall Qualifications of Applicants (weight 10 percent)* This criterion ascertains whether the applicant possesses the necessary education, experience, demonstrated commitment, training, facilities, and administrative resources to accomplish the project. 4. *Project Costs (weight 10 percent)* This criterion evaluates the project's budget to determine if it is realistic and commensurate with the project needs and time-frame. 5. *Outreach and Education (weight 10 percent)* NOAA assesses whether the project provides a focused and effective education and outreach strategy regarding NOAA's mission to protect the Nation's natural resources. Further explanation of the evaluation criteria and their specific application to this competition can be found in the Full Funding Opportunity available at grants.gov. Applications will be initially screened by NOAA staff to determine if they are eligible, complete and in accordance with instructions detailed in the standard NOAA Grants Application Package. Proposals that pass the initial screening will undergo a technical and merit review, ranking, and selection process. Applications will be evaluated by at least three individual peer reviewers from outside of the state of Hawaii, according to the criteria and weights described in this solicitation. No consensus advice will be provided by the peer reviewers. The proposals will be rated, and reviewer comments and composite project scores and a rank order will be presented to the merit review panel, which will consist of the NMFS Pacific Islands Regional Marine Mammal Response Coordinator, the National Stranding Coordinator, the Prescott Grant Manager, and other MMHSRP staff as appropriate. The merit review will use the peer review comments and application materials in making recommendations regarding equitable distribution of funds among regions, in ranking all proposals recommended for funding, and in justifying any discrepancies between the peer reviewers' comments and the merit reviewers' recommendations. The merit review will prepare a recommendation to the Selecting Official, the Director of the Office of Protected Resources. The Selecting Official will select the proposals to be recommended to the Grants Management Division

(GMD)for funding and will determine the amount of funds available for each approved proposal. The proposals shall be recommended in rank order unless the proposal is justified to be selected out of rank order based upon one or more of the following factors: 1. The availability of funding; 2. The balance/distribution of funds:

(a)Geographically,

(b)by type of institutions,

(c)by type of partners,

(d)by research areas, and

(e)by project types; 3. Duplication of other projects funded or considered for funding by NOAA and/or other Federal agencies; 4. Initiative priorities and policy factors as set out in the Full Funding Opportunity available on grants.gov; 5. The applicant's prior award performance; 6. Partnerships and/or participation of targeted groups; and 7. Adequacy of information necessary for NOAA staff to make a NEPA determination and draft necessary documentation before funding recommendations are acted upon by GMD. Hence, awards may not necessarily be made to the highest scoring proposals. Unsuccessful applicants will be notified that their proposal was not among those recommended for funding. Unsuccessful applications submitted in hard copy will be kept on file for at least one year and then destroyed. Every effort will be made to award these grants as quickly as possible, in order to minimize the lapse in stranding network coverage in the state of Hawai'i. NOAA suggests reasonable start dates of summer or fall 2006. National Environmental Policy Act

(NEPA)NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA), for applicant projects or proposals which are seeking NOAA Federal funding opportunities. Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA website: *http://www.nepa.noaa.gov/* , including our NOAA Administrative Order 216-6 for NEPA, *http://www.nepa.noaa.gov/NAO216_6_TOC.pdf* , and the Council on Environmental Quality implementation regulations, *http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm* ). Consequently, as part of an applicant's package, and under their description of their program activities, applicants are required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals, introduction of non-indigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting of an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying and implementing feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for the denial of an application. Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the **Federal Register** notice of December 30, 2004 (69 FR 78389) are applicable to this solicitation. Limitation of Liability In no event will NOAA or the Department of Commerce be responsible for proposal preparation costs if this initiative fails to receive funding or is cancelled because of other agency priorities. Publication of this announcement does not oblige NOAA to award any specific project or to obligate any available funds. Recipients and sub-recipients are subject to all Federal laws, agency policies, regulations and procedures applicable to Federal financial assistance awards. Paperwork Reduction Act This notification involves collection-of-information requirements subject to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, and SF-LLL and CD-346 has been approved by the Office of Management and Budget

(OMB)under OMB control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046 and 0605-0001 respectively. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 12866 It has been determined that this notice is not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/Regulatory Flexibility Act Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act or any other law for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: June 7, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-9205 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [I.D. 051806G] Marine Mammals and Endangered Species; National Marine Fisheries Service File No. 31-1741; U.S. Fish and Wildlife Service File No. MA081663 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA); U.S. Fish and Wildlife Service (FWS), Interior. ACTION: Notice; receipt of application for amendment. SUMMARY: Notice is hereby given that the Wildlife Conservation Society (WCS), 2300 Southern Blvd., Bronx, NY 10460 (Dr. Howard C. Rosenbaum, Principal Investigator) has requested an amendment to scientific research Permit No. 31-1741/MA081663. DATES: Written or telefaxed comments must be received on or before July 13, 2006. ADDRESSES: The application request and related documents are available for review upon written request or by appointment in the following office(s): U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, VA 22203; phone

(800)358-2104; fax

(703)358-2281; and Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone

(301)713-2289; fax

(301)427-2521. Written comments or requests for a public hearing on this application should be mailed to the Chief, Branch of Permits, Division of Management Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700, Arlington, VA 22203. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at

(703)358-2281, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *managementauthority@fws.gov* ; include in the subject line of the e-mail comment the following document identifier: File No. 31-1741/MA081663. FOR FURTHER INFORMATION CONTACT: Monica Farris, Division of Management Authority, US Fish and Wildlife Service,

(703)358-2104. SUPPLEMENTARY INFORMATION: The subject permit amendment is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 *et seq.* ) and the regulations governing the taking and importing of marine mammals (50 CFR parts 18). The WCS Conservation Genetics Program, a collaboration between WCS and the American Museum of Natural History, maintains one of the largest collections of marine mammal tissues and specimens in the world. WCS wishes to amend their current permit to obtain, import and export/re-export specimens and materials from polar bears ( *Ursus maritimus* ), including shed hair, feces, and DNA and tissue samples from the wild, tissue banks, and collaborators. Such tissues would be obtained by co-investigators or other named individuals and institutions working under their own permits. Export of specimens or tissues, irrespective of their source, would be made on temporary loan basis only to bona fide institutions for the sole purpose of exhibit or scientific research. The permit would be amended for the remainder of the 5-year period of the currently authorized permit. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), an initial determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the **Federal Register** , FWS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: June 7, 2006. Charlie R. Chandler, Chief, Branch of Permits, Division of Management Authority, U.S. Fish and Wildlife Service. Dated: June 7, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-9208 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 050406A] Small Takes of Marine Mammals Incidental to Specified Activities; Movement of Barges through the Beaufort Sea between West Dock and Cape Simpson or Point Lonely, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of application and proposed incidental harassment authorization; request for comments. SUMMARY: NMFS has received a request to authorize FEX L.P. (FEX), a subsidiary of Talisman Energy, Inc. to take small numbers of marine mammals by harassment incidental to conducting a barging operation within the U.S. Beaufort Sea. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to authorize FEX to incidentally take, by harassment, small numbers of bowhead whales, beluga whales, ringed seals, bearded seals, and spotted seals in the above mentioned area between approximately July 1 and November 30, 2006. DATES: Comments and information must be received no later than July 13, 2006. ADDRESSES: Comments on the application should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by telephoning the contact listed here. The mailbox address for providing e-mail comments is *PR1.050406A@noaa.gov* . Comments sent via e-mail, including all attachments, must not exceed a 10-megabyte file size. A copy of the application containing a list of the references used in this document may be obtained by writing to this address or by telephoning the contact listed here and is also available at: *http://www.nmfs.noaa.gov/pr/permits/incidental.htm* . Documents cited in this notice may be viewed, by appointment, during regular business hours, at this address. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS,

(301)713-2289, ext 137, or Brad Smith, Alaska Region, NMFS,

(907)271-3023. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and

(D)of the MMPA (16 U.S.C. 1361 *et seq.* ) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as ”* * *an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which

(i)has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or

(ii)has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On April 5, 2006, NMFS received an application from ASRC Energy Services, Lynx Enterprises, Inc. (AES Lynx) on behalf of FEX for the taking of several species of marine mammals incidental to the movement of two tugs towing barges in the U.S. Beaufort Sea. Marine barges would be transporting drilling rig(s), consumables, fuel, essential construction equipment and supplies from the West Dock Causeway to Cape Simpson or Point Lonely. Equipment would be staged and stored in preparation for the upcoming winter on-shore oil and gas drilling and testing season. Barges proposed for the marine lift from the West Dock Causeway include but are not limited to: Crowley Marine *Kavik River* and the *Sag River* (1,100 horsepower each) tugs, and *Bowhead Stryker* or *Garrett* (two engines x 220 horsepower each) barges or comparable class vessels. Additional barges and support vessels may be utilized as available and needed. Barges would be moving at a speed at about 5 - 6 knots. From West Dock Causeway, it would take approximately 17.5 hours one way for a barge to reach Point Lonely and 22 hours to Cape Simpson. FEX plans to start barging activities in the early summer of 2006, would make every effort to avoid periods of bowhead whale fall westward migration and subsistence activities, and would complete the barging by September 1, 2006. Ice, weather conditions, and other possible operational considerations may affect the timing of the barge activity, resulting in some activities taking place beyond the scheduled target dates. If necessary, a late season barging effort may be required after September 1, 2006. FEX has entered a Conflict Avoidance Agreement

(CAA)with the Alaska Eskimo Whaling Commission

(AEWC)to obtain approvals from AEWC if barging activities occur during the September 1 - October 15 subsistence whaling period. Operations to support winter on-shore drilling operations may include a winter trail on landfast sea ice. FEX has determined that this operation will not result in incidental takes of marine mammals. Description of Marine Mammals Affected by the Activity The Beaufort Sea supports many marine mammals under NMFS jurisdiction, including Western Arctic bowhead whales (Balaena mysticetus), Beaufort Sea stock of beluga whales ( *Delphinapterus leucas* ), ringed seals ( *Phoca hispida* ), bearded seals ( *Erignathus barbatus* ) and spotted seals ( *Phoca largha* ). Only the bowhead whale is listed as endangered under the Endangered Species Act

(ESA)and designated as “depleted” under the MMPA. The Western Arctic stock of bowhead whales has the largest population size among all 5 stocks of this species (Angliss and Lodge, 2004). A brief description of the distribution, movement patterns, and current status of these species can be found in the FEX application. More detailed descriptions can be found in NMFS Stock Assessment Reports (SARs). Please refer to those documents for more information on these species. The SARs can be downloaded electronically from: *http://www.nmfs.noaa.gov/pr/sars/species.htm* . The FEX application is also available on-line (see ADDRESSES ). Potential Effects of Tug/Barge Operations and Associated Activities on Marine Mammals Level B harassment of marine mammals may result from the noise generated by the operation of towing vessels during barge movement. The physical presence of the tugs and barges could also lead to disturbance of marine mammals by visual or other cues. The potential for collisions between vessels and whales will be essentially zero due to the slow tow speed (5 - 6 knots) and visual monitoring by on-board marine mammal observers. Marine mammal species with the highest likelihood of being harassed during the tug and barge movements are: beluga whales, ringed seals, and bearded seals. Bowhead whales are not expected to be encountered in more than very small numbers during the planned period of time for the tug/barge movement because the most of them will be on their summer feeding grounds in the eastern Beaufort Sea and Amundsen Gulf of the Canadian waters (Fraker and Bockstoce, 1980; Shelden and Rugh, 1995). A few transitory whales may be encountered during the transits. Beluga whales occur in the Beaufort Sea during the summer, but are expected to be found near the pack ice edge north of the proposed movement route. Depending on seasonal ice conditions, it is possible that belugas may be encountered during the transits. Based on past surveys, ringed seals should represent the vast majority of marine mammals encountered during the transits. Ringed seals are expected to be present all along the tug/barge transit routes. There is the possibility that bearded and spotted seals would also be taken by Level B harassment during transit. Spotted seals may be present in the West Dock/Prudhoe Bay area, but it is likely that they may be closer to shore and, therefore, are not expected to be harassed during transit phase. Numbers of Marine Mammals Expected to Be Taken The number of marine mammals that may be taken as a result of the tug/barging operation is unpredictable. Operations are scheduled to occur prior to the westward migration and associated subsistence bowhead whale hunts to purposely avoid any take of this species. Noise disturbance from vessels might qualify as harassment to marine mammals, but previous surveys have indicated little behavioral reaction from these animals to slow-moving vessels. Effects on Subsistence Needs Residents of the village of Barrow are the primary subsistence users in the activity area. The subsistence harvest during winter and spring is primarily ringed seals, but during the open-water period both ringed and bearded seals are taken. Barrow hunters may hunt year round; however in more recent years most of the harvest has been in the summer during open water instead of the more difficult hunting of seals at holes and lairs (McLaren 1958, Nelson 1969). The Barrow fall bowhead whaling grounds, in some years, includes the Cape Simpson and Point Lonely areas (e.g. the 1990 season, when a large aggregation of feeding bowheads were pursued by Barrow hunters). The most important area for Nuiqsut hunters is off the Colville River Delta in Harrison Bay, between Fish Creek and Pingok Island (149° 40′ W). Seal hunting occurs in this area by snow machine before spring break-up and by boat during summer. Subsistence patterns are reflected in harvest data collected in 1992 where Nuiqsut hunters harvested 22 of 24 ringed seals and all 16 bearded seals during the open water season from July to October (Fuller and George, 1997). Harvest data for 1994 and 1995 show 17 of 23 ringed seals were taken from June to August, while there was no record of bearded seals being harvested during these years (Brower and Opie, 1997). Due to the transient and temporary nature of the barge operation, impacts upon these seals are not expected to have an unmitigable adverse impact on subsistence uses of ringed and bearded seals because:

(1)Transient operations would temporarily displace relatively few seals;

(2)displaced seals would likely move only a short distance and remain in the area for potential harvest by native hunters;

(3)studies at the Northstar development found no evidence of the development activities affecting the availability of seals for subsistence hunters; however, the Northstar vicinity is outside the areas used by subsistence hunters (Williams and Moulton, 2001);

(4)the area where barge operations would be conducted is small compared to the large Beaufort Sea subsistence hunting area associated with the extremely wide distribution of ringed seals; and

(5)the barging, as scheduled, will be completed prior to beginning of the fall westward migration of bowhead whales and the associated subsistence activities by the local whalers. In order to further minimize any effect of barge operations on the availability of seals for subsistence, the tug boat owners/operators will follow U.S. Coast Guard rules and regulations near coastal water, therefore avoiding hunters and the locations of any seals being hunted in the activity area, whenever possible. While no impact is anticipated on the availability of marine mammal species and stocks for subsistence uses, FEX has entered a CAA with the AEWC for any of the barging activities that may occur during the subsistence whaling period from September 1 - October 15. The FEX's activities will comply with the CAA prior to the autumn bowhead hunt by the residents of Kaktovik (Barter Island), Nuiqsut (Cross Island) and Barrow Native villages. Ice, bad weather conditions, and other possible operational considerations may affect the timing of the barge activity and may require that some activities take place beyond the scheduled target dates. Mitigation and Monitoring FEX proposes to mitigate any potential negative impacts from its barging operation by conforming with the CAA with native whalers and operations as per the Plan of Operations. Other mitigation measures include use of native subsistence advisor/marine mammal observers trained by qualified marine biologists and communications with subsistence whaling activities so as to avoid deflection or other disturbances to migrating mammals and subsistence hunting activities. During all tug/barging operations, FEX will have on-board marine mammal monitors throughout the transit. As part of its application, FEX proposes to conduct a visual monitoring program for assessing impacts to marine mammals during the barge transits. FEX proposes to initiate a comprehensive training program for all potential marine mammal observers that includes learning the identification and behavior of all local species known to use the areas where FEX will be operating. This training would be conducted by professional marine biologists and experienced Native observers participating in the monitoring program. The observer protocol would be to scan the area around vessels with binoculars of sufficient power. Range finding equipment will be supplied to observers in order to better estimate distances. Observers would collect data on the presence, distribution, and behavior of marine mammals relative to FEX activities as well as climatic conditions at the time of marine mammal sightings. Observations would be made on a nearly 24-hour basis. Reporting All monitoring data collected would be reported to NMFS on a weekly basis. FEX must provide a final report on 2006 activities to NMFS within 90 days of the completion of the activity. This report will provide dates and locations of all barge movements and other operational activities, weather conditions, dates and locations of any activities related to monitoring the effects on marine mammals, and the methods, results, and interpretation of all monitoring activities, including numbers of each species observed, location (distance) of animals relative to the barges, direction of movement of all individuals, and description of any observed changes or modifications in behavior. ESA Consultation The effects of oil and gas exploration activities in the U.S. Beaufort Sea on listed species, which includes barging transportation activity, were analyzed as part of a consultation on oil and gas leasing and exploration activities in the Beaufort Sea, Alaska, and authorization of incidental takes under the MMPA. A biological opinion on these activities was issued on May 25, 2001. The only species listed under the ESA that might be affected during these activities are bowhead whales. The effects of this proposed IHA on bowhead whales will be compared with the analysis contained in the 2001 biological opinion. NMFS will determine whether the effects of the proposed activity are consistent with the findings of that biological opinion, and, accordingly, NMFS will decide whether an Incidental Take Statement under section 7 of the ESA will be issued prior to making a final determination of issuing the IHA. National Environmental Policy Act

(NEPA)On February 5, 1999 (64 FR 5789), the Environmental Protection Agency

(EPA)noted the availability of a Final Environmental Impact Statement (Final EIS) prepared by the U.S. Army Corps of Engineers under NEPA on Beaufort Sea oil and gas development at Northstar. NMFS was a cooperating agency on the preparation of the Draft and Final EISs, and subsequently, on May 18, 2000, adopted the Corps' Final EIS as its own document. That Final EIS described impacts to marine mammals from Northstar construction activities, which included vessel traffic similar to the currently proposed action by FEX. Because the barging activity discussed in the Final EIS is not substantially different from the proposed action by FEX, and because no significant new scientific information or analyses have been developed in the past several years significant enough to warrant new NEPA documentation, no additional NEPA analysis is required. Preliminary Conclusions NMFS has preliminarily determined that the short-term impact of conducting a barging operation between West Dock, Prudhoe Bay and either Cape Simpson or Point Lonely, in the U.S. Beaufort and associated activities will result, at worst, in a temporary modification in behavior by certain species of whales and pinnipeds. While behavioral modifications may be made by these species to avoid the resultant noise or visual cues from the barging operation, this behavioral change is expected to have a negligible impact on the survival and recruitment of marine mammal stocks. While the number of potential incidental harassment takes will depend on the year-to-year distribution and abundance of marine mammals in the area of operations, due to the distribution and abundance of marine mammals during the projected period of activity and the location of the proposed activity, the number of potential harassment takings is estimated to be small. In addition, no take by injury and/or death is anticipated, and there is no potential for temporary or permanent hearing impairment as a result of the activities. No rookeries, mating grounds, areas of concentrated feeding, or other areas of special significance for marine mammals occur within or near the barge transit route. The principal measures undertaken to ensure that the barging operation will not have an adverse impact on subsistence activities are a CAA between FEX, the AEWC and the Whaling Captains Association; a Plan of Cooperation; and an operation schedule that avoids barging operations during the traditional bowhead whaling season as much as possible. Proposed Authorization NMFS proposes to issue an IHA for the harassment of marine mammals incidental to FEX conducting a barging operation from West Dock Causeway, Prudhoe Bay Alaska, through the U.S. Beaufort Sea to either Cape Simpson or Point Lonely. This proposed IHA is contingent upon incorporation of the previously mentioned mitigation, monitoring, and reporting requirements. NMFS has preliminarily determined that the proposed activity would result in the harassment of small numbers of bowhead whales, beluga whales, ringed seals, bearded seals and spotted seals; would have no more than a negligible impact on these marine mammal stocks; and would not have an unmitigable adverse impact on the availability of marine mammal stocks for subsistence uses. Information Solicited NMFS requests interested persons to submit comments and information concerning this proposed IHA and the application for regulations request (see ADDRESSES ). Dated: June 8, 2006. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-9215 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 060706E] Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Gulf of Mexico Fishery Management Council will convene one public meeting of the Ad Hoc Shrimp Effort Working Group (SEWG). DATES: The SEWG meeting will convene at 9 a.m. on Wednesday June 28, 2006 and conclude no later than 3 p.m. on Thursday, June 29, 2006. ADDRESSES: The meeting will be held at the National Marine Fisheries Service Galveston Laboratory, Building 216, 4700 Avenue U, Galveston, TX; telephone:

(409)766-3500. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Assane Diagne, Economist, telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) will convene meetings of the Ad Hoc Shrimp Effort Working Group

(SEWG)to begin evaluating shrimp effort in the Exclusive Economic Zone

(EEZ)of the Gulf of Mexico. The working group, appointed by the Council during its March 2006, regular meeting, is charged with providing the Council with alternatives for determining the appropriate level of effort in the shrimp fishery in the EEZ. The group also will discuss the level of effort necessary to achieve optimum yield in the shrimp fishery and what level of effort would derive the maximum benefits of that fishery. The SEWG includes fishery biologists, economists and others knowledgeable about shrimp effort in the Gulf of Mexico. Although other non-emergency issues not on the agenda may come before the SEWG for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the SEWG will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Copies of the agenda can be obtained by calling

(813)348-1630. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: June 8, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-9182 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 081604C] Advisory Committee to the U.S. Section of the International Commission for the Conservation of Atlantic Tunas (ICCAT); Summer Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of meeting; correction. SUMMARY: In preparation for the 2006 ICCAT meeting, the Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) will have a summer meeting. There will be an open session the morning of Monday June 26, 2006, beginning at 9 am. The remainder of the meeting will be closed to the public. DATES: The meeting will be held June 26-27, 2006. ADDRESSES: The meeting will be held at the Hilton Hotel, 8727 Colesville Road, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Kelly Denit, Office of International Affairs, 301-713-2276. SUPPLEMENTARY INFORMATION: The Advisory Committee to the U.S. Section to ICCAT will meet in an open session to consider information on stock status of highly migratory species. In a previous Federal Register Notice (71 FR 32526, June 6, 2006), NMFS indicated that the entire meeting would be in closed session. This notice announces that there will be an open session. After the open session the Advisory Committee to the U.S. Section to ICCAT will meet in a closed session to discuss sensitive information relating to upcoming international negotiations. Special Accommodations The meeting locations are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kelly Denit at

(301)713-2276 at least 5 days prior to the meeting date. Dated: June 8, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-9212 Filed 6-12-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE Patent and Trademark Office Invention Promoters/Promotion Firms Complaints ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before August 14, 2006. ADDRESSES: You may submit comments by any of the following methods: E-mail: *Susan.Brown@uspto.gov* . Include “0651-0044 comment” in the subject line of the message. Fax: 571-273-0112, marked to the attention of Susan Brown. Mail: Susan K. Brown, Records Officer, Office of the Chief Information Officer, Architecture, Engineering and Technical Services, Data Architecture and Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Federal e-Rulemaking Portal: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Cathie Kirik, Mail Stop 24, Commissioner for Patents, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8800; or by e-mail at *Cathie.Kirik@uspto.gov* . SUPPLEMENTARY INFORMATION I. Abstract Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297 and implemented by 37 CFR part 4, the United States Patent and Trademark Office (USPTO) is required to provide a forum for the publication of complaints concerning invention promoters and responses from the invention promoters to these complaints. An individual may submit a complaint concerning an invention promoter to the USPTO, which will forward the complaint to the invention promoter for response. The complaints and responses will be published and made available to the public on the USPTO Web site. The USPTO does not investigate these complaints or participate in any legal proceedings against invention promoters or promotion firms. Complaints submitted to the USPTO must identify the name and address of the complainant and the invention promoter or promotion firm, explain the basis for the complaint, and include the signature of the complainant. The identifying information is necessary so that the USPTO can forward the complaint to the invention promoter or promotion firm and also notify the complainant that the complaint has been forwarded. Complainants should understand that the complaints will be forwarded to the invention promoter for response and that the complaint and response will be made available to the public as required by the Inventors' Rights Act. If the USPTO does not receive a response from the invention promoter, the complaint will still be published without the response. The USPTO does not accept complaints under this program if the complainant requests confidentiality. This information collection includes one form, Complaint Regarding Invention Promoter (PTO/SB/2048), which is used by the public to submit a complaint under this program. This form is available for download from the USPTO Web site. Use of this form is not mandatory as long as the complaint includes the necessary information and is clearly marked as a complaint filed under the Inventors' Rights Act. There is no associated form for submitting responses to the complaints. II. Method of Collection By mail, facsimile, or hand delivery to the USPTO. III. Data *OMB Number:* 0651-0044. *Form Number(s):* PTO/SB/2048. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Individuals or households; businesses or other for-profits; and not-for-profit institutions. *Estimated Number of Respondents:* 100 responses per year. *Estimated Time Per Response:* The USPTO estimates that it will take the public approximately 15 minutes (0.25 hours) to gather the necessary information, prepare the form, and submit the complaint to the USPTO and approximately 30 minutes (0.5 hours) for an invention promoter or promotion firm to prepare and submit a response to a complaint. *Estimated Total Annual Respondent Burden Hours:* 38 hours per year. *Estimated Total Annual Respondent Cost Burden:* $5,830 per year. The USPTO expects that complaints will be prepared by paraprofessionals or independent inventors. Using the average of the paraprofessional rate of $90 per hour and the estimated rate of $30 per hour for independent inventors, the USPTO estimates that the average rate for preparing the complaints will be approximately $60 per hour. The USPTO expects that the responses to the complaints will be prepared by attorneys or invention promoters. Using the average of the professional rate of $304 per hour for associate attorneys in private firms and the estimated rate of $100 per hour for invention promoters, the USPTO estimates that the average rate for preparing the responses to the complaints will be $202 per hour. Therefore, the respondent cost burden for this collection will be $5,830 per year. Item Estimated time for response (minutes) Estimated annual responses Estimated annual burden hours Complaint Regarding Invention Promoter 15 50 13 Responses to the Complaints 30 50 25 Total 100 38 *Estimated Total Annual Non-hour Respondent Cost Burden:* $740. There are no capital start-up or maintenance costs or filing fees associated with this information collection. However, the public may incur postage costs when submitting a complaint or a response to a complaint by mail to the USPTO. The USPTO estimates that the first-class postage cost for a mailed complaint will be 39 cents. Promotion firms may choose to send responses to complaints using overnight mail service at an estimated cost of $14.40 per response. Therefore, the total annual (non-hour) respondent cost burden for this collection in the form of postage costs is estimated to be $740 per year. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, *e.g.* , the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 6, 2006. Susan K. Brown, Records Officer, USPTO, Office of the Chief Information Officer, Architecture, Engineering and Technical Services, Data Architecture and Services Division. [FR Doc. E6-9173 Filed 6-12-06; 8:45 am] BILLING CODE 3510-16-P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR Agreement) June 8, 2006. AGENCY: The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA-DR Agreement. DATES: *Effective Date:* June 13, 2006. SUMMARY: The Committee for the Implementation of Textile Agreements

(CITA)has determined that certain 100% cotton flannel fabrics, as specified below, are not available in commercial quantities in a timely manner in the CAFTA-DR region. The product will be added to the list in Annex 3.25 of the CAFTA-DR in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Richard Stetson, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-2582. *For Further Information On-Line: http://web.ita.doc.gov/tacgi/CaftaReqTrack.nsf. Reference number:* 6.2006.05.02.Fabric.ST&RforBWA. SUPPLEMENTARY INFORMATION: *Authority:* Section 203(o)(4) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR Act); the Statement of Administrative Action (SAA), accompanying the CAFTA-DR Act; Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). The CAFTA-DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA-DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. Articles that otherwise meet the rule of origin to qualify for preferential treatment are not disqualified because they contain one of the products on the Annex 3.25 list. The CAFTA-DR Agreement provides that the list in Annex 3.25 may be modified pursuant to Article 3.25(4)-(6). The CAFTA-DR Act states that the President will make a determination on whether additional fabrics, yarns, and fibers are available in commercial quantities in a timely manner in the territory of any Party. The CAFTA-DR Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before making a determination. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of the CAFTA-DR Act for modifying the Annex 3.25 list. On February 23, 2006, CITA published interim procedures it would follow in considering requests to modify the Annex 3.25 list. (71 FR 9315) On May 2, 2006, the Chairman of CITA received a request from Sandler, Travis, & Rosenberg, P.A. on behalf of B*W*A for certain 100% cotton napped flannel fabrics, of the specifications detailed below. On May 4, 2006, CITA notified interested parties of, and posted on its Web site, the accepted petition and requested that interested entities provide, by May 16, 2006, a response advising of its objection to the request or its ability to supply the subject product, and rebuttals to responses by May 22, 2006. No interested entity filed a response advising of its objection to the request or its ability to supply the subject product. In accordance with Section 203(o)(4) of the CAFTA-DR Act, and its procedures, as no interested entity submitted a response objecting to the request or expressing an ability to supply the subject product, CITA has determined to add the specified fabrics to the list in Annex 3.25 of the CAFTA-DR Agreement. The subject fabrics are added to the list in Annex 3.25 of the CAFTA-DR Agreement in unrestricted quantities. Specifications *HTS Subheading:* 5208.43.00. *Fiber Content:* 100% Cotton. *Average Yarn Number:* 84 to 86 metric warp and filling (49 to 51 English). *Thread Count:* 39 to 66 warp ends per centimeter × 27 to 39 filling picks per centimeter (99 to 168 warp ends per inch × 68 to 99 filling picks per inch). *Weave Type:* 3 or 4 thread twill. *Weight:* 98 to 150 grams per square meter (2.9 to 4.4 ounces per sq. yard). *Finish:* Of yarns of different colors, yarns are dyed with fiber reactive dyes, plaids checks and stripes, napped on both sides, pre-shrunk. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 06-5353 Filed 6-8-06; 2:47 pm]

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