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Code · REGISTER · 2006-08-14 · Energy Information Administration (EIA), Department of Energy (DOE) · Notices

Notices. Agency information collection activities: proposed collection; comment request

18,324 words·~83 min read·/register/2006/08/14/06-6878·

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

BILLING CODE 6450-01-C 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 the proposed three-year extension to the Form OE-781R, “Report of International Electrical Export/Import Data.” DATES:
Comments must be filed by October 13, 2006. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Steven Mintz. To ensure receipt of the comments by the due date, submission by FAX (202-586-5860) or e-mail ( *steven.mintz@hq.doe.gov* ) is recommended. The mailing address is Office of Electricity Delivery and Energy Reliability (Mail Code OE-20), U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350.
Alternatively, Mr. Mintz may be contacted by telephone at 202-586-9506. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Mr. Mintz at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. No. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. No. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program.
This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. 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 energy 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. The Office of Electricity Delivery and Energy Reliability, which currently has programmatic responsibility formerly held by the Office of Coal and Power Imports and Exports (Fossil Energy), will monitor the levels of electricity imports and exports and issue summary tabulations in a staff Annual Report. This information will be kept in the public docket files and will be available for public inspection and copying. The Office will also provide monthly tabulations of these data for use by the Energy Information Administration. II. Current Actions A clearance package will be submitted to the Office of Management and Budget requesting approval of a three-year extension with no change of the currently-approved collection. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines 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 average 10 hours per response for those reporting annually, and 2 hours per response for those reporting quarterly. 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. No. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC, August 8, 2006. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-13242 Filed 8-11-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Western Area Power Administration Proposed Amended Navajo Power Marketing Plan AGENCY: Western Area Power Administration, DOE. ACTION: Notice of public process and call for comments. SUMMARY: The Bureau of Reclamation (Reclamation) has requested that Western Area Power Administration (Western), a Federal power marketing agency of the Department of Energy (DOE), initiate and administer a public process to obtain comments on the proposed Amended Navajo Power Marketing Plan (Amended Plan). This notice initiates that public process. The proposed Amended Plan is to provide for the future marketing of the United States' entitlement to generation from the Navajo Generating Station (Navajo) which is in excess of the pumping requirements of the Central Arizona Project
(CAP)and certain needs for desalting and protective pumping facilities. The proposed Amended Plan was developed in consultation with representatives of Reclamation, Western, the Governor of Arizona, and the Central Arizona Water Conservation District (CAWCD) as required by the Hoover Power Plant Act of 1984 (Act). All interested parties are invited to submit comments to Western concerning the proposed Amended Plan. Western will provide all comments and related public record documents to Reclamation for its review and response prior to the consideration and adoption of the Amended Plan by the Secretary of the Interior, in accordance with the Act. DATES: The comment period begins today and ends November 13, 2006. Western will present a detailed explanation of the proposed Amended Plan at public information forums. The public information forums dates and times are: 1. September 19, 2006, 1 p.m. MST, Phoenix, AZ. 2. September 22, 2006, 1 p.m. PDT, Ontario, CA. Western will accept oral and written comments on the proposed Amended Plan at public comment forums. The public comment forums dates and times are: 1. October 10, 2006, 1 p.m. MST, Phoenix, AZ. 2. October 11, 2006, 1 p.m. PDT, Ontario, CA. Western will accept written comments any time during the comment period. ADDRESSES: The public information forum and the public comment forum locations are: 1. Phoenix—Western Area Power Administration, Desert Southwest Regional Office, 615 South 43rd Ave., Phoenix, AZ. 2. Ontario—Doubletree Hotel Ontario Airport, 222 North Vineyard Ave., Ontario, CA. Written comments concerning the proposed amendment should be sent to Mr. J. Tyler Carlson, Regional Manager, Desert Southwest Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457. Written comments may also be faxed to
(602)605-2490, attention: Brian Young. Documents associated with this public process may be viewed at *http://www.wapa.gov/dsw/pwrmkt.* As access to Western facilities is controlled, any U.S. citizen wishing to attend any meeting held at Western must present an official form of picture identification, such as a driver's license, U.S. passport, U.S. Government ID, or U.S. Military ID, at the time of the meeting. Foreign nationals should contact Western at least 45 days in advance of the meeting to obtain the necessary form to attend the meeting. FOR FURTHER INFORMATION CONTACT: Mr. Brian Young, Remarketing Program, Desert Southwest Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, telephone
(602)605-2594, *e-mail navajoplan@wapa.gov.* The original Navajo Power Marketing Plan dated December 1, 1987 (Original Plan) is available for viewing at *http://www.wapa.gov/dsw/pwrmkt.* SUPPLEMENTARY INFORMATION: The United States acquired an entitlement to 24.3 percent of generation available at Navajo for use by CAP pursuant to the Colorado River Basin Project Act (43 U.S.C. 1501, *et seq.* ) The CAP is a Reclamation multi-purpose water resource development and management project in Arizona. Section 107(a) of the Act provides that the capacity and energy associated with the United States' interest in Navajo which is in excess of the pumping requirements of the CAP and any needs for desalting and protective pumping facilities (Navajo Surplus Power) shall be marketed and exchanged by the Secretary of Energy. Furthermore, section 107(c) of the Act provides that in the marketing and exchanging of Navajo Surplus Power, the Secretary of the Interior shall adopt the plan deemed most acceptable, after consultation with the Secretary of Energy, the Governor of Arizona, and CAWCD (or its successor in interest to the repayment obligation for the CAP). On December 1, 1987, Reclamation, on behalf of the Secretary of the Interior, adopted the Original Plan which provided for long-term contracts through September 30, 2011. By letter dated July 3, 2006, Reclamation requested that Western initiate and administer a public process to obtain comments on the proposed Amended Plan to provide for the future marketing of Navajo Surplus Power. This proposed Amended Plan contains the framework for the sale and exchange of Navajo Surplus Power, including an annual process to determine the power to be marketed, eligibility criteria, contract provisions, ratesetting provisions, and revenue collection and distribution criteria. Following consideration of comments received and adoption of the Amended Plan by the Secretary of the Interior, the Amended Plan will become effective 30 days after publication in the **Federal Register** . The ratesetting provisions in the proposed Amended Plan were developed to accomplish the requirements of the Act to market and exchange Navajo Surplus Power “for the purposes of optimizing the availability of Navajo surplus and providing financial assistance in the timely construction and repayment of construction costs of authorized features of the Central Arizona project.” These provisions also provide that “rates shall not exceed levels that allow for an appropriate saving for the contractor.” The proposed Amended Plan implements provisions of the Revised Stipulation Regarding A Stay of Litigation ( *Central Arizona Water Conservation District* v. *United States* , *et al.* , No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC). The Revised Stipulation requires that the Original Plan be amended to provide for the establishment of rates for the sale or exchange of Navajo Surplus Power after September 30, 2011 “which optimize the availability and use of revenues” for the Lower Colorado River Basin Development Fund in a manner consistent with the Act. The Arizona Water Settlements Act, Pub. L. 108-451 amends the use of Navajo Surplus Power revenues set forth in 43 U.S.C. 1543(f). The Original Plan also contains a provision to collect an additional rate component that allows CAWCD to recover an advance of funds made to Reclamation for the construction of authorized features of the CAP. The repayment of this advance will be satisfied under contracts pursuant to the Original Plan. The Original Plan also contains specified quantities of capacity and energy to be marketed under long-term contracts. This proposed Amended Plan provides for an annual determination of capacity and energy resources for marketing as Navajo Surplus Power based upon the availability of water for CAP pumping, in conjunction with an annual determination of rates and the various capacity and energy products to be marketed. Navajo Surplus Power under this Amended Plan will be placed under contract for various time periods, which may be short-term, annual, or multi-year. Proposed Amended Navajo Power Marketing Plan I. Purpose and Scope Section 107 of the Hoover Power Plant Act of 1984 requires that a power marketing plan be developed to provide for marketing and exchanging of Navajo Surplus for the purposes of optimizing the availability of Navajo Surplus and providing financial assistance in the timely construction and repayment of construction costs of authorized features of the Central Arizona Project. The Secretary of the Interior adopted the original Navajo Power Marketing Plan on December 1, 1987 (Original Plan). The Revised Stipulation entered in the Central Arizona Project repayment litigation, *Central Arizona Water Conservation District* v. *United States* , *et al.* , No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC (Consolidated Action) requires the Original Plan be amended. The Revised Stipulation requires the amended Navajo Power Marketing Plan provide for the establishment and collection of rates for the sale or exchange of Navajo Surplus Power that optimize the availability and use of revenues for the Lower Colorado River Basin Development Fund while allowing for an appropriate saving for the contractor. Satisfying the requirements of the Revised Stipulation is necessary for final judgment to be entered in the Central Arizona Project litigation. The entry of final judgment in that litigation permits the Secretary of the Interior to make a required finding under the terms of the Arizona Water Settlements Act. A. This Amended Navajo Power Marketing Plan hereinafter called “Plan” shall be applicable to all new or amended contracts for Navajo Surplus entered into after this Plan is adopted. The Original Plan shall remain in effect for all Navajo Surplus contracts entered into before the adoption of this Plan and shall continue until such contracts terminate or are amended in accordance with this Plan. B. This Plan recognizes the obligation of the United States to use its entitlement to electrical capacity and energy from Navajo to provide necessary power for the pumping requirements of the Central Arizona Project and any such needs for desalting and protective pumping facilities as may be required under section 101(b)(2)(B) of the Colorado River Basin Salinity Control Act. C. This Plan provides that Western, working closely with Reclamation and CAWCD, will be the marketing entity responsible for the sale and exchange of Navajo Surplus in accordance with applicable Federal law, regulations and the Revised Stipulation. Western shall market Navajo Surplus directly to, with, or through the Arizona Power Authority, and/or other entities having the status of preference entities under the Reclamation Project Act of 1939. Western may utilize exchange, banking, purchase or sales agreements, or integration with other resources to fulfill any purpose of this Plan. D. This Plan sets parameters for the establishment of Rates, not exceeding levels that allow for an appropriate saving for the contractor, that will optimize the availability and use of revenues from the sale and exchange of Navajo Surplus to provide financial assistance for payment of the operation and maintenance expenses associated with Navajo Surplus and for the purposes set forth in 43 U.S.C. 1543(f), as amended by the Arizona Water Settlements Act, Public Law 108-451. E. This Plan satisfies the obligation of the United States in accordance with the Revised Stipulation, to amend the Original Plan “to provide for the establishment and collection of rates for the sale or exchange of Navajo Surplus Power after September 30, 2011.” F. This Plan specifies that for so long as Navajo operates and there is Navajo Surplus, Western shall continue to market Navajo Surplus under this Plan with such amendments or revisions as may be adopted by the Secretary of the Interior, after consultation with the Secretary of Energy, CAWCD, and the Governor of Arizona and as provided by law, including the authorities set forth in section II. II. Authorities The authorities under which this Plan is developed are: A. Federal Reclamation laws (43 U.S.C. 372 *et seq.,* and all Acts amendatory thereof or supplementary thereto); in particular, the Colorado River Basin Project Act of 1968 (Pub. L. 90-537), the Colorado River Basin Salinity Control Act of 1974 (Pub. L. 93-320), as amended, the Hoover Power Plant Act of 1984 (Pub. L. 98-381), and the Arizona Water Settlements Act of 2005 (Pub. L. 108-451). B. Rules, regulations, and agency agreements of Western and Reclamation issued or made pursuant to applicable law. III. Definitions The following terms wherever used herein shall have the following meanings: A. “Boulder City Marketing Area” shall mean the marketing area defined in the 1984 Conformed Criteria published in the **Federal Register** (49 FR 50585) on December 28, 1984. B. “Central Arizona Project” or “CAP” shall mean the Reclamation multipurpose water resource development and management project in Arizona authorized by the Colorado River Basin Project Act, as amended (43 U.S.C. 1501 *et seq.* ). C. “CAWCD” shall mean the Central Arizona Water Conservation District. D. “Conformed Criteria” shall mean the Conformed General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects published in the **Federal Register** (49 FR 50582) on December 29, 1984. E. “Development Fund” shall mean the Lower Colorado River Basin Development Fund established under section 403 of the Colorado River Basin Project Act. F. “Exchange” shall mean any arrangements providing for delivery of capacity and energy to Western and return of capacity and energy by Western from Navajo within a one year period. G. “Navajo” shall mean the Navajo Generating Station, the thermal generating power plant located near Page, Arizona, and associated transmission facilities. H. “Navajo Entitlement” shall mean the United States' entitlement of 24.3 percent of the generation from Navajo. I. “Navajo Surplus” shall mean capacity and energy associated with the Navajo Entitlement which is in excess of the pumping requirements of the Central Arizona Project and any such needs for desalting and protective pumping facilities as may be required under section 101(b)(2)(B) of the Colorado River Basin Salinity Control Act. J. “New Waddell Dam” or “New Waddell Reservoir” shall mean the regulatory storage facilities constructed on the Agua Fria River as a feature of the CAP. K. “Original Plan” shall mean the original Navajo Power Marketing Plan adopted on December 1, 1987. L. “Plan” shall mean this Amended Navajo Power Marketing Plan. M. “Rate(s)” shall mean the price(s) established by a marketing process for various Navajo Surplus capacity or energy products marketed under this Plan to optimize the availability and use of revenues for the Development Fund. N. “Reclamation” shall mean the Bureau of Reclamation, United States Department of the Interior. O. “Revised Stipulation” shall mean the Revised Stipulation Regarding a Stay of Litigation, Resolution of Issues During the Stay and for Ultimate Judgment Upon the Satisfaction of Conditions, filed with the United States District Court for the District of Arizona in *Central Arizona Water Conservation District* v. *United States* , *et al.* , No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC (Consolidated Action), and that court's order dated April 28, 2003, and any amendments or revisions thereto. P. “Western” shall mean the Western Area Power Administration, United States Department of Energy. IV. Power To Be Marketed A. Reclamation, in consultation with CAWCD, shall annually or more frequently, as appropriate, determine the Navajo Surplus available for sale and exchange by Western, and the period for which it will be available for sale and exchange, taking into consideration among other factors, the following: 1. Existing contractual commitments to deliver Navajo Surplus, including new contracts entered into under the first opportunity provisions of section IV.G of the Original Plan. 2. CAP estimated pumping energy requirements in excess of capacity and energy supplied to CAWCD from Hoover Dam or New Waddell Dam, based on projected CAP water deliveries for that year and successive years. 3. Estimated capacity and energy needs of the United States for desalting and protective pumping facilities, as may be required under section 101(b)(2)(B) of the Colorado River Basin Salinity Control Act. 4. Projected Navajo generation. B. Any Navajo Surplus not sold or exchanged in accordance with paragraph A of this section may, as determined by Western, in cooperation with CAWCD and Reclamation, be sold under appropriate long-term or short-term arrangements. V. Optimization A. To optimize the availability of Navajo Surplus, CAWCD shall utilize, for CAP pumping requirements, Hoover capacity and energy scheduled from Hoover Dam in accordance with the terms and conditions of CAWCD's contract with the Arizona Power Authority to permit additional Navajo capacity and energy to be sold or exchanged by Western as Navajo Surplus. B. To optimize the availability and use of revenues from the sale and exchange of Navajo Surplus: 1. CAWCD will use seasonal and daily power management. Specifically, CAWCD will divert maximum amounts of water from the Colorado River in the winter season for storage in the New Waddell Reservoir and then serve CAP water demands in the summer season from water previously placed in storage. On a daily basis, CAWCD to the extent possible will pump off-peak to optimize the on-peak availability of Navajo Surplus. 2. Western, in consultation with Reclamation and CAWCD, shall develop capacity and energy products from the Navajo Surplus determined to be available under section IV.A for sale or exchange, taking into account market prices for standard capacity and energy products. VI. Eligibility A. Western shall offer Navajo Surplus for sale in the following order of priority, in accordance with part IV, section A of the Conformed Criteria: 1. Preference entities within Arizona. 2. Preference entities within the Boulder City Marketing Area. 3. Preference entities in adjacent Federal marketing areas. 4. Non-preference entities in the Boulder City Marketing Area. B. In the event a bidding or request for proposal process is utilized, after the bids or proposals are received the bidding entities will be given first opportunity, in order of priority, to purchase at a price which is based on the highest offer. C. In the event that a potential contractor fails to place Navajo Surplus capacity and energy under contract within a reasonable period, as specified by Western and in accordance with the terms and conditions offered by Western, the amounts of capacity and energy not placed under contract will be reoffered in accordance with the order of priority specified in paragraph A of this section. D. Arizona entities, regardless of preference status, shall have first opportunity for electrical capacity and energy exchange rights as necessary to implement this Plan. Western, in consultation with CAWCD and Reclamation, may determine that any capacity and energy not subscribed to by Arizona entities for exchange may be offered for sale in the order of priority stated in paragraph A of this section or may be offered to non-Arizona entities for exchange. VII. Contract Provisions A. Western, after consultation with Reclamation and CAWCD, shall enter into all power sales and exchange contracts necessary to carry out the provisions of this Plan in selling and exchanging Navajo Surplus. Navajo Surplus shall be marketed, and exchange rights granted, by Western on behalf of the Secretary of the Interior, under contracts consistent with this Plan and the Conformed Criteria. B. Contracts for the sale or exchange of Navajo Surplus shall specify a delivery point on the Navajo or CAP transmission systems as may be available. If the contractor cannot take delivery of Navajo Surplus into its own system at these delivery points, transmission service arrangements to other delivery points will be the obligation of the contractor. C. CAWCD may be a party to contracts for the sale or exchange of Navajo Surplus for the limited purposes of
(i)concurring that the contracts optimize the financial assistance available for the purposes set forth in 43 U.S.C. 1543(f), as amended by the Arizona Water Settlements Act, Public Law 108-451, and
(ii)affirming any rights and obligations of CAWCD under the contracts. D. Western and the contractor shall agree upon written metering and scheduling instructions prior to any deliveries under this Plan. The metering and scheduling instructions shall provide the operating and accounting procedures for such deliveries. Metering and scheduling instructions are intended to implement terms of the contract, not to modify or amend it, and therefore are subordinate to the contract. Western and the contractor may modify these instructions, as necessary, to reflect changing power system conditions. In the event the contractor fails or refuses to execute the initial metering and scheduling instructions or any revised instructions Western determines to be necessary, Western shall develop and implement temporary instructions until acceptable instructions have been developed and executed by Western and the contractor. VIII. Ratesetting A. Rates for Navajo Surplus developed pursuant to section IV.A shall be established annually by Reclamation and Western, in consultation with CAWCD, through a competitive process that optimizes the availability and use of revenues for the Development Fund with priority to entities in accordance with section VI.A and that allows for an appropriate saving for the contractor, taking into consideration, among other factors, prices for comparable capacity and energy products. B. Rates for Navajo Surplus developed under section IV.B or marketed under the first opportunity provision of the Original Plan shall be established in the contracts for sale of such Navajo Surplus, taking into consideration, among other factors, prices for comparable capacity and energy products, and allowing for an appropriate saving for the contractor. C. Rates developed annually pursuant to this Plan shall not be applicable to pre-existing contracts unless provided for in such contracts. D. Because of the Hoover Power Plant Act of 1984's requirements for noncost-based rates, the Rates established pursuant to this Plan are not suitable to the required review of Western's rates by the Federal Energy Regulatory Commission. All Rates promulgated by the Administrator of Western under this Plan shall be a final act of the Secretary of Energy and shall be subject to review pursuant to the judicial review provided by the Administrative Procedure Act (5 U.S.C. 553, *et seq.* ). IX. Revenue Collection and Distribution Western shall deposit all revenue collected from the marketing of Navajo Surplus under this Plan into the Development Fund, where it will be used: A. First, to pay all costs of operation and maintenance determined to be associated with the sale and exchange of Navajo Surplus, including actual costs for services performed by Reclamation and Western under this Plan including appropriate administrative expenses of Reclamation and Western. B. Second, for the purposes set forth in 43 U.S.C. 1543(f), as amended by the Arizona Water Settlements Act, Public Law 108-451, including crediting funds against the annual CAWCD repayment obligation and funding specific Indian water-related activities. X. Effective Date This Plan will become effective 30 days after publication in the **Federal Register** following adoption by the Secretary of the Interior. XI. Consultation This Plan is deemed most acceptable in accordance with section 107(c) of the Hoover Power Plant Act of 1984 as evidenced by the concurrences below from Western (Secretary of Energy), the Governor of Arizona, and CAWCD. Regulatory Procedure Requirements Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, *et seq.* ) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. Western has determined that this action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability involving rates or services applicable to public property. Environmental Compliance In compliance with the National Environmental Policy Act
(NEPA)of 1969 (42 U.S.C. 4321, *et seq.* ); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500-1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined that this action is categorically excluded from the preparation of an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Small Business Regulatory Enforcement Fairness Act Western determined this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. Dated: August 1, 2006. Michael S. Hacskaylo, Administrator. [FR Doc. E6-13247 Filed 8-11-06; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8208-3] Notice of Disclosure of Confidential Business Information Obtained Under the Comprehensive Environmental Response, Compensation and Liability Act to EPA Contractor Science Applications International Corp.
(SAIC)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; Request for comment. SUMMARY: EPA has authorized SAIC Corp. of Oakland, California, for access to Information which has been submitted to EPA under the environmental statues administered by the Agency. Some of this information may be claimed or determined to be confidential business information (CBI). DATES: Comments concerning CBI access will be accepted through August 31, 2006. ADDRESSEES: Comments should be sent to Peggy Delatorre, Contracting Officer, Environmental Protection Agency Mail Code: MTS-4-3, 75 Hawthorne Street, San Francisco, CA 94105. Telephone:
(415)972-3717. *Notice of Required Determinations, Contract Provisions and Opportunity to Comment:* Under EPA contract number: GS-10F-0076J Delivery Order #0909, SAIC provides enforcement support services to the Environmental Protection Agency Region 9. In performing these tasks, SAIC employees have access to agency documents for purposes of document processing, filing, abstracting, analyzing, inventorying, retrieving, tracking, etc. The documents to which SAIC has access potentially include documents submitted under the Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation, and Liability Act. Some of these documents may contain information claimed as CBI. SAIC is required by contract to protect confidential information. When SAIC's need for the documents is completed, SAIC will return them to EPA. Dated: July 27, 2006. Elizabeth Adams, Acting Director, Superfund Division, U.S. EPA Region IX. [FR Doc. E6-13286 Filed 8-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8208-4] Tribal Strategy; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005 AGENCY: Environmental Protection Agency. ACTION: Notice of availability. SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks
(OUST)is advising the public that on August 7, 2006, EPA issued a strategy for implementing the underground storage tank program in Indian Country (referred to as the tribal strategy) and made the strategy available on EPA's Web site at: *www.epa.gov/oust/fedlaws/epact_05.htm#Final* . EPA developed the tribal strategy to implement Section 1529 of the Energy Policy Act of 2005. DATES: On August 7, 2006, EPA issued and posted the tribal strategy on EPA's Web site. EPA is notifying the public via this notice that the final tribal strategy is available as of August 14, 2006. ADDRESSES: EPA posted the final tribal strategy on our Web site at: *www.epa.gov/oust/fedlaws/epact_05.htm#Final* . Paper copies are also available from the National Service Center for Environmental Publications (NSCEP), EPA's publications distribution warehouse upon request. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 513-489-8695. Ask for: *Strategy For An EPA/Tribal Partnership To Implement Section 1529 Of The Energy Policy Act Of 2005* (EPA-510-R-06-005, August 2006). FOR FURTHER INFORMATION CONTACT: Joseph Vescio, EPA's Office of Underground Storage Tanks, at *vescio.joseph@epa.gov* or
(703)603-0003. SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled the Underground Storage Tank Compliance Act of 2005, contains amendments to Subtitle I of the Solid Waste Disposal Act. This is the first Federal legislative change for the underground storage tank
(UST)program since its inception over 20 years ago. This new law significantly affects Federal and state UST programs; requires major changes to the programs; and is aimed at reducing UST releases to our environment. Section 1529 of the Energy Policy Act requires that EPA, in coordination with Indian tribes, develop and implement a strategy for implementing the UST program in Indian Country. EPA worked closely with tribes to develop the tribal strategy. In June 2006, EPA released a draft of the tribal strategy for public comment. After considering comments, on August 7, 2006, EPA issued the tribal strategy. EPA will implement and use this strategy as a basis for its August 2007 report to Congress, which is required by the Energy Policy Act. You may view the tribal strategy at: *www.epa.gov/oust/fedlaws/epact_05.htm#Final* , which is EPA's Web site. You may also obtain paper copies from NSCEP, EPA's publications distribution warehouse. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 513-489-8695. Ask for: *Strategy For An EPA/Tribal Partnership To Implement Section 1529 Of The Energy Policy Act Of 2005* (EPA-510-R-06-005, August 2006). Dated: August 7, 2006. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E6-13282 Filed 8-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8208-5] Delivery Prohibition Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005 AGENCY: Environmental Protection Agency. ACTION: Notice of availability. SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks
(OUST)is advising the public that on August 7, 2006 EPA issued the delivery prohibition grant guidelines and made the guidelines available on EPA's Web site at: *www.epa.gov/oust/fedlaws/epact_05.htm#Final* . In this notice, EPA is publishing the delivery prohibition grant guidelines in their entirety. EPA developed the delivery prohibition grant guidelines as required by section 1527 of the Energy Policy Act of 2005. DATES: On August 7, 2006, EPA issued and posted the delivery prohibition grant guidelines EPA's web site. EPA is notifying the public via this notice that the delivery prohibition grant guidelines are available as of August 14, 2006. ADDRESSES: EPA posted the delivery prohibition grant guidelines on our Web site at: *www.epa.gov/oust/fedlaws/epact_05.htm#Final* . You may also obtain paper copies from the National Service Center for Environmental Publications (NSCEP), EPA's publications distribution warehouse. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 513-489-8695. Ask for: *Grant Guidelines To States For Implementing The Delivery Prohibition Provision Of The Energy Policy Act Of 2005* (EPA-510-R-06-003, August 2006). FOR FURTHER INFORMATION CONTACT: Tim Roberts, EPA's Office of Underground Storage Tanks, at *roberts.timothy-p@epa.gov* or
(703)603-7144. SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled the Underground Storage Tank Compliance Act of 2005, contains amendments to Subtitle I of the Solid Waste Disposal Act. This is the first Federal legislative change for the underground storage tank
(UST)program since its inception over 20 years ago. This new law significantly affects Federal and state UST programs; requires major changes to the programs; and is aimed at reducing UST releases to our environment. Among other things, the UST provisions of the Energy Policy Act require that states receiving funding under Subtitle I comply with certain requirements contained in the law. OUST worked, and is continuing to work, with its partners to develop grant guidelines that EPA regional tank programs will incorporate into states' grant agreements. The guidelines will provide states that receive UST funds with specific requirements, based on the UST provisions of the Energy Policy Act, for their state UST programs. Section 1527, Subsection
(a)of the Energy Policy Act requires that EPA develop and publish processes and procedures for a delivery prohibition program. EPA worked closely with states, tribes, other Federal agencies, tank owners and operators, UST equipment industry, and other stakeholders to develop draft delivery prohibition grant guidelines. In May 2006, EPA released a draft of the delivery prohibition grant guidelines. After considering comments, on August 7, 2006, EPA issued the delivery prohibition grant guidelines. EPA will incorporate these guidelines into grant agreements between EPA and states. States receiving funds from EPA for their UST programs must comply with the UST provisions of the Energy Policy Act and will be subject to action by EPA under 40 CFR 31.43 if they fail to comply with the guidelines. Grant Guidelines to States for Implementing the Delivery Prohibition Provision of the Energy Policy Act of 2005 U.S. Environmental Protection Agency; Office of Underground Storage Tanks; August 2006 Contents Overview of the Delivery Prohibition Grant Guidelines Why Is EPA Issuing These Guidelines? What Is In These Guidelines? When Do These Guidelines Take Effect? Requirements for Delivery Prohibition What Is Delivery Prohibition? What Underground Storage Tanks Do These Guidelines Apply To? What Definitions Are Used In These Guidelines? Who Is Responsible For Complying With Delivery Prohibition Requirements? Do These Guidelines Apply To Underground Storage Tanks Or To Underground Storage Tank Facilities? How Does A State Implement These Guidelines? What Are The Criteria For Determining Which Underground Storage Tanks Are Ineligible For Delivery, Deposit, Or Acceptance? What Mechanisms May Be Used For Identifying Ineligible Underground Storage Tanks? What Must A State Do To Reclassify Ineligible Underground Storage Tanks As Eligible? What Are The Allowable Processes For Providing Adequate Notice To Underground Storage Tank Owners/Operators And Product Deliverers? How May States Apply Delivery Prohibition In Rural And Remote Areas? What Do States Need To Report To EPA? What Enforcement Authority Must States Have For Delivery Prohibition? How Will States Demonstrate Compliance With These Guidelines? How Will EPA Enforce States' Compliance With The Requirements In These Guidelines? For More Information About the Delivery Prohibition Grant Guidelines Background About The Energy Policy Act Of 2005 Overview of the Delivery Prohibition Grant Guidelines Why Is EPA Issuing These Guidelines? U.S. Environmental Protection Agency (EPA), in consultation with states, underground storage tank
(UST)owners, and the product delivery industry, developed these grant guidelines to implement the delivery prohibition provision in Section 9012 of the Solid Waste Disposal Act (SWDA), enacted by the Underground Storage Tank Compliance Act, part of the Energy Policy Act of 2005 signed by President Bush on August 8, 2005. Subsection
(a)of Section 1527 of the Energy Policy Act amends Subtitle I of the Solid Waste Disposal Act by adding Section 9012, which includes a delivery prohibition requirement for states receiving Federal funds under Subtitle I. Section 9012 requires EPA to develop and publish guidelines that describe the processes and procedures for the delivery prohibition provision by August 8, 2006. The guidelines must address the following five processes and procedures a state receiving Subtitle I funding (hereafter referred to as “state”) must follow to implement delivery prohibition: • The criteria for determining ineligible underground storage tanks; • The mechanisms for identifying ineligible underground storage tanks; • The process for reclassifying ineligible underground storage tanks as eligible; • The process(es) for providing adequate notice to underground storage tank owners/operators and product deliverers; and, • The process for determining the specified geographic areas subject to the rural and remote areas consideration. EPA's Office of Underground Storage Tanks
(OUST)is issuing these grant guidelines to establish the minimum requirements states receiving Subtitle I funding must meet in order to comply with the delivery prohibition provision of the Energy Policy Act of 2005. What Is In These Guidelines? These guidelines describe the minimum requirements a state's delivery prohibition program must contain in order for a state to comply with statutory requirements for Subtitle I funding. These guidelines include definitions, criteria, examples, options, and requirements for states implementing the delivery prohibition provision. When Do These Guidelines Take Effect? A state receiving Subtitle I funding must implement the delivery prohibition requirements described in these guidelines by August 8, 2007. Requirements for Delivery Prohibition What Is Delivery Prohibition? Delivery prohibition is prohibiting the delivery, deposit, or acceptance of product to an underground storage tank that has been determined to be ineligible by EPA or a state implementing agency 1 for such delivery, deposit, or acceptance. 1 The term “state” does not exclude local government implementing agencies. What Underground Storage Tanks Do These Guidelines Apply To? For purposes of this document, the term “underground storage tank” means those tanks that satisfy the definition of underground storage tank in 40 CFR 280.12, except for those tanks identified in 40 CFR 280.10(b) and 280.10(c) as excluded or deferred storage tanks. At a minimum, a state must apply these guidelines to petroleum underground storage tanks. EPA recognizes that many states have the authority to regulate underground storage tanks containing hazardous substances. States may choose to apply delivery prohibition to hazardous substance underground storage tanks in addition to petroleum underground storage tanks. What Definitions Are Used in These Guidelines? Many terms used in these guidelines are defined in 40 CFR 280.12. Unless otherwise noted, the definitions in 40 CFR 280.12 also apply to the terms in these guidelines. For purposes of these guidelines, terms not defined in 40 CFR 280.12 are defined as follows: *Green Tag:* A document, device, tag, or other item identifying an underground storage tank or underground storage tank facility as eligible to receive product. Such item is generally affixed to the fill pipe or otherwise conspicuously displayed at the underground storage tank facility. *Product Deliverer:* Any person 2 who delivers or deposits product into an underground storage tank. This term may include major oil companies, jobbers, petroleum transportation companies, or other product delivery entities. 2 “Person” has the same definition used in 40 CFR 280.12, which includes an individual, trust, firm, joint stock company, consortium, joint venture, commercial entity, United States Government, Federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. *Red Tag:* A tag, device, or mechanism on the tank's fill pipes that clearly identifies an underground storage tank as ineligible for product delivery. The tag or device is easily visible to the product deliverer and clearly states and conveys that it is unlawful to deliver to, deposit into, or accept product into the ineligible underground storage tank. The tag, device, or mechanism is generally tamper resistant. Who Is Responsible for Complying With Delivery Prohibition Requirements? Underground storage tank owners/operators and product deliverers are responsible for not delivering, depositing, or accepting product to an underground storage tank identified by EPA or a state as ineligible to receive product. Do These Guidelines Apply to Underground Storage Tanks or to Underground Storage Tank Facilities? States may choose to prohibit delivery, deposit, or acceptance of product to an individual underground storage tank or to every underground storage tank at a facility. How Does a State Implement These Guidelines? A state implements these guidelines by: • Having the authority to prohibit delivery, deposit, or acceptance of product to an underground storage tank for both equipment and operational violations; and • Developing processes and procedures for a delivery prohibition program that, at a minimum, meet the requirements in these guidelines. The state's delivery prohibition program must meet these guidelines by August 8, 2007. The sections that follow discuss the five categories 3 of processes and procedures required by the Energy Policy Act of 2005. States may choose to be more stringent than these minimum requirements. 3 Delineated in sections 9012(a)(2)(A)-(E) of the Solid Waste Disposal Act. The state must clearly communicate to underground storage tank owners and operators and product deliverers the state's: • Criteria for determining which underground storage tanks are ineligible for delivery, deposit, or acceptance of product; • Mechanism(s) for identifying ineligible underground storage tanks; • Process for reclassifying ineligible underground storage tanks as eligible for delivery, deposit, or acceptance of product; • Process(es) for providing adequate notice to underground storage tank owners and operators and product deliverers that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance of product; and • Delineation of a process for the application of delivery prohibition in rural and remote areas. EPA recognizes that states with existing delivery prohibition programs may already have communicated these requirements to tank owners and operators and product deliverers. States that have already communicated their requirements to tank owners and operators and product deliverers are not required to communicate their requirements any further. However, states must adequately communicate any changes to their existing delivery prohibition program. What Are the Criteria for Determining Which Underground Storage Tanks Are Ineligible for Delivery, Deposit, or Acceptance? The state must develop criteria and timeframes for prohibiting the delivery, deposit, and acceptance of product, in accordance with the provisions below. 4 A state may authorize the delivery or deposit of product to an ineligible underground storage tank if such activity is necessary to test or calibrate the underground storage tank or dispenser system. 4 For certain severe situations at an underground storage tank facility, such as the presence of an on-going release, a state should generally consider using other authorities granted to the state under applicable health and safety or fire codes to immediately mitigate the risk instead of, or in addition to, a state's delivery prohibition authority. A state must classify an underground storage tank as ineligible for delivery, deposit, or acceptance of product as soon as practicable after the state determines an underground storage tank meets one or more of the following conditions: • Required spill prevention equipment is not installed; • Required overfill protection equipment is not installed; • Required leak detection equipment is not installed; • Required corrosion protection equipment is not installed; 5 or 5 A state is not required to but should generally prohibit the delivery, deposit, or acceptance of product for the failure to have corrosion protection equipment on a buried metal flexible connector. • Other conditions a state deems appropriate. The time allowed for a state to identify an underground storage tank as ineligible for delivery, deposit, or acceptance of product for one or more of the above conditions is intended to accommodate various state delivery prohibition procedures, not to provide additional time for underground storage tank owners or operators to return to compliance. Some states have the authority to prohibit delivery at the time of an inspection. A state retains the discretion to decide whether to identify an underground storage tank as ineligible to deliver, deposit, or accept product based on whether the prohibition is in the best interest of the public. In some cases, prohibition of delivery, deposit, or acceptance of product to an underground storage tank is not in the best interest of the public, even in the cases of significant and/or sustained noncompliance (e.g., certain emergency generator underground storage tanks). In other cases, states may choose to classify an underground storage tank as ineligible to receive product but then authorize delivery in emergency situations. 6 6 For example, California provides authority to local implementing agencies to remove red tags from emergency generator tanks that provide power supply in the event of a commercial power failure, store petroleum, and are used solely in connection with an emergency system, legally required standby system, or optional standby system, as defined in Articles 700, 701, and 702 of the National Electric Code of the National Fire Protection Association. A state should also classify an underground storage tank as ineligible for delivery, deposit, or acceptance of product if the owner/operator of that tank has been issued a written warning or citation (notice of violation or other form indicating a violation) under any of the following circumstances and the owner/operator has failed to take corrective action after a reasonable time frame that is determined by the state: • Failure to properly operate and/or maintain leak detection equipment; • Failure to properly operate and/or maintain spill, overfill, or corrosion protection equipment; • Failure to maintain financial responsibility; • Failure to protect a buried metal flexible connector from corrosion; or • Other conditions a state deems appropriate. What Mechanisms May Be Used for Identifying Ineligible Underground Storage Tanks? Tank owners and operators and product deliverers are responsible for ensuring that product is not delivered, deposited, or accepted into an underground storage tank identified as ineligible to receive product. Therefore, a state must use a clear, concise mechanism or mechanisms for identifying ineligible underground storage tanks. The mechanism(s) a state uses must adequately indicate to product deliverers and underground storage tank owners/operators that an underground storage tank is ineligible to receive product. For a state developing a mechanism or mechanisms to use to identify ineligible underground storage tanks, the state should consult with underground storage tank owners/operators and product delivery industries. A state should also consider the ease of reclassifying an underground storage tank as eligible when choosing the method(s) for identifying ineligible underground storage tanks. Some examples of mechanisms for identifying ineligible underground storage tanks include: • Red tags attached to each fill pipe of the ineligible underground storage tank clearly identifying the tank as ineligible for delivery, deposit, or acceptance of product; • Green tags attached to each fill pipe of the eligible underground storage tank clearly identifying the tank as eligible for delivery, deposit, or acceptance of product; or, • A certificate conspicuously displayed at the facility clearly identifying the underground storage tank(s) at the facility as eligible for delivery, deposit, or acceptance of product. What Must a State Do To Reclassify Ineligible Underground Storage Tanks as Eligible? A state must reclassify an ineligible underground storage tank as eligible to receive product as soon as practicable once the state determines that the underground storage tank has been returned to compliance. The state, after notification by the owner/operator that the violation(s) has/have been corrected, must do the following as soon as practicable: • Confirm compliance. If any deficiencies that led to the delivery prohibition remain, the state must notify the owner/operator. • Return the underground storage tank to being eligible to receive product 7 if the violation(s) has/have been corrected and confirmed by the state. 7 After a state implementing agency confirms compliance, the state may authorize another party to reclassify an underground storage tank as eligible for delivery, deposit, or acceptance of product. For example, upon confirming compliance the state may provide written authorization to an owner or operator to remove the red tag from the underground storage tank. States that have used delivery prohibition programs in the past have been responsive to the fact that when an underground storage tank has been classified as ineligible to receive product, it must be reclassified as eligible to receive product as soon as practicable once the owner/operator has corrected the violation(s). For example, many states ensure that underground storage tanks can be reclassified within five
(5)business days and often reclassify within 24 hours of being notified of the correction(s). What Are the Allowable Processes for Providing Adequate Notice to Underground Storage Tank Owners/Operators and Product Deliverers? When an underground storage tank is determined to be ineligible for delivery, deposit, or acceptance of product, the state must make a reasonable effort to notify tank owners and/or operators in writing (e.g., field notification, mail, e-mail, or fax) prior to prohibiting the delivery, deposit, or acceptance of product. If an owner or operator is not present at the facility at the time the underground storage tank is identified as ineligible, an employee 8 at the facility at the time of identification (in lieu of the owner or operator) may be notified in writing prior to prohibiting delivery. 8 A state should generally make every effort to provide the notification to the employee in charge of the facility at the time an undeground storage tank is identified as ineligible for delivery, deposit, or acceptance of product. In addition, a state must develop processes and procedures for notifying product deliverers when an underground storage tank is ineligible for delivery, deposit, or acceptance of product. The mechanism a state chooses for identifying eligible/ineligible underground storage tanks (e.g., green tags, red tags) may provide adequate notice to product deliverers. How May States Apply Delivery Prohibition in Rural and Remote Areas? A state may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of product if such treatment would jeopardize the availability of, or access to, motor fuel in any rural and remote areas. However, a state may only defer application of delivery prohibition for up to 180 days after determining an underground storage tank is ineligible for delivery, deposit, or acceptance of product. This limitation only applies in situations requiring prohibition of delivery, deposit, or acceptance of product, as described in the section entitled, “What Are The Criteria For Determining Which Underground Storage Tanks Are Ineligible For Delivery, Deposit, Or Acceptance?”. What Do States Need To Report to EPA? Each state that receives Subtitle I funding must report to EPA as part of its quarterly or semi-annual performance report the number of underground storage tanks (or underground storage tank facilities) identified as ineligible for delivery, deposit, or acceptance of product during the reporting period. What Enforcement Authority Must States Have for Delivery Prohibition? States must, at a minimum, have the authority to impose civil penalties against any person who delivers, deposits, or accepts product at an underground storage tank identified as being ineligible for such delivery, deposit, or acceptance. How Will States Demonstrate Compliance With These Guidelines? After August 8, 2007, the effective date of the delivery prohibition requirements, and before receiving future grant funding, states must provide one of the following to the appropriate EPA Regional office: • For a state that has met the requirements for delivery prohibition, the state must submit a certification indicating that the state meets the requirements in the guidelines. • For a state that has not yet met the requirements for delivery prohibition, the state must provide a document that describes the state's efforts to meet the requirements. This document must include: —A description of the state's activities to date to meet the requirements in the guidelines; —A description of the state's planned activities to meet the requirements; and —The date by which the state expects to meet the requirements. How Will EPA Enforce States' Compliance With the Requirements in These Guidelines? As a matter of law, each state that receives funding under Subtitle I, which would include a Leaking Underground Storage Tank
(LUST)Cooperative Agreement, must comply with the underground storage tank requirements of the Energy Policy Act. EPA anticipates State and Tribal Assistance Grants
(STAG)funds will be available under the 2007 Appropriations Act for certain purposes authorized by the Energy Policy Act, and EPA will condition STAG grants with compliance with these guidelines. Absent a compelling reason to the contrary, EPA expects to address noncompliance with these STAG grant conditions by utilizing EPA's grant enforcement authorities under 40 CFR Part 31.43, as necessary and appropriate. For More Information About the Delivery Prohibition Grant Guidelines Visit the EPA Office of Underground Storage Tanks Web site at *www.epa.gov/oust* or call 703-603-9900. Background About the Energy Policy Act Of 2005 On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act) contains amendments to Subtitle I of the Solid Waste Disposal Act—the original legislation that created the underground storage tank
(UST)program. This new law significantly affects Federal and state underground storage tank programs, will require major changes to the programs, and is aimed at reducing underground storage tank releases to our environment. The underground storage tank provisions of the Energy Policy Act focus on preventing releases. Among other things, the Act expands eligible uses of the Leaking Underground Storage Tank
(LUST)Trust Fund and includes provisions regarding inspections, operator training, delivery prohibition, secondary containment and financial responsibility, and cleanup of releases that contain oxygenated fuel additives. Some of these provisions require implementation by August 2006; others will require implementation in subsequent years. To implement the new law, EPA and states will work closely with tribes, other Federal agencies, tank owners and operators, and other stakeholders to bring about the mandated changes affecting underground storage tank facilities. To see the full text of this new legislation and for more information about EPA's work to implement the underground storage tank provisions of the law, see: *http://www.epa.gov/oust/fedlaws/nrg05_01.htm* Dated: August 7, 2006. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E6-13283 Filed 8-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY EPA-HQ-OPPT-2006-0683; FRL-8068-8 Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Section 5 of the Toxic Substances Control Act
(TSCA)requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice
(PMN)or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from June 16, 2006 to July 28, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before September 13, 2006. ADDRESSES: Submit your comments, identified by docket identification
(ID)no. EPA-HQ-OPPT-2006-0683, by one of the following methods. • *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO, EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2006-0683. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. • *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2006-0683. EPA's policy is that all comments received will be included in the public docket without change and may be made available online 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 regulations.gov website is an “anonymous access” systems, 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 public 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 regulations.gov 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 electronically through regulations.gov or in hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division, Office of Pollution Prevention and Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the 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 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 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 the estimate. vi. Provide specific examples to illustrate your concerns, and suggested 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. Why is EPA Taking this Action? Section 5 of TSCA requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a PMN or an application for a TME and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from June 16, 2006 to July 28, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. III. Receipt and Status Report for PMNs This status report identifies the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. If you are interested in information that is not included in the following tables, you may contact EPA as described in Unit II. to access additional non-CBI information that may be available. In Table I of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the PMNs received by EPA during this period: the EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer; the potential uses identified by the manufacturer in the PMN; and the chemical identity. **I. 78 Premanufacture Notices Received From: 06/16/06 to 07/28/06** Case No. Received Date Projected Notice End Date Manufacturer/Importer Use Chemical P-06-0616 06/15/06 09/12/06 PPG Aerospace PRC-desoto
(S)Reactive diluent/binder in aerospace sealants
(G)Modified triethylene glycol dithiol P-06-0617 06/19/06 09/16/06 CBI
(G)Destructive use
(G)Brominated polyaromatic compound P-06-0618 06/20/06 09/17/06 CBI
(G)Highly dispersive powdered emulsifier component
(G)Salts of modified tall-oil fatty acid amidoamines P-06-0619 06/20/06 09/17/06 CBI
(G)Highly dispersive powdered emulsifier component
(G)Salts of modified tall-oil fatty acids P-06-0620 06/26/06 09/23/06 Oleon Americas, Inc.
(G)Industrial hydraulic fluid
(S)Fatty acids, C <sup>8-10</sup> , tetraesters with bis[2,2-bis(hydroxymethyl)butyl] adipate P-06-0621 06/27/06 09/24/06 CBI
(S)Base resin for ultra violet light and electron beam curable formulations
(G)Organic acid, polymer with 1,6-hexanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, 2-hydroxyethyl acrylate-blocked P-06-0622 06/27/06 09/24/06 Huntsman Corporation
(S)Intermediate monomer for polymer synthesis
(S)1,2-ethanediol, monocarbamate P-06-0623 06/28/06 09/25/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Aspartic acid, *N,N* ′-(iminodi-alkanediyl)bis, tetraalkane ester P-06-0624 06/28/06 09/25/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Aspartic acid, *N,N,* ′-(iminodi-alkanediyl)bis, tetraalkane ester P-06-0625 06/23/06 09/20/06 CBI
(S)Adhesion promotor for polyurethane
(G)Isocyanate-terminated alkyl alkoxy silane P-06-0626 06/28/06 09/25/06 Forbo adhesives, LLC
(G)Hot melt adhesive
(G)Isocyanate functional polyester urethane polymer P-06-0627 06/28/06 09/25/06 Hi-tech Color, Inc.
(G)Additive in waterbase inks
(G)Styrene acryl polymer P-06-0628 06/28/06 09/25/06 Cytec Surface Specialties Inc.
(S)Ultra violet/electron beam binder resin for coatings
(G)Alkyl diisocyanate, homopolymer, substituted alkenoic acid and heteromonocyclic homopolymer and substituted polyethylene glycol P-06-0629 06/29/06 09/26/06 CBI
(G)Coating component
(G)Polymer of styrene, alkyl methacrylates, and substituted methacrylates P-06-0630 06/29/06 09/26/06 CBI
(G)Coating component
(G)Mixed metal oxide complex P-06-0631 06/28/06 09/25/06 CBI
(G)Open non-dispersive (resin)
(G)Aromatic thermoplastic polyurethane P-06-0632 06/30/06 09/27/06 CBI
(G)Processing aid for vegetable oil refining
(S)Phospholipase c P-06-0633 06/30/06 09/27/06 CBI
(G)Antioxidant
(G)Ncs 1: Substituted phenol P-06-0634 06/30/06 09/27/06 CBI
(G)Antioxidant
(G)Ncs 2: Substituted phenol P-06-0635 07/03/06 09/30/06 CBI
(S)Ingredient in fragrance compound
(S)6,10-dodecadien-1-ol, 3,7,11-trimethyl- P-06-0636 07/03/06 09/30/06 CBI
(S)Curing agent for epoxy coating systems
(G)Polymer of unsaturated fatty acids with phenylalkylene polyamine, epoxy resin and polyether polyamine P-06-0637 07/03/06 09/30/06 CBI
(S)Aromatic polyester used as a component in photoresist manufacture
(G)Aromatic polyester P-06-0638 07/05/06 10/02/06 CBI
(S)Crosslinked polyester used as a component in photoresist manufacture.
(G)Crosslinked cyclic polyester P-06-0639 07/05/06 10/02/06 Alberdingk Boley Inc.
(G)Industrial coatings
(G)Castor oil, dehydrated polymer with adipic acid, ethylenediamine, 1,6-hexanediol, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 1,1′-methylenebis[4-isocyanatocyclohexane], neopentyl glycol and polyethylene glycol mono[2,2-bis(hydroxyalkyl)alkyl] ether, compound with triethylamine P-06-0640 07/05/06 10/02/06 CBI
(G)Masking aid
(G)Isocyanate terminated adduct of polymeric isocyanate with an amine silane P-06-0641 07/06/06 10/03/06 Para-chem, Inc./Standard Division
(G)Binder
(G)Acrylate, polymers with poly(vinyl alcohol) P-06-0642 07/06/06 10/03/06 Para-Chem, Inc./Standard Division
(G)Binder
(G)Acrylate, polymers with poly(vinyl alcohol) P-06-0643 07/06/06 10/03/06 Para-Chem, Inc./ Standard Division
(G)Binder
(G)Acrylate, polymers with poly(vinyl alcohol) P-06-0644 07/07/06 10/04/06 Boulder Scientific Company
(S)Chemical intermediate
(S)Magnesium, bromo(pentafluorophenyl)- P-06-0645 07/07/06 10/04/06 International Flavors and Fragrances, Inc.
(S)Raw material for use in fragrances for soaps, detergents, cleaners and other household products
(S)3-decen-5-one, 4-methyl-, (3e)- P-06-0646 07/07/06 10/04/06 CBI
(G)Industrial coatings binder
(G)Fatty acids, alkyl- unsaturated, dimers, reaction products with bisphenol a-bisphenol a diglycidyl ether polymer and polyethylenepolyamines P-06-0647 07/07/06 10/04/06 CBI
(G)Colorant
(G)Sulfonated azo-naphthalene derivative, salt P-06-0648 07/07/06 10/04/06 CBI
(G)Colorant
(G)Sulfonated azo-naphthalene derivative, salt P-06-0649 07/07/06 10/04/06 CBI
(G)Colorant
(G)Sulfonated azo-naphthalene derivative, salt P-06-0650 07/07/06 10/04/06 CBI
(G)Colorant
(G)Sulfonated azo-naphthalene derivative, salt P-06-0651 07/10/06 10/07/06 CBI
(G)Paint additive
(G)Acrylic polymer P-06-0652 07/10/06 10/07/06 CBI
(G)Paint additive
(G)Acrylic polymer P-06-0653 07/10/06 10/07/06 CBI
(G)Paint additive
(G)Acrylic polymer P-06-0654 07/10/06 10/07/06 CBI
(G)Paint additive
(G)Acrylic polymer P-06-0655 07/11/06 10/08/06 CBI
(G)Synthetic lubricant base stock
(G)Polyol esters P-06-0656 07/11/06 10/08/06 CBI
(G)Synthetic lubricant base stock
(G)Polyol esters P-06-0657 07/11/06 10/08/06 CBI
(S)Coatings application
(G)Alkyl acetoacetate resin P-06-0658 07/12/06 10/09/06 Cytec Surface Specialties Inc.
(S)Flame retardant additive for surface coatings
(G)Phosphine oxide ester P-06-0659 07/13/06 10/10/06 Dow Agrosciences
(S)Intermediate
(G)Macrocyclic lactone derivative salt P-06-0660 07/13/06 10/10/06 Dow Agrosciences
(S)Intermediate
(G)Macrocyclic lactone derivative P-06-0661 07/13/06 10/10/06 CBI
(G)Industrial adhesive primer component for open, non-dispersive use
(G)Naphthalenesulfonic acid salt, polymer with resorcinol, formaldehyde and phenol P-06-0662 07/14/06 10/11/06 CBI
(G)Open non-dispersive (polyurethane lacquer)
(G)Polyester polyurethane P-06-0663 07/14/06 10/11/06 CBI
(G)Open non-dispersive (coating)
(G)Aliphatic polyester - polyurethane P-06-0664 07/14/06 10/11/06 CBI
(G)Open air non-dispersive use
(G)Polyester/urethane acrylate oligomer P-06-0665 07/14/06 10/11/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0666 07/14/06 10/11/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0667 07/14/06 10/11/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0668 07/14/06 10/11/06 PG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0669 07/14/06 10/11/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0670 07/14/06 10/11/06 PPG Industries, Inc.
(G)Component of an industrial coating
(G)Alkenedioic acid, dialkyl ester, reaction products with polyaminocarbomonocycle and alkenoic acid alkyl ester P-06-0671 07/14/06 10/11/06 CBI
(G)Spacer in electronic parts
(S)2-propenoic acid, 1,6-hexanediyl ester, polymers with 2-hydroxyethyl acrylate-blocked hydroxy-terminated polybutadiene-2,4-tdi polymer P-06-0672 07/14/06 10/11/06 CBI
(G)Spacer in electronic parts
(S)Poly(oxy-1,4-butanediyl), .alpha.-(1-oxo-2-propenyl)-.omega.-[(1-oxo-2-propenyl)oxy]-, polymer with diethenylbenzene and ethenylethylbenzene P-06-0673 07/17/06 10/14/06 CBI
(G)Open non-dispersive uses
(G)Silylated polymer P-06-0674 07/19/06 10/16/06 CBI
(G)Polymer used to improve scratch resistance of thermoplastics open/non-dispersive use
(G)Alkene acrylate copolymer P-06-0675 07/20/06 10/17/06 CBI
(S)Hotmelt adhesive for textile/clothes applications
(G)Aliphatic dicarboxylic acid polymer with alkanediamine and lactam P-06-0676 07/20/06 10/17/06 Sasol North America Inc.
(S)Mineral processing (flotation aid) - substitute for diesel; oil recovery (drilling and field fluids) - substitute for diesel
(S)Alcohols, C <sup>2-33</sup> , manufacture. of, by products from, overheads P-06-0677 07/21/06 10/18/06 Dupont Company
(G)Film resin
(G)Ethylene interpolymer P-06-0678 07/21/06 10/18/06 Zeon Chemicals L.P.
(S)Automotive seals and gaskets
(G)Acrylate copolymer P-06-0679 07/21/06 10/18/06 CBI
(G)Ink additive
(G)1,3-benzenedisulfonic acid, 4-[[3-methyl-1-(3-sulfobenzoyl)heteropolycyclel]amino]-, triammonium salt P-06-0680 07/21/06 10/18/06 CBI
(G)Printing ink additive
(G)Polyurethane polymer P-06-0681 07/24/06 10/21/06 CBI
(G)An open non-dispersive use
(G)Bisphenol a type epoxy resin P-06-0682 07/18/06 10/15/06 CBI
(G)Destructive use
(G)Surface modified magnesium hydroxide P-06-0683 07/25/06 10/22/06 Henkel
(S)Hot melt and molding adhesives
(S)Dodecanedioic acid, polymer with 1,6-hexanediamine and piperazine P-06-0684 07/25/06 10/22/06 Henkel
(S)Hot melt and molding adhesives
(S)Decanedioic acid, polymer with 1,6-hexanediamine and piperazine P-06-0685 07/25/06 10/22/06 Henkel
(S)Hot melt and molding adhesives
(S)Fatty acids, C <sup>18</sup> -unsaturated, dimers, hydrogenated, polymers with ethylenediamine, hexamethylenediamine and tetradecanedioic acid P-06-0686 07/25/06 10/22/06 Henkel
(S)Hot melt and molding adhesives
(S)Fatty acids, C <sup>18</sup> -unsaturated, dimers, hydrogenated, polymers with ethylenediamine, piperazine, polypropylene glycol diamine and sebacic acid P-06-0687 07/25/06 10/22/06 Henkel
(S)Hot melt and molding adhesives
(S)Fatty acids, C <sup>18</sup> -unsaturated, dimers, polymers with adipic acid, hexamethylenediamine, polypropylene glycol diamine and tall-oil fatty acids P-06-0688 07/25/06 10/22/06 J.H.Calo Company
(S)Polyester resin for 2 component polyurethane systems
(S)Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 1,4-cyclohexanedimethanol, hexahydro-1,3-isobenzofurandione and 1,2-propanediol P-06-0689 07/25/06 10/22/06 Huntsman International, LLC
(S)Exhaust dyeing of cellulosic fabric
(G)Alkyl amino substituted triazine amino substituted benzenesulfonic acid reaction product with naphthalenesulfonato azo substituted phenyl azo substituted benzenedisulfonic acid cooper compound P-06-0690 07/25/06 10/22/06 CBI
(G)Open non-dispersive thermoplastic resin
(G)Diphenylmethane isocyanate polyester elastomer P-06-0691 07/26/06 10/23/06 CBI
(G)Chemical intermediate
(G)Derivatized triglycerides P-06-0692 07/26/06 10/23/06 CBI
(G)Chemical intermediate
(G)Derivatized hydroxylated triglycerides P-06-0693 07/26/06 10/23/06 CBI
(G)Crude oil production chemical
(G)Alkyl dimethyl betaine In Table II of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the TME received: **I. 1 Test Marketing Exemption Notice Received From: 06/16/06 to 07/28/06** Case No. Received Date Projected Notice End Date Manufacturer/Importer Use Chemical T-06-0008 07/12/06 08/25/06 Cytec Surface Specialties Inc.
(S)Flame retardant additive for surface coatings
(G)Phosphine oxide ester In Table III of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received: **III. 57 Notices of Commencement From: 06/16/06 to 07/28/06** Case No. Received Date Commencement Notice End Date Chemical P-01-0694 07/14/06 07/10/06
(G)Bis(substituted)-1,3-benzenediamine P-01-0855 07/18/06 07/05/06
(G)Substituted vinylether, ethoxylated, propoxylated P-01-0866 06/28/06 06/14/06
(G)Ethylene amine aromatic epoxide adduct P-02-1049 07/10/06 06/21/06
(G)Saturated and unsaturated fatty acids, esters with a polyalcohol P-03-0546 07/03/06 05/26/06
(G)Amine functional epoxy curing agent P-04-0540 07/25/06 07/17/06
(S)2,4-nonanedione, 3-methyl- P-04-0541 07/25/06 07/20/06
(S)3-hexene, 1,1′,1′′-[ethylidynetris(oxy)]tris-, (3z,3′z,3′′z)- P-04-0585 07/25/06 07/01/06
(G)Substituted butyl ethyl magnesium P-04-0640 04/26/06 04/08/06
(G)Multifunctional polycarbodiimide P-04-0830 07/11/06 06/21/06
(G)Alkoxysilane modified silica P-04-0834 06/22/06 05/24/06
(G)Hdi biuret, hydroxyethyl methacrylate prepolymer P-04-0882 07/24/06 07/12/06
(G)Quaternary amino modified silicone-polyether copolymer P-05-0116 07/10/06 07/05/06
(G)Reaction product of alkylcarboxylic acid, substituted alkenyl amine with aromatic anhydride acetate salts P-05-0358 07/21/06 07/14/06
(G)Polycarbodiimide P-05-0416 06/23/06 06/07/06
(G)Acrylic polymer P-05-0483 07/03/06 06/23/06
(G)Reaction products with polyoxypropylenediamine and alkyl ketone P-05-0496 07/05/06 06/07/06
(G)Cyclohexane, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyl-, polymers with hydroxy-terminated saturated hydrocarbon chain, 2-hydroxyethyl acrylate-blocked P-05-0500 07/05/06 06/21/06
(G)Thermochemical mechanical processed maize germ P-05-0687 06/21/06 06/15/06
(G)Siloxane coated alumina nanoparticles P-05-0706 07/07/06 06/15/06
(G)Isocyanate prepolymer P-05-0707 07/24/06 06/19/06
(G)Halogenated *N,N,N* -trialkyl-alkylamminium, *N* -aminocarbonylalkenyl P-05-0724 07/11/06 06/16/06
(G)Quino[2,3-b]acridine-7,14-dione, 5,12-dihydro-2,9-dimethyl-, 4-[[2-(sulfooxy)ethyl]substituted]phenyl derivates, sodium salts P-05-0725 07/18/06 07/08/06
(G)Butanamide, 2-[(2-methoxy-4-nitrophenyl)azo]-n-(2-methoxyphenyl)-3-oxo-,4-[[2-(sulfooxy)ethyl]substituted]phenyl derivates, sodium salts. P-05-0792 07/26/06 07/12/06
(G)Substituted benzenediamine P-05-0814 07/10/06 06/14/06
(S)Tall-oil pitch, sapond., neutralized, sterol-low, ammonium salts P-05-0816 07/10/06 06/15/06
(S)Tall-oil pitch, sapond., neutralized, sterol-low, sodium salts P-06-0004 07/18/06 07/12/06
(G)Butanamide, 2-[(2-methoxy-4-nitrophenyl)azo]-n-(2-methoxyphenyl)-3-oxo-, 4-[(17-substituted-3,6,9,12,15-pentaazaheptadec-1-yl)substituted]phenyl derivates P-06-0007 07/11/06 06/23/06
(G)Quino[2,3-b]acridine-7,14-dione, 5,12-dihydro-2,9-dimethyl-, 4-[(17-substituted-3,6,9,12,15-pentaazaheptadec-1-yl)substituted]phenyl derivates P-06-0012 07/19/06 06/20/06
(G)Polyurethane derivative P-06-0077 06/20/06 06/04/06
(G)Salt of amine with aromatic acid P-06-0078 07/20/06 06/26/06
(G)Dimethylterephthalate, polymer with mixed glycols, ester with a polyethylene glycol ether P-06-0101 07/05/06 05/22/06
(G)Acrylic solution polymer P-06-0165 07/14/06 06/30/06
(G)Halogenated aromatic anhydride copolymer P-06-0177 07/13/06 07/06/06
(G)Isocyanate functional polyester polyether urethane polymer P-06-0185 06/22/06 05/16/06
(G)Substituted polycyclic-acid, ((((halo-((substituted)phenyl)amino) -heterocycle)amino-sulfophenyl)azo)-hydroxy-alkyl-substituted-, sodium salt P-06-0230 06/21/06 06/06/06
(G)Substituted aniline P-06-0246 07/05/06 06/14/06
(G)Modified ketone resin, sodium salt P-06-0260 06/28/06 06/09/06
(G)Naphthalenesulfonic acid azo substituted naphthyl amino substituted triazine amino phenyl sulfonyl alkyl salt compound P-06-0273 07/10/06 06/28/06
(S)Fatty acids, soya, esters with polyethylene glycol mono-me ether P-06-0306 07/05/06 06/15/06
(G)Aqueous polyurethane dispersion P-06-0307 07/18/06 07/11/06
(G)Polyester urethane P-06-0308 07/07/06 06/20/06
(G)Polyester urethane P-06-0309 07/19/06 06/30/06
(S)1,3-benzenedicarboxylic acid, polymer with 2,2-dimethyl-1,3-propanediol, 1,2-ethanediol, 2,5-furandione and 1,2-propanediol, phenylmethyl ester P-06-0314 07/25/06 07/14/06
(G)Polyoxyalkylene siloxane P-06-0316 07/10/06 06/27/06
(G)Aluminum trihydrate surface treated P-06-0329 07/05/06 06/24/06
(G)Fatty acid glycol ester P-06-0331 07/07/06 05/31/06
(G)Silicone polyether modified polyester polyurethane. P-06-0335 06/28/06 06/23/06
(G)Naphthalenesulfonic acid azo substituted naphthalenesulfonic acid amino substituted triazine amino phenyl sulfonyl compound P-06-0338 07/13/06 06/26/06
(G)Condensation polymerized silane functionalized aliphatic amine P-06-0350 07/25/06 06/26/06
(G)Polyoxyalkylene ether P-06-0377 07/18/06 06/29/06
(S)Phosphonic acid, octyl-, monosodium salt P-06-0378 07/18/06 06/29/06
(S)Phosphonic acid, octyl-, disodium salt P-06-0381 06/29/06 06/25/06
(G)Sulfonyl phenyl amino substituted triazine naphthalenesulfonic acid azo phenyl hydroxyl naphthalene hydroxyl azo naphthalenesulfonic acid chromium compound P-06-0387 07/24/06 07/06/06
(G)1,1-diacidsubstituted -2 -(4-aminophenyl) ethanol, monosodium salt P-06-0441 07/24/06 07/17/06
(G)Maleimide alkyl carboxylic acid P-94-2125 07/10/06 07/05/95
(G)Polyesteramide resin P-99-1253 07/05/06 06/29/06
(G)Polyamine adducts List of Subjects Environmental protection, Chemicals, Premanufacturer notices. Dated: August 7, 2006. Darryl S. Ballard, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E6-13285 Filed 8-11-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8209-4] Clean Water Act Section 303(d): Availability of List Decisions AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Availability. SUMMARY: This action announces the availability of and requests public comment on EPA decisions identifying water quality limited segments and associated pollutants in Massachusetts to be listed pursuant to Clean Water Act section 303(d)(2). Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On June 21, 2006, EPA partially approved and partially disapproved Massachusetts' 2004 submittal. Specifically, EPA approved Massachusetts' listing of 734 water body segments, associated pollutants and priority rankings. EPA disapproved Massachusetts' decision not to list ninety
(90)water quality limited segments impaired for mercury. EPA identified these additional water body segments, pollutants, and priority rankings for inclusion on the 2004 section 303(d) list. EPA is providing the public the opportunity to review its decision to add waters and pollutants to Massachusetts' 2004 section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decision on the additional water bodies and pollutants identified for inclusion on Massachusetts' final list. DATES: Comments must be submitted to EPA on or before September 13, 2006. ADDRESSES: Comments on the proposed decisions should be sent to Michael Hill, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (CWQ), Boston, MA 02114-2023, telephone
(617)918-1398, e-mail address *hill.michael@epa.gov* . Oral comments will not be considered. FOR FURTHER INFORMATION CONTACT: Michael Hill at
(617)918-1398 or *hill.michael@epa.gov.* Copies of the proposed decisions explaining EPA's rationale for its partial approval and partial disapproval of Massachusetts' submittal can be obtained from the EPA Web site at *http://www.epa.gov/ne/eco/tmdl/impairedh2o.html* or by writing or calling Mr. Hill at the above address. Underlying documentation comprising the record for these decisions is available for public inspection at the above address. SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act
(CWA)requires that each state identify those waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards. For those waters, states are required to establish TMDLs according to a priority ranking. EPA's Water Quality Planning and Management regulations include requirements implementing section 303(d) of the CWA (40 CFR 130.7). The regulations require states to identify every two years water quality limited waters still requiring TMDLs. The lists of waters still needing TMDLs must also include priority rankings and must identify the waters targeted for TMDL development during the next two years (40 CFR 130.7(d)). Consistent with EPA's regulations, Massachusetts submitted to EPA its final listing decisions under section 303(d)(2) on April 19, 2005. On June 21, 2006, EPA approved Massachusetts' listing of 734 water body segments and associated priority rankings. EPA disapproved Massachusetts' decision not to include 90 water bodies impaired for mercury. EPA identified these additional waters and pollutants along with priority rankings for inclusion on the 2004 section 303(d) list. EPA solicits public comment on its decision to include the 90 lakes and ponds impaired for mercury on Massachusetts' 2004 section 303(d) list. Dated: July 24, 2006. Kenneth Moraff, Deputy Director, Office of Ecosystem Protection, New England Regional Office. [FR Doc. E6-13284 Filed 8-11-06; 8:45 am] BILLING CODE 6560-50-P FARM CREDIT ADMINISTRATION [BM-13-JUL-06-03] Equal Employment Opportunity Programs and Diversity AGENCY: Farm Credit Administration. ACTION: Policy statement. SUMMARY: The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), has updated and reaffirmed at its regular July Board meeting a policy statement on equal employment opportunity and diversity. The policy statement provides guidance to management and staff on addressing affirmative employment and diversity, workplace harassment, the disabled veterans affirmative action program, and the delineation of responsibilities for implementing the Agency's equal employment opportunity and diversity programs. *Effective Date:* July 13, 2006. FOR FURTHER INFORMATION CONTACT: Eric Howard, Equal Employment Opportunity Director, Farm Credit Administration, McLean, Virginia 22102-5090,
(703)883-4481, TTY
(703)883-4056, or Jennifer Cohn, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, Virginia 22102-5090,
(703)883-4020, TTY
(703)883-4020 SUPPLEMENTARY INFORMATION: The text of the Board's policy statement on equal employment opportunity programs and diversity is set forth below in its entirety. Policy Statement on Equal Employment Opportunity Programs and Diversity FCA-PS-62 *Effective Date:* July 13, 2006. *Effect on Previous Action:* Updates FCA-PS-62 [BM-12-SEP-02-02] 9-12-02. *Sources of Authority:* Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e *et seq.* ); Age Discrimination in Employment Act (29 U.S.C. 621 *et seq.* ); Rehabilitation Act of 1973, as amended (29 U.S.C. 721 *et seq.* ); Equal Pay Act of 1974 (29 U.S.C. 206(d)); Civil Service Reform Act of 1978 (5 U.S.C. 3112); Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act) (5 U.S.C. 2301); section 5.9 of the Farm Credit Act of 1971, as amended (12 U.S.C. 2243); Executive Order 11478 (Equal Employment Opportunity in the Federal Government), as amended by Executive Orders 13087 and 13152 to include prohibitions on discrimination based on sexual orientation and status as a parent; Executive Order 13145 (prohibits discrimination in Federal employment based on genetic information); Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency); 29 CFR part 1614; Equal Employment Opportunity Commission Management Directives. Purpose The Farm Credit Administration (FCA or Agency) Board reaffirms its commitment to Equal Employment Opportunity
(EEO)and Diversity
(EEOD)and its belief that all FCA employees should be treated with dignity and respect. The Board also provides guidance to Agency management and staff for deciding and taking action in these critical areas. Importance Unquestionably, the employees who comprise the FCA are its most important resource. The Board fully recognizes that the Agency draws its strength from the dedication, experience, and diversity of its employees. The Board is firmly committed to taking whatever steps are needed to protect the rights of its staff and to carrying out programs that foster the development of each employee's potential. We believe an investment in efforts that strongly promote EEOD will prevent the conflict and the high costs of correction for taking no, or inadequate, action in these areas. The Farm Credit Administration
(FCA)Board Adopts the Following Policy Statement: It is the policy of the FCA to prohibit discrimination in Agency policies, program practices, and operations. Employees, applicants for employment, and members of the public who seek to take part in FCA programs, activities, and services will be treated fairly. FCA, under the appropriate laws and regulations, will: • Ensure equal employment opportunity based on merit and qualification, without discrimination because of race, color, religion, sex, age, national origin, disability, sexual orientation, status as a parent, genetic information, or participation in discrimination or harassment complaint proceedings; • Provide for the prompt and fair consideration of complaints of discrimination; • Make reasonable accommodations for qualified applicants for employment and employees with physical or mental disabilities under law; • Provide an environment free from harassment to all employees; • Create and maintain an organizational culture that recognizes, values, and supports employee and public diversity; • Implement affirmative programs to carry out this policy; and • Develop objectives within the strategic planning process to meet the goals of EEOD and, to the extent practicable, seek to encourage the Farm Credit System to continue its efforts to promote and increase diversity. Diversity The FCA intends to be a model employer. That is, as far as possible, FCA will build and maintain a workforce that reflects the rich diversity of individual differences evident throughout this Nation. The Board views individual differences as complementary and believes these differences enrich our organization. When individual differences are respected, recognized, and valued, diversity becomes a powerful force that can contribute to achieving superior results. Therefore, we will create, maintain, and continuously improve on an organizational culture that fully recognizes, values, and supports employee diversity. The Board is committed to promoting and supporting an inclusive environment that provides to all employees, individually and collectively, the chance to work to their full potential in the pursuit of the Agency's mission. We will provide everyone the opportunity to develop to his or her fullest potential. When a barrier to someone achieving this goal exists, we will strive to remove this barrier. Affirmative Employment The Board reaffirms its commitment to ensuring FCA conducts all of its employment practices in a nondiscriminatory manner. The Board expects full cooperation and support from everyone associated with recruitment, selection, development, and promotion to ensure such actions are free of discrimination. All employees will be evaluated on their EEOD achievements as part of their overall job performance. Though staff commitment is important, the role of supervisors is paramount to success. Agency supervisors must be coaches and are responsible for helping all employees develop their talents and give their best efforts in contributing to the mission of the FCA. Workplace Harassment It is the policy of the FCA to provide a work environment free from unlawful discrimination in any form, and to protect all employees, male or female, from any form of harassment, either physical or verbal. The FCA will not tolerate harassment in the workplace for any reason. The FCA also will not tolerate retaliation against any employee for reporting harassment or for aiding in any inquiry about reporting harassment. Disabled Veterans Affirmative Action Program (DVAAP) A disabled veteran is defined as someone who is entitled to compensation under the laws administered by the Veterans Administration or someone who was discharged or released from active duty because of a service-connected disability. The FCA is committed to increasing the representation of disabled veterans within its organization. Our Nation owes a debt to those veterans who served their country, especially those who were disabled because of service. To honor these disabled veterans, the FCA shall place emphasis on making vacancies known to and providing opportunities for employing disabled veterans. Responsibilities The Chairman and Chief Executive Officer
(CEO)is ultimately responsible for developing and carrying out all EEOD requirements and initiatives in accordance with laws and regulations to fulfill diversity initiatives in approved program plans. To help in fulfilling these responsibilities the CEO, or designee, will select individuals to fill the following positions: • An EEO Director; • Special Emphasis Program Managers required by law or regulation; and • EEO Counselors in sufficient number to ensure the needs of each Agency office are met. Individuals selected for these positions will: • Perform duties as determined by the CEO, and as formally expressed in position descriptions or individual performance rating elements, as appropriate; • Serve on a collateral-duty basis—the CEO will decide the percent of time devoted to these collateral duties, which may be adjusted over time as circumstances and program requirements dictate; • Attend appropriate training in the areas they have responsibility for; and • Develop, monitor progress on, report on, and periodically update program plans in their respective areas of responsibility. The CEO or EEO Director may also establish standing committees to deal with specific issues as they arise. The Head of each Agency office will provide support to the individuals identified above on an as needed basis upon request from the EEO Director. Adopted this 13th day of July 2006 by Order of the Board. Dated: August 8, 2006. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E6-13306 Filed 8-11-06; 8:45 am] BILLING CODE 6705-01-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 Web site at *http://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 September 8, 2006. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309: *1. Florida Bank Group, Inc.* , Tampa, Florida; to acquire 100 percent of the voting shares of Bank of North Florida, Jacksonville, Florida. Board of Governors of the Federal Reserve System, August 9, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-13232 Filed 8-11-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-576A, CMS-10203, CMS-R-64, CMS-3070G-I, and CMS-304/304A] Agency Information Collection Activities: Proposed Collection; Comment Request *Agency:* Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Organ Procurement Organization's (OPO's) Health Insurance Benefits Agreement and Supporting Regulations at 42 CFR 486.301-486.348; *Use:* The information provided on this form serves as a basis for continuing the agreements with CMS and the 58 OPOs for participation in the Medicare and Medicaid programs and for reimbursement of service; *Form Number:* CMS-576A (OMB#: 0938-0512; *Frequency:* Reporting—Every 4 years and as needed; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 58; *Total Annual Responses:* 58; *Total Annual Hours:* 116. 2. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Medicare Health Outcome Survey
(HOS)and supporting regulations at 42 CFR 422.152; *Use:* The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 mandates the collection, analysis and reporting of health outcomes information. The collection of Medicare health outcomes information is necessary to hold Medicare managed care contractors accountable for the quality of care they are delivering. This reporting requirement allows CMS to obtain the information necessary for the proper oversight of the program; *Form Number:* CMS-10203 (OMB#: 0938-New; *Frequency:* Recordkeeping, Reporting: Annually; *Affected Public:* Individuals or Households, Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 320,040; *Total Annual Responses:* 320,040; *Total Annual Hours:* 105,613. 3. *Type of Information Collection Request:* Extension of a currently approved information collection; *Title of Information Collection:* Indirect Medical Education
(IME)and Supporting Regulations 42 CFR 412.105; Direct Graduate Medical Education
(GME)and Supporting Regulations in 42 CFR 413.75-413.73; *Use:* The collection of information on interns and residents
(IR)is needed to properly calculate Medicare program payments to hospitals that incur indirect and direct costs for medical education. The agency's Intern and Resident Information System
(IRIS)and similar contractor systems use the information for producing reports of duplicate full-time equivalent IR counts for IME and GME. The contractors also use this information to ensure that hospitals are properly reimbursed for IME and GME, and help eliminate duplicate reporting of IR counts which inflate payments. The collection of this information affects 1,215 hospitals which participate in approved medical education programs; *Form Number:* CMS-R-64 (OMB#: 0938-0456); *Frequency:* Recordkeeping and Reporting—Annually; *Affected Public:* Not-for-profit and Business or other for-profit institutions; *Number of Respondents:* 1,215; *Total Annual Responses:* 1,215; *Total Annual Hours:* 2,430. 4. *Type of Information Collection Request:* Extension of a currently approved information collection; *Title of Information Collection:* Intermediate Care Facility for the Mentally Retarded or Persons with Related Conditions ICF/MR Survey Report Form and Supporting Regulations at 42 CFR 442.30, 483.410, 483.420, 483.440, 483.50, and 483.460; *Use:* The survey forms are needed to ensure provider compliance. In order to participate in the Medicaid program as an ICF/MR, providers must meet Federal standards. The survey report form is used to record providers' level of compliance with the individual standard requirements and report it to the Federal government; *Form Number:* CMS-3070G-I (OMB#: 0938-0062); *Frequency:* Recordkeeping and Reporting—Annually; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 6,428; *Total Annual Responses:* 6,428; *Total Annual Hours:* 19,284. 5. *Type of Information Collection Request:* Extension of a currently approved information collection; *Title of Information Collection:* Reconciliation of State Invoice and Prior Quarter Adjustment Statement; *Use:* Section 1927 of the Social Security Act requires drug labelers to enter into and have in effect a rebate agreement with CMS for States to receive funding for drugs dispensed to Medicaid recipients. Drug manufacturers must complete and submit to States the CMS-304 form to explain any rebate payment adjustments for the current quarter, and complete and submit the CMS-304A form to States to explain rebate payment adjustments to any prior quarters. Both forms are used to reconcile drug rebate payments made by manufacturers with the States' invoices of rebates due; *Form Number:* CMS-304/304A (OMB#: 0938-0676); *Frequency:* Recordkeeping and Reporting—Quarterly; *Affected Public:* Business or other for-profit; *Number of Respondents:* 550; *Total Annual Responses:* 3,740; *Total Annual Hours:* 139,480. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS's Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received at the address below, no later than 5 p.m. on October 13, 2006. CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development—A, Attention: Melissa Musotto, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: August 3, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-13189 Filed 8-11-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 1997D-0318] (formerly Docket No. 97D-0318) Draft Guidance for Industry on an Amendment Involving Donor Deferral for Transfusion in France Since 1980 to “Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease
(CJD)and Variant Creutzfeldt-Jakob Disease
(vCJD)by Blood and Blood Products”; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of a draft document entitled “Guidance for Industry: Amendment (Donor Deferral for Transfusion in France Since 1980) to ‘Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease
(CJD)and Variant Creutzfeldt-Jakob Disease
(vCJD)by Blood and Blood Products,’” dated August 2006. The draft guidance document, when finalized, is intended to amend FDA's “Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease
(CJD)and Variant Creutzfeldt-Jakob Disease
(vCJD)by Blood and Blood Products” dated January 2002. This draft guidance, which is a level I guidance document, would add to the January 2002 guidance a donor deferral recommendation for donors who have received a transfusion of blood or blood components in France since 1980. After we review comments received on this draft guidance, we intend to incorporate this donor deferral recommendation and reissue the revised January 2002 guidance as a level II guidance document for immediate implementation. DATES: Submit written or electronic comments on the draft guidance by October 13, 2006 to ensure their adequate consideration in preparation of the revisions to the 2002 guidance. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the draft guidance to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The draft guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. Submit written comments on the draft guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . FOR FURTHER INFORMATION CONTACT: Brenda R. Friend, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a draft document entitled “Guidance for Industry: Amendment (Donor Deferral for Transfusion in France Since 1980) to ‘Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease
(CJD)and Variant Creutzfeldt-Jakob Disease
(vCJD)by Blood and Blood Products’” dated August 2006 (Draft Guidance). The Draft Guidance is intended to amend FDA's “Guidance for Industry: Revised Preventive Measures to Reduce the Possible Risk of Transmission of Creutzfeldt-Jakob Disease
(CJD)and Variant Creutzfeldt-Jakob Disease
(vCJD)by Blood and Blood Products” (CJD/vCJD Guidance), dated January 2002, by adding a donor deferral recommendation for donors who have received a transfusion of blood or blood components in France since 1980. After we review comments received on this Draft Guidance, we intend to incorporate this donor deferral recommendation and reissue the revised CJD/vCJD Guidance as a level II guidance document in accordance with § 10.115(g)(4)(i) (21 CFR 10.115(g)(4)(i)). Since the original publication of the CJD/vCJD Guidance, we have learned of additional information warranting revision to the CJD/vCJD Guidance to address a possible increased risk of vCJD transmission from individuals who have received a transfusion of blood or blood components in France. This revision is based on: • The likelihood of exposure to the Bovine Spongiform Encephalopathy
(BSE)agent in that country and • The recent documentation of three presumptive cases of transfusion-transmitted vCJD infection in the United Kingdom (U.K.). Because an unknown but possibly significant number of blood donors might have already been infected in France during peak significant years of the BSE outbreak in Europe, FDA believes that it would be a prudent preventive measure to indefinitely defer all donors (including Source Plasma donors) who received transfusions of blood or blood components in France since 1980. The Draft Guidance is being issued consistent with FDA's good guidance practices regulation (§ 10.115). The Draft Guidance, when finalized, will represent FDA's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirement of the applicable statutes and regulations. II. Comments The Draft Guidance is being distributed for comment purposes only and is not intended for implementation at this time. Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding the Draft Guidance. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in the brackets in the heading of this document. A copy of the Draft Guidance and received comments are available for public examination in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. III. Electronic Access Persons with access to the Internet may obtain the Draft Guidance at either *http://www.fda.gov/cber/guidelines.htm* or *http://www.fda.gov/ohrms/dockets/default.htm* . Dated: August 1, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-13234 Filed 8-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005D-0362] Guidance for Industry on Implementing a Collection Program for Source Plasma Containing Disease-Associated and Other Immunoglobulin G
(IgG)Antibodies; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of a document entitled “Guidance for Industry: Implementing a Collection Program for Source Plasma Containing Disease-Associated and Other Immunoglobulin G
(IgG)Antibodies,” dated August 2006. The guidance document is intended to assist Source Plasma manufacturers in submitting to FDA the appropriate information when implementing an IgG antibody collection program or when adding a new IgG antibody collection to an existing program. This guidance finalizes the draft guidance entitled “Guidance for Industry: Recommendations for Implementing a Collection Program for Source Plasma Containing Disease-Associated and Other Immunoglobulin
(IgG)Antibodies,” dated October 2005, and supersedes the draft reviewers' guide entitled “Disease Associated Antibody Collection Program,” dated October 1, 1995. DATES: Submit written or electronic comments on agency guidances at any time. ADDRESSES: Submit written requests for single copies of the guidance to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. Submit written comments on the guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . FOR FURTHER INFORMATION CONTACT: Brenda R. Friend, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N,Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a document entitled “Guidance for Industry: Implementing a Collection Program for Source Plasma Containing Disease-Associated and Other Immunoglobulin G
(IgG)Antibodies” dated August 2006. The document supersedes the draft reviewers' guide, “Disease Associated Antibody Collection Program,” dated October 1, 1995. The document provides guidance to Source Plasma manufacturers in submitting the appropriate information to FDA when implementing an IgG antibody collection program or when adding a new IgG antibody collection to an existing program. The guidance identifies changes in collection programs that must be documented as minor changes in an annual report to FDA under § 601.12(d)(21 CFR 601.12(d)). These collection programs include disease-associated IgG antibodies and other existing IgG antibodies. The guidance also identifies labeling changes to be submitted as a supplement for changes being effected under § 601.12(f)(2)(i)(E). The guidance neither includes recommendations related to implementing Immunoglobulin M antibody collection programs, nor does it include recommendations for donors who do not meet all donor suitability requirements under 21 CFR 640.63. In the **Federal Register** of October 20, 2005 (70 FR 61135), FDA announced the availability of the draft guidance entitled “Guidance for Industry: Recommendations for Implementing a Collection Program for Source Plasma Containing Disease-Associated and Other Immunoglobulin
(IgG)Antibodies” dated October 2005. FDA received one comment on the draft guidance. However, this comment related to the guidance process itself, not to the draft guidance. No changes other than editorial for clarification have been made to the guidance. The guidance announced in this notice finalizes the draft guidance dated October 2005. The guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents FDA's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirement of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in § 601.12(d) and (f)(2) have been approved under OMB control number 0910-0338. III. Comments Interested persons may, at any time, submit written or electronic comments to the Division of Dockets Management (see ADDRESSES ) regarding this guidance. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in the brackets in the heading of this document. A copy of the guidance and received comments are available for public examination in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. IV. Electronic Access Persons with access to the Internet may obtain the guidance at either *http://www.fda.gov/cber/guidelines.htm* or *http://www.fda.gov/ohrms/dockets/default.htm* . Dated: August 1, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-13233 Filed 8-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection: Comment Request; National Institute of Diabetes and Digestive and Kidney Diseases Information Clearinghouses Customer Satisfaction Survey SUMMARY: In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 to provide opportunity for public comment on proposed data collection projects, the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), the National Institutes of Health (NIH), is giving public notice that the agency proposes to request reinstatement of an information collection activity for which approval has expired. *Proposed Collection:* *Title:* NIDDK Information Clearinghouses Customer Satisfaction Survey. *Type of Information Requested:* Reinstatement, with change, of a previously approved collection for which approval has expired. The OMB control number 0925-0480 expired on July 31, 2003. *Need and Use of Information Collection:* NIDDK is conducting a survey to access the efficiency and effectiveness of services provided by NIDDK's three clearinghouses: the National Diabetes Information Clearinghouse (NDIC); the National Digestive Diseases Information Clearinghouse (NDDIC); and the National Kidney and Urologic Diseases Information Clearinghouse (NKUDRIC). The survey responds to Executive Order 12821, “Setting Customer Service Standards,” which requires agencies and departments to identify and survey their “customers to determine the kind and quality of service they want and their level of satisfaction with existing services.” *Frequency of Response:* On occasion. *Affected Public:* Individuals or households; business and for profit organizations; not-for-profit agencies, *Type of Respondents:* Physicians, healthcare professionals, patients, family and friends of patients. The annual reporting burden is as follows: estimated number of respondents: 5,112; estimated number of responses per respondent: 1; estimated average burden hours per response: 0.025; and estimated total annual burden hours requested: 128. The annualized costs to respondents are estimated at $6,400. There are no capital costs to report. There are no operating or maintenance costs to report. *Request for Comments:* Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points:
(1)Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of the information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection reports and instrument, contact Kathy Kranzfelder, Project Officer, NIDDK Information Clearinghouses, NIH, Building 31, Room 9A06, MSC2560, Behtesda, MD 20892. You may also submit comment and data by electronic mail (e-mail) at *KranzfelderK@mail.nih.gov.* Dated: July 11, 2006. Barbara Merchant, NIDDK Project Clearance Liaison, National Institutes of Health. [FR Doc. 06-6878 Filed 8-11-06; 8:45am]
Connectionstraces to 26
Traces to 26 documents
23 references not yet in our index
  • Pub. L. 93-275
  • Pub. L. 95-91
  • Pub. L. 104-13
  • Pub. L. 108-451
  • Pub. L. 90-537
  • Pub. L. 93-320
  • Pub. L. 98-381
  • 10 CFR 1021
  • 40 CFR 31.43
  • 40 CFR 280.12
  • 40 CFR 280.10(b)
  • 40 CFR 2
  • 40 CFR 130.7
  • 40 CFR 130.7(d)
  • 29 CFR 1614
  • 12 CFR 225
  • 42 CFR 486.301-486
  • 42 CFR 422.152
  • 42 CFR 412.105
  • 42 CFR 413.75-413
  • 42 CFR 442.30
  • 21 CFR 640.63
  • 44 USC 3501-3520
Citation graph
cites case law
Notices
Agency information collection activities: proposed collection; comment request
U.S.C.§ 761
U.S.C.§ 7101
U.S.C.§ 1501
U.S.C.§ 1543
U.S.C.§ 372
U.S.C.§ 553
U.S.C.§ 601
U.S.C.§ 4321
Fed. Reg.Notices
Pub. L.Pub. L. 93-275
Pub. L.Pub. L. 95-91
Pub. L.Pub. L. 104-13
Cites 49 · showing 12Cited by 0 across 0 sources
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