Notices. Notice of an Open Meeting

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

BILLING CODE 5001-06-M 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 28, 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 24, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Reinstatement. *Title:* Academic Libraries Survey: 2006-2008. *Frequency:* Biennially. *Affected Public:* Not-for-profit institutions; State, local, or tribal gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 3,236. * Burden Hours:* 5,393. *Abstract:* The Academic Libraries Survey has been a component of the Integrated Postsecondary Education Data System. Since 2002 it has been a separate biennial survey. Changes to the survey itself are minor from prior collections of this universe survey. The data are collected on the web and consist of information about library holdings, library staff, library services and usage, library technology, library budget and expenditures for 4,300 academic libraries in the U.S. 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 3071. 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. E6-12004 Filed 7-26-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION President's Board of Advisors on Tribal Colleges and Universities AGENCY: President's Board of Advisors on Tribal Colleges and Universities, Department of Education. ACTION: Notice of an Open Meeting. SUMMARY: This notice sets forth the schedule and agenda of the meeting of the President's Board of Advisors on Tribal Colleges and Universities. This notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. *Dates and Times:* Thursday, August 10, 2006 1 p.m.-5 p.m.; Friday, August 11, 2006 9 a.m.-12 p.m. ADDRESSES: The Board will meet at the Radisson Hotel in Duluth, Minnesota, 505 W. Superior St., phone: 218-727-8981. FOR FURTHER INFORMATION CONTACT: Deborah Cavett, Executive Director, White House Initiative on Tribal Colleges and Universities, 1990 K Street, NW., Room 7014, Washington, DC 20006; telephone:

(202)219-7040, fax: 202-219-7086. SUPPLEMENTARY INFORMATION: The President's Board of Advisors on Tribal Colleges and Universities is established under Executive Order 13270, dated July 2, 2002, and Executive Order 13385 dated September 25, 2005. The Board is established

(a)to report to the President annually on the results of the participation of tribal colleges and universities

(TCUs)in Federal programs, including recommendations on how to increase the private sector role, including the role of private foundations, in strengthening these institutions, with particular emphasis also given to enhancing institutional planning and development, strengthening fiscal stability and financial management, and improving institutional infrastructure, including the use of technology, to ensure the long-term viability and enhancement of these institutions;

(b)to advise the President and the Secretary of Education (Secretary) on the needs of TCUs in the areas of infrastructure, academic programs, and faculty and institutional development;

(c)to advise the Secretary in the preparation of a Three-Year Federal plan for assistance to TCUs in increasing their capacity to participate in Federal programs;

(d)to provide the President with an annual progress report on enhancing the capacity of TCUs to serve their students; and

(e)to develop, in consultation with the Department of Education and other Federal agencies, a private sector strategy to assist TCUs. *Agenda:* The purpose of the meeting is to update and enhance the Board's Action Agenda through a review of collaborative efforts and to discuss relevant issues to be addressed as the Board pursues opportunities to strengthen capacity of programs at the tribal colleges and universities. *Additional Information:* Individuals who will need accommodations for a disability in order to attend the meeting ( *e.g.* , interpreting services, assistive listening devices, or material in alternative format) should notify Tonya Ewers at

(202)219-7040, no later than Friday, August 4, 2006. We will attempt to meet requests for accommodations after this date, but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. An opportunity for public comment is available on Friday, August 11, 2006, between 11 a.m.-12 noon. Comments will be limited to ten

(10)minutes for those speakers who sign up to speak. Those members of the public interested in submitting written comments may do so at the address indicated above by Friday, August 4, 2006. Records are kept of all Board proceedings and are available for public inspection at the Office of the White House Initiative on Tribal Colleges and Universities, U.S. Department of Education, 1990 K Street, NW., Washington, DC 20006, during the hours of 8 a.m. to 5 p.m. Dated: July 20, 2006. James Manning, Acting Assistant Secretary , Office of Post Secondary Education, U.S. Department of Education. [FR Doc. E6-12013 Filed 7-26-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY: Department of Energy (DOE). ACTION: Notice of Open Meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. 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: Thursday, August 17, 2006. 5:30 p.m.-9 p.m. ADDRESSES: 111 Memorial Drive, Barkley Centre, Paducah, Kentucky 42001. FOR FURTHER INFORMATION CONTACT: William E. Murphie, Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, 1017 Majestic Drive, Suite 200, Lexington, Kentucky 40513,

(859)219-4001. 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 5:30 p.m.—Informal Discussion 6 p.m.—Call to Order Introductions Review of Agenda Approval of July Minutes 6:15 p.m.—Deputy Designated Federal Officer's Comments 6:35 p.m.—Federal Coordinator's Comments 6:40 p.m.—Liaisons' Comments 6:50 p.m.—Public Comments and Questions 7 p.m.—Task Forces/Presentations • Site Management Plan • Land Acquisition Study Update • Water Disposition/Water Quality Task Force 8 p.m.—Review of Action Items 8:05 p.m.—Public Comments and Questions 8:15 p.m.—Break 8:25 p.m.—Administrative Issues • Preparation for September Presentation • Budget Review • Review of Work Plan • Review of Next Agenda 8:35 p.m.—Subcommittee Report • Executive Committee—Chairs' Meeting Homework 8:50 p.m.—Final Comments 9 p.m.—Adjourn *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 agenda items should contact David Dollins at the address listed below or by telephone at

(270)441-6819. 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:* The minutes of this meeting will be available for public review and copying at the U.S. Department of Energy's Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be available at the Department of Energy's Environmental Information Center and Reading Room at 115 Memorial Drive, Barkley Centre, Paducah, Kentucky between 8 a.m. and 5 p.m. on Monday through Friday or by writing to David Dollins, Department of Energy, Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001 or by calling him at

(270)441-6819. Issued at Washington, DC, on July 24, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-12038 Filed 7-26-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The EIA is soliciting comments on a proposed three-year extension and revision to Form EIA-1605, The EIA also proposes to discontinue the Form EIA-1605EZ (short form). DATES: Comments must be submitted by September 25, 2006, to the addresses listed below. ADDRESSES: Send all comments to the attention of Stephen E. Calopedis. To ensure receipt of the comments by the due date, submission by e-mail ( *stephen.calopedis@eia.doe.gov* ) or fax (202-586-3045) is recommended. Comments submitted by mail should be sent to Stephen E. Calopedis, U.S. Department of Energy, Energy Information Administration, EI-81, 1000 Independence Avenue, SW., Washington, DC 20585. Questions on this action should be directed to Stephen E. Calopedis at 202-586-1156 or *stephen.calopedis@eia.doe.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the revised reporting form and instructions should be directed to Stephen E. Calopedis at 202-586-1156 or *stephen.calopedis@eia.doe.gov.* The revised version of the Form EIA-1605, “Voluntary Reporting of Greenhouse Gases,” and instructions, can also be downloaded from the Program's Web site at *http://www.eia.doe.gov/oiaf/1605/Forms.html.* SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background Voluntary Reporting of Greenhouse Gases Program collections are conducted pursuant to Section 1605(b) of the Energy Policy Act of 1992 (Pub. L. 102-486, 42 U.S.C. 13385) under General Guidelines issued by the DOE's Office of Policy and International Affairs. The EIA-1605 and EIA-1605EZ forms are designed to collect voluntarily reported data on greenhouse gas emissions, achieved reductions of these emissions, and increased carbon fixation, as well as information on commitments to reduce greenhouse gas emissions and sequester carbon in future years. A summary of the results of the Voluntary Reporting of Greenhouse Gases Program appear in the Program's annual report titled Voluntary Reporting of Greenhouse Gases ( *http://www.eia.doe.gov/oiaf/1605/vrrpt/* ). Additionally, EIA produces and makes publicly available, a “public-use” database containing all the non-confidential information reported to EIA's Voluntary Reporting of Greenhouse Gases Program on the Forms EIA-1605 and EIA-1605EZ ( *http://www.eia.doe.gov/oiaf/1605/databases.html* ). The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of information conducted by or in conjunction with the EIA. Any comments received help the EIA to prepare data requests that maximize the utility of the information collected and to assess the impact of collection requirements on the public. Also, the EIA will later seek approval by the Office of Management and Budget

(OMB)under section 3507(a) of the Paperwork Reduction Act of 1995. II. Current Actions In response to the finalization and issuance of the revised Guidelines for reporting to the 1605b Voluntary Reporting of Greenhouse Gases Program (April 21, 2006; *http://www.eia.doe.gov/oiaf/1605/Gen%20Guidelines%20final%20rule%20Apr21.pdf* ), the EIA has developed and plans to issue revised reporting forms and instructions for reporting under the revised Program Guidelines. The first year of reporting to the Program under the revised Guidelines is expected to occur in the Summer of 2007, for 2006 data. EIA will be requesting OMB approval for revisions to Form EIA-1605 and for discontinuation of Form EIA-1605EZ (short form). The revisions to Form EIA-1605 are summarized below. On the existing Schedule I, “Entity Identification and Certification,” the focus was limited to asking for information to identify the reporting entity, the type of reporting entity, the geographic scope of activities, the Standard Industrial Classification Code (SIC), the applicability of confidentiality, and the reporting entities attesting to/certifying the accuracy of the information reported. The revised Schedule I, “Entity Information,” has been expanded to include an inventory of emissions and emissions reductions, carbon flux, and emissions offsets, all calculated at the entity level. In addition, Schedule I includes the collection of NAICS codes (instead of SIC codes), an expanded list of entity type categories, information on any changes in entity statement from previous reporting years, and other reporter characteristics, such as base period, voluntary program affiliation, and entity organization. On the existing Schedule II, “Project-level Emissions and Reductions,” the reporting entity was asked to provide information on individual projects that had achieved reductions in greenhouse gas emissions and/or have sequestered carbon. The revised Schedule II, “Subentity Information,” collects data that are similar to data collected on Schedule I of the revised Form EIA-1605, but on a subentity-level basis. Project-level or action-specific reductions can be registered under limited circumstances using the calculation methods specified in the Technical Guidelines and embodied in Addendum A of the revised form. On the existing Schedule III, “Entity-level Emissions and Reductions,” the reporting entity was able to establish a record of its greenhouse gas emissions, emissions reductions and carbon sequestration achievements. Schedule III was used to report information such as actual emissions for the baseline period of 1987 to 1990, emissions for subsequent years (1991 to the present), emission reductions for the years 1991 to the present, and causes for changes in the levels of emissions and/or emissions reductions, all at the entity-level. The collection of entity-level emissions and reductions has been incorporated into Schedule I in the revised form. The revised Schedule III, “Emissions Reductions Summary,” focuses on summarizing the entity-level emissions reductions, based on information reported by the entity on Schedule I or Schedule II. Reporters may subdivide the entity into two or more subentities to permit the use of different calculation methods for estimating reductions. On the existing Schedule IV, “Commitments to Reduce Greenhouse Gases,” the reporting entity was provided the opportunity to report on its commitments made, under a variety of governmental initiatives, to reduce greenhouse gases. The information gathered included descriptions of the commitment, the type of reference case used to calculate emissions reductions, the voluntary program the reduction activity was affiliated with (if applicable), as well as information on financial commitments made to support activities designed to reduce greenhouse gas emissions. Collection of commitment information has been discontinued in the revised form. The revised Schedule IV, “Verification and Certification,” provides an opportunity for reporters to document optional independent, “third-party” verification of the information reported on the Form EIA-1605 and expands the certification statement that all reporters must sign. Third-party verification was not included on the existing EIA-1605 form. Schedule IV of the revised form consists of two sections. The first section titled, “Independent Verification,” collects information on the identity and qualifications of the independent verifier and verification approach and includes the independent verifier's certification. The second section titled “Reporter Self-Certification,” is a self-certification, including the reporter's declaration that the form meets all three requirements for “reported” reductions, and in the case of “registered” reductions, five additional requirements. The form includes the following addenda for portions of the form that will not be required for all reporters: Addendum A, Emission Reduction Methods; Addendum B, Subentity Emissions Inventory; and Addendum C, Country-specific Factors Used to Estimate Emissions from Foreign Sources. Please refer to the revised version of the form and instructions for more information about the purpose, who may report, when to report, where to submit, the elements to be reported, instructions for reporting, provisions for confidentiality, and uses (including possible nonstatistical uses) of the information ( * http://www.eia.doe.gov/ oiaf/1605/Forms.html * ). For instructions on obtaining materials, see the FOR FURTHER INFORMATION CONTACT section. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following issues are provided to assist in the preparation of comments. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for this collection is estimated to range between 32 hours to 64 hours per response on Form EIA-1605, depending on the type of report and level of detail the respondent chooses to report at, or an average of 48 hours. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC, July 17, 2006. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-12039 Filed 7-26-06; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0023; FRL-8079-1] Notice of Filing of a Pesticide Petition for Establishment of an Exemption from the Requirement of a Tolerance for Residues of Sodium Chlorite/Chlorine Dioxide in or on Various Food and Feed Commodities; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; correction. SUMMARY: EPA issued a notice in the **Federal Register** of June 7, 2006, announcing the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerance for residues of sodium chlorite/sulfur dioxide [sic] in or on wheat/barley/oats (grain, straw), and wheat (aspirated grain fractions) food and feed commodites. This document is being issued to correct the chemical name that was misrepresented in the document. FOR FURTHER INFORMATION CONTACT: Bryant Crowe, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-0025; e-mail address: *crowe.bryant@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the June 7, 2006 notice a list of those 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 . 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-OPPT-2006-0023. 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 Bldg.), 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. 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. What Does this Correction Do? FR Doc. E6-8718 published in the **Federal Register** of June 7, 2006 (71 FR 32952) (FRL-8065-5), is corrected as follows: 1. On page 32952, second column, in the heading, the chemical name “Sodium Chlorite/Sulfur Dioxide” is corrected to read “Sodium Chlorite/Chlorine Dioxide.” 2. On page 32952, second column, in the SUMMARY , the chemical name “sodium chlorite/sulfur dioxide” is corrected to read “sodium chlorite/chlorine dioxide.” 3. On page 32953, second column, under the heading “New Exemption from Tolerance,” fifth line, the chemical name “sodium chlorite/sulfur dioxide” is corrected to read “sodium chlorite/chlorine dioxide.” List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: July 19, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6-12052 Filed 7-26-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2006-0397; FRL-8079-7] TSCA Section 21 Petition; Response to Citizen's Petition AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: On April 21, 2006, the Sierra Club petitioned EPA under section 21 of the Toxic Substances Control Act

(TSCA)to take four actions under TSCA to mitigate risks from lead in toy jewelry. The petitioner requested that EPA:

(1)Require TSCA section 8(d) health and safety data reporting;

(2)submit a report to the Consumer Product Safety Commission

(CPSC)under TSCA section 9;

(3)issue a significant new use rule pursuant to TSCA section 5(a); and

(4)issue quality control orders under TSCA section 6(b). Of the actions requested by the petitioner, TSCA section 21 applies only to the requests for actions under TSCA sections 6(b) and 8(d). For the reasons set forth in this notice, EPA has denied the petition to initiate rulemaking under these two sections. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline&epa.gov* . *For technical information contact* : Doreen Cantor, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)566-0486; e-mail address: *cantor.doreen@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me You may potentially be affected by this action if you manufacture, import, or distribute in commerce toy jewelry containing lead, or if you manufacture, import, process, or distribute in commerce lead. Potentially affected entities may include, but are not limited to: • (NAICS code 339914) Costume jewelry and novelty manufacturing • (NAICS code 339932) Game, toy, and children's vehicle manufacturing This listing is not intended to be exhaustive, but rather provides a guide for readers regarding some of the 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 technical 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 number EPA-HQ-OPPT-2006-0397. The docket is available for public viewing at the EPA Docket Center, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Public Reading Room telephone number is

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

(202)566-0280. 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/* . Publicly available docket materials are available electronically at *http://www.regulations.gov* or in hard copy at the OPPT docket. II. Background A. What is a TSCA Section 21 Petition Section 21 of TSCA allows citizens to petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under TSCA section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth facts that the petitioner believes establish the need for the action requested. EPA is required to grant or deny the petition within 90 days of its filing. If EPA grants the petition, the Agency must promptly commence an appropriate proceeding. If EPA denies the petition, the Agency must publish its reasons for the denial in the **Federal Register** . Within 60 days of denial, or the expiration of the 90-day period, if no action is taken, the petitioners may commence a civil action in a U.S. district court to compel initiation of the requested rulemaking proceeding. B. What Action is Requested Under this TSCA Section 21 Petition? On April 21, 2006, the Sierra Club petitioned EPA to take four actions intended to reduce risks from toy jewelry containing lead. The Sierra Club defines toy jewelry as any item that serves a decorative but no or minimal functional purpose that is valued at less than $20 per item. The requested actions are: • Require TSCA section 8(d) health and safety data reporting for lead and lead salts. • Submit a TSCA section 9 report to CPSC regarding lead and lead salts. • Issue a TSCA section 5(a) significant new use rule regarding lead and lead salts in toy jewelry. • Issue TSCA section 6(b) quality control orders regarding production of toy jewelry. The petition also requested certain actions by CPSC. Again, of the actions requested by the petitioner, TSCA section 21 applies only to actions under TSCA sections 6(b) and 8(d), and these requests are addressed in this notice. III. Disposition of Petition EPA does not believe that the actions requested by the petitioner under TSCA sections 6(b) and 8(d) would be helpful in addressing the problem presented by lead in toy jewelry, at this time. These two requests are therefore denied. The other two requests, for actions under TSCA sections 5(a) and 9, are not petitionable under TSCA section 21. Section 21 enumerates specific sections and subsections of TSCA under which any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule or an order. Sections 5(a) and 9 are not included. A. Request to Issue Section 6(b) Quality Control Order Regarding Production of Toy Jewelry EPA does not believe that section 6(b) is an appropriate tool to address the risks associated with lead in toy jewelry at this time. The use of section 6(b) would be most beneficial when the Agency can identify a small number of companies who, by their unique actions, are causing unreasonable risks to be present. In the case at hand, EPA believes that this approach may be inadequate and inefficient. Information contained in several of the public comments suggests that there may be numerous instances where toy jewelry containing lead is still available in the marketplace. EPA is working in coordination with CPSC to understand the scope of the problem. A holistic and proactive approach may be more effective and less resource intensive than the case-by-case approach provided for under section 6(b). Where the Administrator has a reasonable basis to conclude that a particular manufacturer or processor is manufacturing or processing a chemical substance or mixture in a manner which unintentionally causes the chemical substance or mixture to present an unreasonable risk, TSCA section 6(b)(1) allows the Administrator to require the manufacturer or processor to provide information regarding the relevant quality control procedures followed in the manufacturing or processing. If the Administrator then determines such procedures are inadequate, TSCA section 6(b)(2) allows the Administrator to require the manufacturer or processor to revise its procedures. EPA notes that only orders under section 6(b)(2) are subject to TSCA section 21. The request contained in this petition is for orders to remedy quality control procedures where necessary (section 6(b)(2)). However, EPA is not in a position to issue such orders at this time because it has not issued any section 6(b)(1) orders that could provide the basis for section 6(b)(2) orders. The request that EPA identify and issue section 6(b) orders to all manufacturers and processors producing toy jewelry with greater than 0.06% lead is therefore denied. However, EPA is not foreclosing the possibility of issuing section 6(b) orders in the future should it conclude that section 6(b) is an appropriate tool to address risks presented by particular manufacturers or processors. B. Request to Require TSCA Section 8(d) Health and Safety Data Reporting for Lead and Lead Salts TSCA section 8(d) authorizes the Agency to promulgate rules requiring that manufacturers, processors, and distributors of chemical substances or mixtures submit lists and copies of such health and safety studies to the Administrator. While this could allow the Agency to require the submission of health and safety studies on lead and lead salts, the Agency does not believe that a section 8(d) rule would provide useful information, at this time. Extensive and detailed information on the toxicity of lead is already widely available. The Agency is already in possession of voluminous information on the health hazards of lead, and has undertaken numerous rulemakings and other actions based on this information. Along with the rest of the federal government and many other bodies, the Agency has concluded that lead can cause multiple adverse health effects, and has set a goal to eliminate lead poisoning as a major health concern in children by 2010. While the Agency is always open to the receipt of additional information on the health and safety of various substances, it believes that the health effects of lead are already well-known and accepted. Over the course of EPA's many rulemaking and policy development efforts to address lead risks to children, including numerous notice and comment proceedings, public meetings, and other fora for exchange of information, EPA believes that it has assessed the most critical existing lead health and safety studies that EPA and/or CPSC would find most valuable for regulatory purposes. While it is possible some new information could be obtained from a section 8(d) rule, EPA does not consider it likely that it would gain significant new information through a section 8(d) rule requiring the types of studies identified by the petitioner. In addition, it is not clear that EPA has authority to obtain under section 8(d) all of the information identified by the petitioner (e.g., information on marketing and patterns of use). For the reasons described above, EPA does not believe, at this time, that the requested section 8(d) rule would be helpful in assessing the risks to children from lead in toy jewelry and is, thus, denying this request. However, EPA is continuing to work with CPSC, and would consider doing a targeted section 8(d) rule should EPA conclude in the future that it has a need for specific information that could likely be obtained through this mechanism. IV. Related Issues After receiving this petition, EPA published a notice in the **Federal Register** soliciting comments and further information on the issues associated with lead in toy jewelry (71 FR 30921, May 31, 2006) (FRL-8069-3). EPA has carefully assessed this information, along with the information provided in the petition, and will continue to evaluate this information and conduct additional analyses to better understand the scope and severity of this issue. Despite EPA's reservations about the specific approaches requested in this petition, the Agency is concerned about the continuing use of lead in toy jewelry and is working with CPSC to develop the most effective means to address this issue. The two Agencies have met four times since receiving this petition and have established an interagency group to identify the most effective steps to move forward. In the short-term, EPA will work with CPSC to examine approaches to outreach to retailers. V. Comments Received EPA received 10 comments in response to the **Federal Register** notice published May 31, 2006 (71 FR 30921), announcing EPA's receipt of this TSCA section 21 petition. Five comments were received from state and municipal governmental agencies (Chicago, Minnesota, Minneapolis/Hennepin County, New York State, and Illinois), all of which strongly supported the petition. Several of these comments included survey data and anecdotal information showing that toy jewelry containing lead is available and causes moderate to severe health effects. These comments stressed the need for Federal action to eliminate lead from toy jewelry. Several comments also stressed that Federal action is needed to eliminate lead from other consumer and children's products as well. Four comments were received from other sources (a private citizen, the Regulated Community Compliance Project of Boston University, the Coastal Health District, and Kids in Danger) which were also supportive of the petition, describing health risks to children from lead in toy jewelry. These comments did not include additional data, except that one (from Kids In Danger) included its 2004 report “Playing With Poison: Lead Poisoning Hazards of Children's Products, 1990-2004”). These comments also urged federal action to eliminate lead in toy jewelry and in other products. One trade association (the Association of Battery Recyclers (ABR)) submitted comments. This commenter opposed the petition for the TSCA section 8(d) request, on the bases that the petitioner had not identified benefits to be derived from the use of section 8(d), had not demonstrated why EPA action is needed given CPSC programs, and was overly broad. The comment also opposed the TSCA section 9 request on the basis of being overly broad. This commenter had no comment on the requests for action under TSCA sections 5(a) and 6(b). EPA has considered these comments in responding to the petition. List of Subjects Environmental protection, lead, children's health. Dated: July 20, 2006. James B. Gilliford Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E6-12044 Filed 7-26-06; 8:45 am] BILLING CODE 6560-50-S FEDERAL ELECTION COMMISSION Sunshine Act Notices Date and Time: Tuesday, August 1, 2006 at 10:00 a.m. Place: 999 E Street, NW., Washington, DC. Status: This meeting will be closed to the public. Items to be Discussed: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. Date and Time: Thursday, August 3, 2006 at 10 a.m. Place: 999 E Street, NW., Washington, DC (Ninth Floor). Status: This meeting will be open to the public. Items to be discussed: Correction and Approval of Minutes. Final Audit Report—2004 Democratic National Convention Committee, Inc. (DNCC). Routine Administrative Matters. Person to Contact for Information: Mr. Robert Biersack, Press Officer. Telephone:

(202)694-1220. Mary W. Dove, Secretary of the Commission. [FR Doc. 06-6565 Filed 7-25-06; 2:49 pm]

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