Notices. Notice of open meeting and retreat

17,978 words·~82 min read·/register/2006/07/19/06-6342

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 18, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention:

Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to

(202)395-6974. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 13, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* National Assessment of Educational Progress—2007 Mathematics, NIES, SD-ELL, Charter School. *Frequency:* One time. *Affected Public:* Individuals or household; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 461,845. *Burden Hours:* 121,069. *Abstract:* This is the second of three clearance packages for the NAEP 2007 assessment activities. This package covers mathematics background questionnaires for students, teachers, school administrators. In addition special questions for the National Indian Education component, for students with disabilities, English language learners, and charter schools are included in this clearance package. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3150. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-11442 Filed 7-18-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY: Department of Energy. ACTION: Notice of open meeting and retreat. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register.** DATES: Saturday, August 12, 2006, 8 a.m.-4:30 p.m. ADDRESSES: Pollard Auditorium, 210 Badger Avenue, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone

(865)576-4025; Fax

(865)576-5333 or e-mail: *halseypj@oro.doe.gov* or check the Web site at *http://www.oakridge.doe.gov/em/ssab.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Agenda:* The retreat will focus on establishing the work of the Board for Fiscal Year 2007. Election of officers for Fiscal Year 2007 will be the order of business during the monthly meeting, which will begin at 4 p.m. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes of this meeting will be available for public review and copying at the Department of Energy's Information Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday through Friday, or by writing to Pat Halsey, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831, or by calling her at

(865)576-4025. Issued at Washington, DC, on July 14, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-11424 Filed 7-18-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Federal Energy Management Advisory Committee AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces an open meeting of the Federal Energy Management Advisory Committee (FEMAC). The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that these meetings be announced in the **Federal Register** to allow for public participation. This notice announces the twelfth FEMAC public meeting, an advisory committee established under Executive Order 13123—“Greening the Government through Efficient Energy Management.” DATES: August 8, 2006, 2 p.m. to 3:30 p.m. ADDRESSES: Hyatt Regency Chicago, 151 East Wacker Drive, Acapulco Room, Chicago, IL 60601. FOR FURTHER INFORMATION CONTACT: Rick Klimkos, Designated Federal Officer, Office of Federal Energy Management Programs, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585;

(202)586-8287. SUPPLEMENTARY INFORMATION: *Purpose of the Meeting:* To seek input and feedback from interested parties on working group recommendations to meet mandated Federal energy management goals. *Tentative Agenda:* Agenda will include discussions on the following topics: • Update on FEMAC working group activities. • Discussion on FEMAC priorities. • Open public discussion. *Public Participation:* In keeping with procedures, members of the public are welcome to observe the business of the Federal Energy Management Advisory Committee. If you would like to file a written statement with the committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact Rick Klimkos at

(202)586-8287 or *rick.klimkos@ee.doe.gov* (e-mail). You must make your request for an oral statement at least 5 business days before the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The chair of the committee will make every effort to hear the views of all interested parties. The chair will conduct the meeting to facilitate the orderly conduct of business. *Minutes:* The minutes of the meeting will be available for public review and copying within 60 days at the Freedom of Information Public Reading Room; Room 1E-190; Forrestal Building; 1000 Independence Avenue, SW., Washington, DC, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Issued at Washington, DC, on July 13, 2006. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E6-11422 Filed 7-18-06; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2005-0071; FRL-8199-5] Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Mercury (Renewal), EPA ICR Number 0113.09, OMB Control Number 2060-0097 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

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

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and costs. DATES: Additional comments may be submitted on or before August 18, 2006. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2005-0071, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division (CAMPD), Office of Compliance (OC), (Mail Code 2223A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-4113; fax number:

(202)564-0050; e-mail address: *williams.learia@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 21, 2005 (70 FR 55368), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID number EPA-HQ-OECA-2005-0071, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Cetner is

(202)566-1927. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* NESHAP for Mercury (Renewal). *ICR Numbers:* EPA ICR Number 0113.09, OMB Control Number 2060-0097. *ICR Status:* This ICR is schedules to expire on August 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The National Emission Standards for Hazardous Air Pollutants (NESHAP) for mercury were proposed on December 7, 1971, promulgated on April 6, 1973, and amended on October 14, 1975, March 19, 1987 and October 17, 2000. These standards apply to all stationary sources which process mercury ore to recover mercury, use mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate or dry wastewater treatment plant sludge. Approximately 107 sources (100 sludge incineration and drying plants and seven mercury-cell chlor-alkali plants) are currently subject to the standard; and no additional sources are expected to become subject to the standard in the next three years. Mercury is the pollutant regulated under this standard. This information is being collected to ensure compliance with 40 CFR part 61, subpart E. Owners or operators of affected facilities must make the following one-time only notification: Date of construction or reconstruction, anticipated and actual dates of startup; physical or operational change to an existing facility; date of initial performance test; and results of initial performance test. These facilities must also maintain records of performance test results, and startup, shutdowns, and malfunctions. In order to ensure compliance with the standards, adequate recordkeeping and reporting is necessary. This information enables the Agency to identify the sources subject to the standard, ensure initial compliance with emission limits, and verify continuous compliance with the standard. Any owner or operator subject to the provisions of this subpart must maintain a file of these measurements, and retain the file for at least two years following the collection of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 160 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Mercury processing facilities. *Estimated Number of Respondents:* 107. *Frequency of Response:* Annually, semiannually, and initially. *Estimated Total Annual Hour Burden:* 20,490. *Estimated Total Annual Costs:* Zero. *Changes in the Estimates:* There is an increase of 2,672 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. The increase in burden is due to the fact that we are presently accounting for technical, managerial, and clerical burdens in the renewal package. The previous version of the ICR omitted the managerial and clerical burdens and used only technical. There was also a change in the labor rate which contributed to the increase in cost. There are no changes in the capital/startup and operations and maintenance (O&M) costs from the previous ICR. Dated: July 11, 2006. Sara Hisel McCoy, Acting Director, Collection Strategies Division. [FR Doc. E6-11429 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P\ ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2004-0035; FRL-8199-4] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Survey of Drinking Water Treatment Facilities; EPA ICR No. 2176.01, OMB Control No. 2040-XXXX AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

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

(OMB)for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before August 18, 2006. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-2004-0035, to

(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to *OW-Docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Water Docket (Mail Code 4101T), 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mr. M. Ahmar Siddiqui, Office of Water (Mail Code 4303T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)566-1044; fax number:

(202)566-1053; e-mail address: *siddiqui.ahmar@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 5, 2005 (70 FR 38675), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received several comments during the comment period from trade associations, utilities, state agencies, and private citizens, which are addressed in this ICR. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2004-0035, which is available for online viewing at *www.regulations.gov,* or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426. Use EPA's electronic docket and comment system at *www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* Survey of Drinking Water Treatment Facilities. *ICR numbers:* EPA ICR No. 2176.01, OMB Control No. 2040-XXXX. *ICR Status:* This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* In its 2004 Effluent Guidelines Program Plan (September 2, 2004; 69 FR 53705), which EPA published under Clean Water Act

(CWA)section 304(m), EPA identified the “drinking water treatment point source category” as a candidate for rulemaking. EPA is collecting information from drinking water treatment facilities to develop effluent guidelines or pretreatment standards necessary to control the discharge of toxic and non-conventional pollutants into surface waters of the United States and to publicly owned treatment works (POTWs). In order to inform the rulemaking process, EPA is conducting several data collection activities. The technical survey announced in this **Federal Register** notice would provide EPA with preliminary technical data needed to quantify any adverse environmental impacts of the discharges of residuals and metals from drinking water treatment facilities and to obtain information about finished water production and current residuals generation and management techniques. The technical survey is composed of a questionnaire. The questionnaire would allow EPA to collect information from facilities that serve populations greater than 10,000. EPA would use data from the questionnaire to better classify drinking water treatment facilities by treatment practices, residuals characteristics, and residuals management methods. EPA expects to collect additional information from some of the recipients of the questionnaire announced today through a follow-up detailed questionnaire. If approved, the survey will be administered under authority of section 308 of the CWA, 33 U.S.C. 1318. As a result, all recipients of the questionnaire would be required to complete and return the questionnaire to EPA. 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. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 6.7 hours per unique response to the questionnaire. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* The respondents affected by this information collection request are drinking water treatment plants that generated residuals in 2005. More specifically, the recipients of the questionnaire would be drinking water treatment utilities serving populations in excess of 10,000. *Estimated Number of Respondents:* 618. *Frequency of Response:* This is a one-time information collection. *Estimated Total Annual Hour Burden:* 4,143. *Estimated Total Annual Cost:* $145,544, includes $6,732 annualized capital or O&M costs. *Changes in the Estimates:* Because this is a request for a new ICR, there is no change in the number of hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. Dated: July 11, 2006. Sara Hisel McCoy, Acting Director, Collection Strategies Division. [FR Doc. E6-11432 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2005-0070; FRL-8199-3] Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Hydrochloric Acid Production (Renewal), EPA ICR Number 2032.04, OMB Control Number 2060-0529 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

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

(202)564-4113; fax number:

(202)564-0050; e-mail address: *williams.learia@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 21, 2005 (70 FR 55368), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID number EPA-HQ-OECA-2005-0070, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the Enforcement and Compliance Docket is

(202)566-1752. Use EPA's electronic docket and comment system at *http://www.regulations.gov* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov,* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* NESHAP for Hydrochloric Acid Production (Renewal). *ICR Numbers:* EPA ICR Number 2032.04, OMB Control Number 2060-0529. *ICR Status:* This ICR is schedules to expire on July 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The National Emission Standards for Hazardous Air Pollutants (NESHAP) for hydrochloric acid production were proposed on September 18, 2001, (66 FR 48174), final rule on April 17, 2003 (68 FR 19076), amended on August 24, 2005 (70 FR 49530), and promulgated on April 7, 2006, (71 FR 17738). These standards apply to each existing, new, or reconstructed effected major source at a hydrochloric acid

(HCl)production facility. An HCl production facility is a collection of units operations and equipment associated with the production of liquid HCl products. The hazardous air pollutants

(HAP)identified as being emitted from HCl production sources are hydrochloric acid

(HCl)and chlorine (Cl <sup>2</sup> ). A major source of HAP is one that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. Respondents must submit one-time only notifications, compliance status report, and initial performance test results. Owners/operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operations of an affected facility, or any period during which the monitoring system is inoperative. Semiannual summary reports are also required. Any owner or operator subject to the provisions of this subpart must maintain a file of these measurements, and retain the file for at least five years following the collection of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 541 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Hydrochloric acid

(HCl)production facility. *Estimated Number of Respondents:* 75. *Frequency of Response:* On occasion, initially, annually and semiannually. *Estimated Total Annual Hour Burden:* 94,104. *Estimated Total Annual Costs:* $8,647,759 which includes $54,000 annualized capital startup costs, $634,000 annualized O&M costs, and $7,959,759 annual labor costs.. *Changes in the Estimates:* There is an increase of 44,785 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. The increase in burden from the most recently approved ICR is due to the requirements of the rule. Because of the requirements, the respondent universe varied among the different activities, since not all of the respondents must complete each activity each year. It is not until the third year following promulgation that all sources must be in compliance and thus, subject to the rule. We are therefore, accounting for all of the sources that are subject to the recordkeeping and reporting requirements in this ICR. There is an increase of two additional sources per year over the three years of this ICR. There was an increase in the labor rates which also contributed to an increase in the cost burden. There is an increase in the capital/startup and operations and maintenance (O&M) costs from the previous ICR. This is due to the fact that all sources are presently in compliance with the standards. The increase in cost can also be attributed to an increase in the number of sources. Dated: July 11, 2006. Sara Hisel McCoy, Acting Director, Collection Strategies Division. [FR Doc. E6-11433 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8199-1] Membership on the Coastal Elevations and Sea Level Rise Advisory Committee AGENCY: Environmental Protection Agency (EPA). ACTION: Request for nominations to the Coastal Elevations and Sea Level Rise Advisory Committee (CESLAC). SUMMARY: The U.S. Environmental Protection Agency is inviting nominations for membership on the Coastal Elevations and Sea Level Rise Advisory Committee (CESLAC). The purpose of the Committee is to provide advice on the conduct of a study titled *Coastal Elevations and Sensitivity to Sea Level Rise* to be conducted as part of the U.S. Climate Change Science Program (CCSP). The draft prospectus for the study titled *Coastal Elevations and Sensitivity to Sea Level Rise* is on the CCSP Web site at *http://www.climatescience.gov/Library/sap/sap4-1/sap4-1prospectus-draft.htm* Committee membership will total approximately fifteen persons and will include a balanced representation of individuals from the Federal Government, State and/or local governments, the scientific community, non-governmental organizations and the private sector, with expertise, experience, knowledge and interests essential to, or affected by, the successful completion of the study. Nominations should be received within twenty-one days of the date of this **Federal Register** notice. Any interested person or organization may submit a nomination. Nominations must include a complete resume of the nominee's background, experience and expertise, and any other information considered relevant. Additional avenues and resources will be utilized by EPA in the solicitation of nominees. ADDRESSES: Submit nominations to: Jack Fitzgerald (6207J), Climate Change Division, Office of Atmospheric Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; e-mail address: *Fitzgerald.jack@epa.gov,* fax:

(202)343-2337. FOR FURTHER INFORMATION CONTACT: Jack Fitzgerald (6207J), Climate Change Division, Office of Atmospheric Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)343-9336; e-mail address: *Fitzgerald.jack@epa.gov.* SUPPLEMENTARY INFORMATION: A copy of the Committee Charter is available at *http://www.fido.gov/facadatabase/.* The purpose of the Committee is to provide advice on the conduct of a study titled *Coastal Elevations and Sensitivity to Sea Level Rise* to be conducted as part of the U.S. Climate Change Science Program (CCSP). This study will give particular attention to the coastal area of the U.S. between the states of New York and North Carolina. Within the context of the basic study plan established in the prospectus, CESLAC will advise on the specific issues to be addressed, appropriate technical approaches, the nature of information relevant to decision makers, the content of the final assessment report, compliance with the Information Quality Act, and other matters important to the successful achievement of the objectives of the study. Individuals and organizations interested in submitting nominations for membership should familiarize themselves with the draft prospectus for this study, which is available at *http://www.climatescience.gov/Library/sap/sap4-1/sap4-1prospectus-draft.htm.* CESLAC is expected to meet three times before the end of 2007—twice in the Washington, DC, area and once in a coastal or near-coastal community. Nominations should be sent preferably by e-mail. If sent by either fax or regular mail, sender is encouraged to phone

(202)343-9336 in advance. Dated: July 7, 2006. William L. Wehrum, Assistant Administrator, Office of Air and Radiation. [FR Doc. E6-11470 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0292; FRL-8076-8] Pyraclostrobin; Objections to Pesticide Tolerances; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of objections filed with respect to the establishment and increase of various pyraclostrobin tolerances under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA). The objections were filed on June 5, 2006 by the Natural Resources Defense Council (NRDC). NRDC's objections assert that EPA unlawfully removed the additional 10X safety factor for the protection of infants and children. Additionally NRDC claims that EPA's action was arbitrary and capricious for failure to provide an inadequate explanation for its decision on the children's safety factor, and because EPA never received information EPA deemed necessary to its review of the pesticide. This Notice seeks comment on the NRDC objections. DATES: Comments must be received on or before September 18, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number(s) EPA-HQ-OPP-2004-0292, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID number(s) EPA-HQ-OPP-2004-0292. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9443; fax number:

(703)308-9382; e-mail address: *kish.tony@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket

(ID)number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? On June 5, 2006, the NRDC filed objections to a final rule establishing several new pesticide tolerances and increasing several existing tolerances for pyraclostrobin. 71 FR 17014 (April 5, 2006). Pesticide tolerances are established under section 408 of the FFDCA, 21 USC 346a. The new tolerances were for bean, succulent, shelled; legume vegetables group, foliage, in crop group 7; mango (import); and papaya (import). Tolerances were increased for almond, hulls; pea and bean, dried shelled, except soybean, subgroup 6C; and strawberry. NRDC's objections assert that EPA unlawfully removed the additional 10X safety factor for the protection of infants and children. Additionally NRDC claims that EPA's action was arbitrary and capricious for failure to provide an inadequate explanation for its decision on the children's safety factor and because EPA never received information EPA deemed necessary to its review of the pesticide. Because the issues raised by NRDC concern matters of great interest not just to NRDC but to growers, food distributors and processors, and pesticide manufacturers as well as members of the public, EPA believes it decision-making will be enhanced by obtaining the views of all affected parties. For that reason, EPA is publishing this notice of availability of NRDC's objections and requesting comment on the objections. The objections are available in the OPP Regulatory Public Docket under the docket for the tolerance rules in question: OPP-2004-0292. The OPP Regulatory Public Docket is physically located at the address included in the ADDRESSES section above. The dockets for these rulemakings are also available online in the Federal Government's electronic docket at www.regulations.gov. B. What is the Agency's Authority for Taking this Action? Under section 408(g)(2)(A) of the FFDCA, any person may file objections with EPA within 60 days of issuance of a final tolerance regulation, 21 U.S.C. 346a(g)(2). Such person may also request a public evidentiary hearing on the objections; however, NRDC has not requested such a hearing. Under EPA regulations, EPA must publish an order setting forth its determination on each of NRDC's objections, 40 CFR 178.37(a). Such order must contain EPA's reasons for its determination, 40 CFR 178.37(b). If based on the objections EPA determines that the tolerance regulation should be modified or revoked, EPA will publish by order any revisions to the regulation, 21 U.S.C. 346a(g)(2)(C); 40 CFR 178.35. List of Subjects Environmental protection, Pesticides and pests. Dated: July 7, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6-11480 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2005-0265; FRL-8077-7] DCNA Reregistration Eligibility Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Reregistration Eligibility Decision

(RED)for the pesticide DCNA (Dicloran), and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the DCNA (2,6-dichloro-4-nitroaniline) Docket. DCNA, also referred to as Dicloran, is a fungicide used to control pathogenic species such as *Botrytis, Monilinia, Rhizopus, Sclerotinia and Sclerotium* . DCNA is registered for agriculture and horticulture uses. Its registered formulations include dusts, wettable powders, and flowable concentrates. These products can be applied using aerial, airblast, groundboom, chemigation, and hand-application methods. EPA has reviewed DCNA through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before August 18, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2005-0265, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2005-0265. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: James Parker, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)306-0469; fax number:

(703)308-7070; e-mail address: *parker.james@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(RED)for the pesticide, DCNA, under section 4(g)(2)(A) of FIFRA. Dicloran is currently registered for preharvest uses on apricots, beans (snap), celery, cherries (sweet), cucumbers, endive (escarole), fennel, garlic, grapes, lettuce (head and leaf), nectarines, onions, peaches, plums, potatoes, rhubarb, shallots, tomatoes, conifers, Christmas trees, and ornamentals. It is also registered for postharvest uses on carrots and sweet potatoes. EPA has determined that the data base to support reregistration is substantially complete and that products containing DCNA are eligible for reregistration depending on their specific uses, provided the risks are mitigated in the manner described in the RED. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing DCNA. EPA must review tolerances and tolerance exemptions that were in effect when the Food Quality Protection Act

(FQPA)was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the DCNA tolerances included in this notice. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, DCNA was reviewed through the modified 4-Phase process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for DCNA. The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. The Agency is issuing the DCNA RED for public comment. This comment period is intended to provide an additional opportunity for public input and a mechanism for initiating any necessary amendments to the RED. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for DCNA. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Docket and regulations.gov. If any comment significantly affects the document, EPA also will publish an amendment to the RED in the **Federal Register** . In the absence of substantive comments requiring changes, the DCNA RED will be implemented as it is now presented. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration, before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests. Dated: July 11, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-11349 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0587; FRL-8077-8] Notice of Filing of a Pesticide Petition for Exemption from the Requirement of a Tolerance for Residues of the Biochemical Pesticide Eucalyptus Oil in or on Honey or Honeycomb AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of pesticide petitions proposing the establishment of an exemption from the tolerance for residues of the pesticide chemical eucalyptus oil in or on honey and honeycomb. DATES: Comments must be received on or before August 18, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0587 and pesticide petition number PP 6E7082, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0587. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Driss Benmhend, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9525; e-mail address: *benmhend.driss@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? EPA is printing a summary of each pesticide petition received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment or amendment of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA has determined that this pesticide petition contains data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petition. Additional data may be needed before EPA rules on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition included in this notice, prepared by the petitioner is available on EPA's Electronic Docket at *http://www.regulations.gov* . To locate this information on the home page of EPA's Electronic Docket, select “Quick Search” and type the OPP docket ID number. Once the search has located the docket, clicking on the “Docket ID” will bring up a list of all documents in the docket for the pesticide including the petition summary. New Exemption from Tolerance *PP 6E7082.* Brushy Mountain Bee Farm, c/o IR-4 Project Rutgers University, 681 US Highway 1 South, North Brunswick, New Jersey 08902, proposes to establish an exemption from the requirement of a tolerance for residues of the biochemical pesticide eucalyptus oil, in or on honey, honeycomb, and honeycomb with honey. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 30, 2006. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E6-11269 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0349; FRL-8060-6] Issuance of an Experimental Use Permit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has granted an experimental use permit

(EUP)to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit. FOR FURTHER INFORMATION CONTACT: Sharlene Matten, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)605-0514; e-mail address: *matten.sharlene@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this action, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2006-0349. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. EUP EPA has issued the following EUP: *264-EUP-140* . Issuance. Bayer CropScience LP, 2 T. W. Alexander Drive, Research Triangle Park, NC 27709. This EUP allows the use of 0.071 pounds (32 grams) of the insecticide *Bacillus thuringiensis* Cry1Ab protein and the genetic material necessary for its production on 370 acres of Events T303-3 and T304-40 cotton plants to evaluate the control of cotton bollworm ( *Helicoverpa zea* ) and tobacco budworm ( *Heliothis virescens* ). The program is authorized only in the States of Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, and Texas. The EUP is effective from February 7, 2006 to January 31, 2007. Authority: 7 U.S.C. 136c. List of Subjects Environmental protection, Experimental use permits. Dated: July 10, 2006. Phil Hutton, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E6-11270 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OA-2006-0248; FRL-8199-8] Review of Environmental Protection Agency Draft Guidance for Implementing Executive Order 13175, Consultation and Coordination With Indian Tribal Governments; Extension of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; extension of comment period. SUMMARY: On April 19, 2006, EPA released for public comment, its draft *Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments* (“Guidance”) in the **Federal Register** . The draft Guidance addresses the provisions of Executive Order 13175 (“EO 13175”) and how EPA generally intends to implement EO 13175 in connection with relevant EPA activities. This notice announces a 60 day extension of the comment period for the draft *Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments* (“Guidance”). This extension is necessary to accommodate requests that we provide the public more time to review and comment on the materials. DATES: The comment period previously expiring on July 19, 2006, is extended to September 19, 2006. ADDRESSES: For detailed instructions on the submission of comments, follow the instructions provided under ADDRESSES in the **Federal Register** document of April 19, 2006. FOR FURTHER INFORMATION CONTACT: Joan Crawford, Office of Policy, Economics and Innovation, Mail Code 1803A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-6568; fax number:

(202)564-0965, e-mail: *crawford.joan@epa.gov* or Jose Aguto, American Indian Environmental Office, Mailcode 4104, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-0289; fax number:

(202)564-0298, e-mail: *aguto.jose@epa.gov.* SUPPLEMENTARY INFORMATION: General Information I. Does This Action Apply to Me? The Agency included in the draft Guidance document who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. II. What Action Is the Agency Taking? In the **Federal Register** of April 19, 2006 (71 FR 20313) (FRL-8159-9), EPA released for public comment, its draft *Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments* (“Guidance”) in the **Federal Register** . The draft Guidance addresses the provisions of Executive Order 13175 (“EO 13175”) and how EPA generally intends to implement EO 13175 in connection with relevant EPA activities. EPA has received requests for an extension of the comment period from Lone Pine Paiute-Shoshone Reservation, the Hualapai Nation, and United South and Eastern Tribes, Incorporated. To allow additional time for comment EPA is extending the comment period established in the **Federal Register** issued on April 19, 2006 (71 FR 20313) for an additional 60 days. As extended, the comment period for this draft Guidance expires September 19, 2006. Prior to this extension, the comment period was scheduled to expire July 19, 2006. III. Do Any Statutory and Executive Order Reviews Apply to This Action? No. This action is not a rulemaking, it merely extends the date by which public comments must be submitted on a draft Guidance document that EPA published in the **Federal Register** of April 19, 2006 (71 FR 20313). Comments received within the 60 day extension period designated in this notice will be taken under consideration as the EPA workgroup continues drafting the Guidance and the key attachments to the Guidance. Dated: July 14, 2006. Brian F. Mannix, Associate Administrator, Office of Policy, Economics and Innovation. [FR Doc. E6-11448 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8199-2] Public Water Supply Supervision Program; Program Revision for the State of Idaho AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Tentative Approval. SUMMARY: Notice is hereby given that the State of Idaho has revised its approved State Public Water Supply Supervision

(PWSS)Primacy Program. Idaho has revised its PWSS program with respect to administrative penalty authority, has adopted a revised definition of public water system, and has adopted drinking water regulations requiring consumer confidence reports from all community water systems. Idaho has also adopted regulations for the Interim Enhanced Surface Water Treatment Rule, the Stage 1 Disinfectants and Disinfection Byproducts Rule, the Lead and Copper Rule Minor Revisions, the Public Notification Rule, the Radionuclides Rule, the Filter Backwash Recycling Rule, the Long Term 1 Enhanced Surface Water Treatment Rule, and the Arsenic Rule. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these State program revisions. By approving these rules, EPA does not intend to affect the rights of Federally recognized Indian tribes within “Indian country” as defined by 18 U.S.C. 1151, nor does it intend to limit existing rights of the State of Idaho. All interested parties may request a public hearing. A request for a public hearing must be submitted by August 18, 2006 to the Regional Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by August 18, 2006, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on August 18, 2006. Any request for a public hearing shall include the following information:

(1)The name, address, and telephone number of the individual, organization, or other entity requesting a hearing;

(2)a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing;

(3)the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. ADDRESSES: All documents relating to this determination are available for inspection between the hours of 9 a.m. and 4 p.m., Monday through Friday, at the Idaho Department of Environmental Quality, 1410 North Hilton, Boise, Idaho 83706 and between the hours of 9 a.m.-12 and 1 p.m.-2:30 p.m. at the EPA Region 10 Library, 1200 Sixth Avenue, Seattle, Washington 98101. FOR FURTHER INFORMATION CONTACT: Wendy Marshall, EPA Region 10, Drinking Water Unit, at the Seattle address given above; telephone

(206)553-1890. Authority: Section 1420 of the Safe Drinking Water Act, as amended (1996), and 40 CFR Part 142 of the National Primary Drinking Water Regulations. Dated: July 11, 2006. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. [FR Doc. E6-11469 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested July 11, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information, subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act

(PRA)comments should be submitted on or before September 18, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your Paperwork Reduction Act

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to: *PRA@fcc.gov.* To submit your comments by U.S. mail, mark it to the attention of Leslie F. Smith, Federal Communications Commission, 445 12th Street, SW., Room 1-A804, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Leslie F. Smith at 202-418-0217. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0949. *Title:* Interstate Telecommunications Service Provider Worksheet. *Form Number:* FCC Form 159-W. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business and other for-profit entities. *Number of Respondents:* 3,400. *Estimated Time per Response:* 0.5 hours (30 minutes). *Frequency of Response:* On occasion and annual reporting requirements. *Total Annual Burden:* 1,700 hours. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Section 9 of the Communications Act of 1934, as amended, authorizes the FCC to assess and to collect regulatory fees to recover costs incurred in carrying out the Commission's enforcement actions, policies, rulemaking activities, and user information services. Telecommunications licensees and permittees that provide interstate, international, mobile, and satellite services, including telephone operator services, must pay those fees, which are based upon a percentage of the licensee/permittee's interstate revenues. The FCC requires telecommunications licensees and permittees to file FCC Form 159-W to determine how much of each telecommunications carrier's interstate revenues are available to the carrier by extraction from another information collection, Telecommunications Reporting Worksheet, FCC Form 499-A (OMB Control Number 3060-0855). The FCC developed FCC Form 159-W to provide a convenient format for these telecommunications licensees and permittees to verify the information that is extracted from the interstate revenue information (which are already “populated” on this form) and to complete and/or verify the simple calculation of the fee amount that is due, correcting any inaccuracies as necessary. The FCC uses this information to determine if the telecommunications licensee or permittee has properly calculated the amount of its regulatory fee. The FCC is making minor revisions to FCC Form 159-W to provide a clearer format. Respondents may access FCC Form 159-W online through the FCC's Web page: *http://www.fcc.gov/frnreg.* *OMB Control Number:* 3060-0917. *Title:* CORES Registration Form. *Form Number:* FCC Form 160. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; Businesses or other for-profit entities; Not-for-profit institutions; and State, Local, or Tribal Governments. *Number of Respondents:* 156,000. *Estimated Time per Response:* 10 minutes (0.166 hours). *Frequency of Response:* One time reporting requirement. *Total Annual Burden:* 26,520 hours. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Respondents use FCC Form 160 to register with the Commission's CORES program Respondents may register online through *http://www.fcc.gov/frnreg.* By registering, the respondent receives a FCC Registration Number (FRN), which is required for anyone doing business with the Commission, and which FCC Form 160 is used to collect information that pertains to the entity's name, address, contact representative, telephone number, e-mail address, and fax number. The Commission uses this information to collect and to report on any delinquent amounts arising from the respondent's business dealings with the FCC, including both “feeable” and “nonfeeable” services. The CORES Registration program also enables the Commission to ensure that registrants (respondents) receive any refunds due, to service public inquiries, and to comply with the Debt Collection Improvement Act of 1996. *OMB Control Number:* 3060-0918. *Title:* CORES Update/Change Form. *Form Number:* FCC Form 161. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; Businesses or other for-profit entities; Not-for-profit institutions; and State, Local, or Tribal Governments. *Number of Respondents:* 57,600. *Estimated Time per Response:* 10 minutes (0.166 hours). *Frequency of Response:* One time reporting requirement. *Total Annual Burden:* 9,792 hours. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Once respondents have registered with the CORES (Commission Registration System) database and been issued a FCC Registration Number (FRN), the unique identifier for doing business with the Commission, respondents may use FCC Form 161 to update and/or change their name, address, telephone number, e-mail address, fax number, contact representative, contact representative's address, telephone number, e-mail address, and/or fax number, which they have entered previously in the CORES database. FCC Form 161 may be accessed through the FCC Web page: *http://www.fcc.gov/frnreg.* The FCC uses CORES to ensure that respondents receive any refunds due, to service public inquiries, and to comply with the Debt Collection Act of 1996. *OMB Control Number:* 3060-0919. *Title:* CORES Certification Form. *Form Number:* FCC Form 162. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households; Businesses or other for-profit entities; Not-for-profit institutions; and State, Local, or Tribal Governments. *Number of Respondents:* 200. *Estimated Time per Response:* 5 minutes (0.084 hours). *Frequency of Response:* One time reporting requirement. *Total Annual Burden:* 17 hours. *Total Annual Costs:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* Once respondents have registered CORES (Commission Registration System) database and been issued a FCC Registration Number (FRN), the unique identifier for doing business with the Commission, respondents must use FCC Form 162 when filing any non-feeable manual application form with the FCC, which may be accessed through the FCC's Web page: *http://www.fcc.gov/frnreg.* The Commission uses the information on FCC Form 162 to service public inquiries and to comply with the Debt Collection Improvement Act of 1996. Respondents may also use to certify that the respondent's FCC Registration Number

(FRN)is correct. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-11411 Filed 7-18-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [Report No. 2777] Petitions for Reconsideration of Action in Rulemaking Proceeding July 7, 2006. Petitions for Reconsideration have been filed in the Commission's Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of these documents is available for viewing and copying in Room CY-B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc.

(BCPI)(1-800-378-3160). Oppositions to these petitions must be filed by August 3, 2006. See § 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired. *Subject:* In the Matter of Amendment of Part 2 of the Commission's Rules to Allocate Spectrum below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems (ET Docket No. 00-258). *Number of Petitions Filed:* 2. Marlene H. Dortch, Secretary. [FR Doc. E6-11049 Filed 7-18-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on this agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011891-001. *Title:* Hapag-Lloyd/NYK Space Charter Agreement. *Parties:* Hapag-Lloyd Container Linie GmbH and Nippon Yusen Kaisha. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment adds the Dominican Republic to the scope of the agreement. By Order of the Federal Maritime Commission. Dated: July 14, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-11434 Filed 7-18-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 14, 2006. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Community Bancshares of Mississippi, Inc. Employee Stock Ownership Plan* , Brandon, Mississippi; to acquire up to an additional 1 percent of the voting shares of Community Bancshares of Mississippi, Inc., Brandon, Mississippi, and thereby indirectly acquire Community Bank, Amory, Amory, Mississippi; Community Bank of Mississippi, Forest, Mississippi; Community Bank, Meridian, Meridian, Mississippi; Community Bank, N.A., Memphis, Tennessee; Community Bank, Ellisville, Ellisville, Mississippi; Community Bank, Coast, Biloxi, Mississippi; First Lucedale Bancorp, Inc., Lucedale, Mississippi; and Community Bank, N.A., Lucedale, Mississippi. **B. Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Western Alliance Bancorporation* , Las Vegas, Nevada; to acquire 100 percent of the voting shares of Alta Alliance Bank, Oakland, California, in organization. Board of Governors of the Federal Reserve System, July 14, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-11439 Filed 7-18-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION [File No. 051 0219] Austin Board of Realtors; Analysis of Agreement Containing Consent Order To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. SUMMARY: The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before August 11, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Austin Board of Realtors, File No. 051 0219,” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to e-mail messages directed to the following e-mail box: *consentagreement@ftc.gov.* 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm.* FOR FURTHER INFORMATION CONTACT: Patrick J. Roach, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580,

(202)326-2793. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty

(30)days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for July 13, 2006), on the World Wide Web, at *http://www.ftc.gov/os/2006/07/index.htm.* A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling

(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission has accepted for public comment an Agreement Containing Consent Order with the Austin Board of Realtors (“ABOR” or “Respondent”), an association of real estate brokers in the Austin, Texas, metropolitan area. The Agreement settles charges that ABOR violated section 5 of the Federal Trade Commission Act, 15 U.S.C. 45, by engaging in a concerted refusal to deal except on specified terms with respect to a key input for the provision of real estate services. The proposed consent order has been placed on the public record for 30 days to receive comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make the proposed order final. The purpose of this analysis is to facilitate comment on the proposed order. The analysis does not constitute an official interpretation of the agreement and proposed order, and does not modify their terms in any way. Further, the proposed consent order has been entered into for settlement purposes only, and does not constitute an admission by Respondent that it violated the law or that the facts alleged in the complaint (other than jurisdictional facts) are true. I. Industry Background A Multiple Listing Service, or “MLS,” is a cooperative venture by which real estate brokers serving a common local market area submit their listings to a central service, which in turn distributes the information, for the purpose of fostering cooperation among brokers and agents in real estate transactions. The MLS facilitates transactions by putting together a home seller, who contracts with a broker who is a member of the MLS, with prospective buyers, who may be working with other brokers who are also members of the MLS. Membership in the MLS is limited to member brokers who generally must possess a license to engage in real estate brokerage services and meet other criteria set by MLS rules. Prior to the late 1990s, the listings on an MLS were typically directly accessible only to real estate brokers who were members of a local MLS. The MLS listings typically were made available through books or dedicated computer terminals, and generally could only be accessed by the general public by physically visiting a broker's office or by receiving a fax or hand delivery of selected listings from a broker. Information from an MLS is now typically available to the general public not only through the offices of brokers who are MLS members, but also through three principal categories of internet Web sites. First, information concerning many MLS listings is available through *Realtor.com* , a national Web site run by the National Association of Realtors (“NAR”). *Realtor.com* contains listing information from many local MLS systems around the country and is the largest and most-used internet real estate Web site. Second, information concerning MLS listings is often made available through a local MLS-affiliated web site, such as Austinhomesearch.com. Third, information concerning MLS listings is often made available on the internet sites of various real estate brokers, who choose to provide these web sites as a way of promoting their brokerage services. Most of these various Web sites receive information from an MLS pursuant to a procedure known as Internet Data Exchange (“IDX”), which is typically governed by MLS policies. The IDX policies allow operators of approved Web sites to display MLS active listing information to the public. As a survey of home buyers and sellers conducted by the National Association of Realtors has shown, home buyers are increasingly relying upon the internet in their search for homes, and web sites of the kind affected by the Web Site Policy are the most popular internet sites for home buyers. 2 According to the NAR survey, 74 percent of home buyers nationally used the internet to assist in their home search, with 53 percent reporting frequent internet searches; 15 percent of respondents first learned about the home they selected from the internet; 69 percent of home buyers found the internet to be a “very useful” source of information, and a total of 96 percent found the internet to be either “very useful” or “somewhat useful.” 3 Moreover, the NAR Survey makes clear that the overwhelming majority of Web sites used nationally in searching for homes contain listing information that is provided by local MLS systems. 4 2 Paul C. Bishop, Thomas Beers and Shonda D. Hightower, the 2004 National Association of Realtors Profile of Home Buyers and Sellers (“NAR Survey”) at 3-3, 3-4, 3-5, 3-6, 3-18. 3 *Id. See Home Buyer & Seller Survey Shows Rising Use of Internet, Reliance on Agents* (January 17, 2006), available at *http://www.realtor.org/PublicAffairsWeb.nsf/Pages/HmBuyerSellerSurvey06?OpenDocument.* 4 NAR Survey at 3-18. A. Types of Real Estate Brokerage Professionals A typical real estate transaction involves two real estate brokers: these are commonly known as a “Listing Broker” and a “Selling Broker.” The Listing Broker is hired by the seller of the property to locate an appropriate buyer. The seller and the Listing Broker agree upon compensation, which is determined by written agreement negotiated between the seller and the Listing Broker. In a common traditional listing agreement, the Listing Broker receives compensation in the form of a commission, which is typically a percentage of the sales price of the property, payable if and when the property is sold. In such a traditional listing agreement, the Listing Broker agrees to provide a package of real estate brokerage services, including promoting the listing through the MLS and on the internet, providing advice to the seller regarding pricing and presentation, fielding all calls and requests to show the property, supplying a lock-box so that potential buyers can see the house with their agents, running open houses to show the house to potential buyers, negotiating with buyers or their agents on offers, assisting with home inspections and other arrangements once a contract for sale is executed, and attending the closing of the transaction. The other broker involved in a typical transaction is commonly known as the Selling Broker. In a typical transaction, a prospective buyer will seek out a Selling Broker to identify properties that may be available. This Selling Broker will discuss the properties that may be of interest to the buyer, accompany the buyer to see various properties, try to arrange a transaction between buyer and seller, assist the buyer in negotiating the contract, and help in further steps necessary to close the transaction. In a traditional transaction, the Listing Broker offers the Selling Broker a fixed commission, to be paid from the Listing Broker's commission when and if the property is sold. Real estate brokers typically do not specialize as only Listing Brokers or Selling Brokers, but often function in either role depending on the particular transaction. B. Types of Real Estate Listings The relationship between the Listing Broker and the seller of the property is established by agreement. The two most common types of agreements governing listings are Exclusive Right to Sell Listings and Exclusive Agency Listings. An Exclusive Right to Sell Listing is the traditional listing agreement, under which the property owner appoints a real estate broker as his or her exclusive agent for a designated period of time, to sell the property on the owner's stated terms, and agrees to pay the Listing Broker a commission if and when the property is sold, whether the buyer of the property is secured by the Listing Broker, the owner or another broker. An Exclusive Agency Listing is a listing agreement under which the Listing Broker acts as an exclusive agent of the property owner or principal in the sale of a property, but under which the property owner or principal reserves a right to sell the property without assistance of the Listing Broker, in which case the Listing Broker is paid a reduced or no commission when the property is sold. Some real estate brokers have attempted to offer services to home sellers on something other than the traditional full-service basis. Many of these brokers, often for a flat fee, will offer sellers access to the MLS's information-sharing function, as well as a promise that the listing will appear on the most popular real estate Web sites. Under such arrangements, the Listing Broker does not offer additional real estate brokerage services as part of the flat fee package, but allows sellers to purchase additional services if sellers so desire. These non-traditional arrangements often are structured using Exclusive Agency Listing contracts. There is a third type of real estate listing that does not involve a real estate broker, which is a “For Sale By Owner” or “FSBO” listing. With a FSBO listing, a home owner will attempt to sell a house without the involvement of any real estate broker and without paying any compensation to such a broker, by advertising the availability of the home through traditional advertising mechanisms (such as a newspaper) or FSBO-specific Web sites. There are two critical distinctions between an Exclusive Agency Listing and a FSBO for the purpose of this analysis. First, the Exclusive Agency Listing employs a Listing Broker for access to the MLS and Web sites open to the public; a FSBO listing does not. Second, an Exclusive Agency Listing sets terms of compensation to be paid to a Selling Broker, while a FSBO listing often does not. II. The Complaint The Complaint alleges that ABOR, a Texas not-for-profit corporation operating for the benefit of its members, has violated section 5 of the FTC Act. Specifically, the proposed Complaint alleges that ABOR has unlawfully restrained competition among real estate brokers in central Texas by adopting a policy that constitutes a concerted refusal to deal except on specified terms. A. ABOR Has Market Power ABOR has more than 5,000 real estate professionals, and the large majority of residential real estate brokerage professionals in the Austin, Texas, metropolitan area are members of ABOR. These professionals compete with one another to provide residential real estate brokerage services to consumers. The ABOR MLS is organized through the Austin/Central Texas Realty Information Service (“ACTRIS”) and ACTRIS is the only MLS that serves metropolitan Austin, Texas. Membership in ACTRIS is critical to a broker providing residential real estate brokerage services to sellers and buyers of real property in the ACTRIS service area. ABOR, through ACTRIS, controls key inputs needed for a Listing Broker to provide effective real estate brokerage services, including:

(1)A means to publicize to all brokers the residential real estate listings in central Texas; and

(2)a means to distribute listing information to Web sites for the general public. By virtue of industry-wide participation and control over a key input, ABOR and ACTRIS have market power in the provision of residential real estate brokerage services to sellers and buyers of real property in the Austin, Texas and/or the ACTRIS Service Area. B. ABOR Conduct In February 2005, ABOR adopted a rule that prevented information on Exclusive Agency Listings provided to ACTRIS from being transmitted to real estate Web sites available to the general public (the “Web Site Policy”). The Web Site Policy specifically prevents any information on listings other than traditional Exclusive Right to Sell Listings from being included in the IDX-formatted information that is available from ACTRIS to be used and published by publicly-accessible Web sites. 5 The effect of this rule is to prevent such information from being available to be displayed on a broad range of Web sites, including the NAR-operated “ *Realtor.com* ” Web site; the ABOR-owned “ *Austinhomesearch.com* ” Web site; and ABOR member Web sites. 5 The ABOR rule states: “Listing information downloaded and/or otherwise displayed pursuant to IDX shall be limited to properties listed on an exclusive right to sell basis.” *ACTRIS Rules and Regulations* at 18 (February 2006). Exclusive Agency Listings are often used by members of ABOR acting as Listing Brokers to offer lower-cost real estate services to consumers. ABOR's Web Site Policy is joint action by a group of competitors to withhold distribution of listing information to publicly accessible Web sites from competitors who do not contract with their brokerage service customers in a way that the group wishes. This conduct represents a new variation of a type of conduct that the Commission condemned 20 years ago. In the 1980s and 1990s, several local MLS boards banned Exclusive Agency Listings from the MLS entirely. The Commission investigated and issued complaints against these exclusionary practices, obtaining several consent orders. 6 6 *In the Matter of United Real Estate Brokers of Rockland, Ltd.* , Docket No. C-3461, 116 F.T.C. 972 (1993); *In the Matter of American Industrial Real Estate Association* , Docket No. C-3449, 116 F.T.C. 704 (1993); *In the Matter of Puget Sound Multiple Listing Association* , Docket No. C-3300 (F.T.C., August 2, 1990); *In the Matter of Bellingham-Whatcom County Multiple Listing Bureau* , Docket No. C-3299 (F.T.C., August 2, 1990); *In the Matter of Metro MLS, Inc.* , Docket No. C-3286, 115 F.T.C. 305 (1990); *In the Matter of Multiple Listing Service of the Greater Michigan City Area, Inc.* , Docket No. C-3163, 106 F.T.C. 95 (1985); *In the Matter of Orange County Board of Realtors, Inc.* , Docket No. C-3162, 106 F.T.C. 88 (1985). C. Competitive Effects of the Web Site Policy The Web Site Policy has the effect of discouraging members of ABOR and participants in ACTRIS from accepting Exclusive Agency Listings. Thus, the Web Site Policy strongly impedes one way of providing unbundled brokerage services, and may make it more difficult for home sellers to market their homes. The Web Site Policy has caused some home sellers to switch away from Exclusive Agency Listings to other forms of listing agreements. According to ACTRIS records, prior to the initiation of the Web Site Policy, about 1,500 of 8,500, or 18 percent, of the listings on ACTRIS were Exclusive Agency Listings. After the Web Site Policy was implemented, the number of Exclusive Agency Listings as shown on ACTRIS records dropped to about 250 out of 10,000, or 2.5 percent. When home sellers switch to full service listing agreements from Exclusive Agency Listings that often offer lower-cost real estate services to consumers, the sellers may purchase services that they would not otherwise buy. This, in turn, may increase the commission costs to consumers of real estate brokerage services. By preventing Exclusive Agency Listings from being transmitted by ACTRIS to public-access real estate Web sites, the Web Site Policy has adverse effects on home sellers and home buyers. In particular, the Web Site Policy denies home sellers choices for marketing their homes and denies home buyers the chance to use the internet to easily see all of the houses listed by real estate brokers in the area, making their search less efficient. D. There Is No Competitive Efficiency Associated With the Web Site Policy There are no cognizable and plausible efficiency justifications for the Web Site Policy. An MLS in some circumstances might be concerned with the possibility that buyers and sellers of properties under an Exclusive Agency Listing could “free-ride” on the legitimate and valuable cooperative efforts that the MLS is intended to foster, by using the services of the MLS to carry out real estate transactions but bypassing the brokerage services that were one of the principal reasons why the MLS was created. However, this concern does not provide justification for the Web Site Policy as implemented by ABOR and ACTRIS. Exclusive Agency Listings are not a credible means for home buyers or sellers to bypass the use of the brokerage services that ACTRIS was created to promote, because a Listing Broker is always involved in an Exclusive Agency Listing, and the ABOR rules already include protections against such misuse. The ABOR Web Site Policy does not involve situations where brokerage services are bypassed entirely. The policy only operates where home sellers purchase services from a Listing Broker using an Exclusive Agency contract, not when home sellers are pursuing a FSBO sale and purchase no brokerage services at all. It is possible, of course, that a buyer of an Exclusive Agency Listing may make the purchase without using a Selling Broker, but this is true for traditional Exclusive Right to Sell Listings as well. Under existing ACTRIS rules that apply to any form of the listing agreement, the Listing Broker must ensure that the home seller pays compensation to the cooperating Selling Broker (if there is one), and the Listing Broker may be liable himself for a lost commission if the home seller fails to pay a Selling Broker who was the procuring cause of a completed property sale. The possibility of sellers or buyers using the MLS but bypassing brokerage services is already addressed effectively by ABOR's existing rules that do not distinguish between forms of listing contracts, and does not justify the Web Site Policy. III. The Proposed Consent Order The proposed order is tailored to ensure that the MLS does not misuse its market power, but also takes care to ensure that the procompetitive incentives of joint ventures such as ABOR and ACTRIS remain intact. The proposed order enjoins ABOR from treating Exclusive Agency Listings, or any other lawful listing agreements with sellers of property, in a less advantageous manner than Exclusive Right to Sell Listings. More specifically, ABOR is enjoined from adopting or enforcing any policy to deny, restrict, or interfere with the ability of ABOR members or ACTRIS participants to enter into Exclusive Agency Listings or other lawful listing agreements with the sellers of properties. The proposed consent order prohibits ABOR from preventing its members or ACTRIS participants from: offering or accepting Exclusive Agency Listings or other lawful listing agreements; cooperating with Listing Brokers or agents that offer or accept Exclusive Agency Listings or other lawful listing agreements; or publishing Exclusive Agency Listings or other lawful listing agreements on web sites otherwise approved to use ACTRIS information. The proposed order also prohibits ABOR from denying or restricting the Services of the MLS 7 to Exclusive Agency Listings or other lawful listings in any way that such Services of the MLS are not denied or restricted to Exclusive Right to Sell Listings; or treating Exclusive Agency Listings, or any other lawful listings, in a less advantageous manner than Exclusive Right to Sell Listings, including but not limited to, any policy, rule or practice pertaining to the transmission, downloading, or displaying of information pertaining to such listings. 7 “Services of the MLS” means the benefits and services provided by the MLS to assist ABOR members or ACTRIS Participants in selling, leasing and valuing property and/or brokering real estate transactions, including but not limited to:

(1)Having the property included among the listings in the MLS in a manner so that information concerning the listing is easily accessible by cooperating brokers; and

(2)having the property publicized through means available to the MLS, including, but not limited to, information concerning the listing being made available on Austinhomesearch.com, Realtor.com and IDX Web Sites. The proposed order contains a general proviso that preserves to ABOR the ability to adopt or enforce any policy, rule, practice or agreement that it can show is reasonably ancillary to the legitimate and beneficial objectives of the MLS. This includes reasonable rules regarding membership requirements, payment of dues, administrative matters, or other policies. The proviso is intended to preserve existing or future rules or regulations of ACTRIS that ABOR can demonstrate are reasonably related to the legitimate and pro-competitive purposes of the MLS. In addition, the proposed order requires ABOR, within thirty days after the Order becomes final, to conform its rules to the substantive provisions of the Order. ABOR is also required to notify ABOR members and participants in ACTRIS of the Order through e-mail communications and its Web site. The proposed order requires notification of changes in the structure of ABOR, and requires ABOR to file regular written reports of ABOR's compliance with the terms of the Order. The proposed Order applies to ABOR and entities that it owns or controls, including ACTRIS and *Austinhomesearch.com.* The Order by its terms does not prohibit ABOR members, or other persons or entities independent of ABOR that receive listing information from ABOR for use on their Web sites, from making independent decisions concerning their use or display of ACTRIS listing information that are consistent with their contractual obligations to ACTRIS. The proposed order will expire in 10 years. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6-11389 Filed 7-18-06; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator; American Health Information Community Biosurveillance Data Steering Group Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the second meeting of the American Health Information Community Biosurveillance Data Steering Group in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: July 26, 2006 from 4 p.m to 6 p.m. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (a photo ID is needed for access to a Federal building). FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic.html.* SUPPLEMENTARY INFORMATION: The meeting will be available via internet access. Go to *http://www.hhs.gov/healthit/ahic.html* for additional information on the meeting. Dated: July 12, 2006. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator. [FR Doc. 06-6342 Filed 7-18-06; 8:45 am]

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