Notices. Notice of intent to hold a public scoping meeting and prepare an Environmental Assessment (EA)

43,117 words·~196 min read·/register/2006/08/16/06-6913

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

BILLING CODE 3410-15-M DEPARTMENT OF AGRICULTURE Rural Utilities Service Georgia Transmission Corporation; Notice of Intent To Hold a Public Scoping Meeting and Prepare an Environmental Assessment AGENCY: Rural Utilities Service, USDA. ACTION: Notice of intent to hold a public scoping meeting and prepare an Environmental Assessment (EA). SUMMARY: Rural Utilities Service (RUS), an agency which administers the U.S. Department of Agriculture's Rural Development Utilities Programs. RUS intends to hold a public scoping meeting and prepare an Environmental Assessment

(EA)in connection with possible impacts related to a project proposed by Georgia Transmission Corporation (GTC), with headquarters in Tucker, Georgia. The proposal consists of the construction of approximately 7 miles of 230 kilovolt

(kV)transmission line from the proposed East Walton 500/230 kV Substation to the proposed Bethabara Substation. The 230 kilovolt transmission line proposal would be located in Walton and Oconee Counties, Georgia. The proposed East Walton 500/230 kV Substation is located in Walton County and the proposed Bethabara Substation in Oconee County. This proposal is a connected action to the East Walton-Rockville 500 kV Transmission Line, the East Walton-Jack's 230 kV Transmission Line that was presented at the scoping meetings held on Monday, April 17, 2006, at Carver Middle School in Monroe, Georgia and Tuesday, April 18, 2006, at the Madison Morgan Cultural Center in Madison, Georgia. GTC is requesting RUS provide financing for the proposal. DATES: RUS will conduct one scoping meeting in an open house format, seeking the input of the public and other interested parties. The meeting will be held from 5 p.m. until 7 p.m., August 22, 2006, in Fellowship Hall of the Bethabara Baptist Church, 4651 Monroe Highway (US 78), Statham, Georgia 30666. An Electric Alternative Evaluation and Macro Corridor Study Report, prepared by Georgia Transmission Corporation, will be presented at the public scoping meeting. The Report will be available for public review at RUS' address provided in this notice, at RUS' Web site: *http://www.usda.gov/rus/water/ees/ea.htm* , at Georgia Transmission Corporation, 2100 East Exchange Place, Tucker, Georgia 30084 and at the following locations: Walton County Library, 217 West Spring Street, Monroe, Georgia 30655; 770 267-4630. Oconee County Library, 1080 Experiment Station Road, Watkinsville, Georgia 30677; 706 769-3950. FOR FURTHER INFORMATION CONTACT: Stephanie Strength, Environmental Protection Specialist, USDA Rural Development, Utilities Programs, Engineering and Environmental Staff, 1400 Independence Avenue, SW., Stop 1571, Washington, DC 20250-1571, telephone

(202)720-0468. Mrs. Strength's E-mail address is *stephanie.strength@wdc.usda.gov* . SUPPLEMENTARY INFORMATION: Georgia Transmission Corporation proposes to construct a 230 kilovolt transmission line from the proposed East Walton 500/230 kV Substation to the proposed Bethabara Substation. It would require a right-of-way of 100 feet. Guyed and unguyed concrete or steel poles ranging in height from 80- to 120-feet would support the East Walton-Bethabara 230 kV conductors. It is anticipated that the transmission line would be in service in 2011. Government agencies, private organizations, and the public are invited to participate in the planning and analysis of the proposal. Representatives from RUS and Georgia Transmission Corporation will be available at the scoping meeting to discuss RUS' environmental review process, describe the project, the purpose and need for the proposal, macro corridors under consideration, and to discuss the scope of environmental issues to be considered, answer questions, and accept comments. Comments regarding the proposal may be submitted (orally or in writing) at the public scoping meeting or in writing for receipt no later than September 22, 2006, to RUS at the address provided in this notice. Georgia Transmission Corporation will prepare an environmental analysis to be submitted to RUS for review from information provided in the alternative evaluation and site selection study and input that may be provided by government agencies, private organizations and the public. RUS will use the environmental analysis to determine the significance of the impacts of the proposal and may adopt it as its Environmental Assessment for the proposal. RUS' Environmental Assessment will be available for review and comment for 30 days. Should RUS determine, based on the Environmental Assessment that the impacts of the construction and operation of the transmission line would not have a significant environmental impact, it will prepare a finding of no significant impact. Public notification of a finding of no significant impact will be published in the **Federal Register** and in newspapers with a circulation in the project area. Any final action by RUS related to the proposal will be subject to, and contingent upon, compliance with environmental review requirements as prescribed by RUS' environmental policies and procedures. Dated: August 7, 2006. Mark S. Plank, Director, Engineering and Environmental Staff, USDA/Rural Development/Utilities Programs. [FR Doc. E6-13411 Filed 8-15-06; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-846] Brake Rotors From the People's Republic of China: Extension of Time Limit for Final Results of Antidumping Duty Administrative and New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Date:* August 16, 2006. FOR FURTHER INFORMATION CONTACT: Erin C. Begnal or Tom Killiam, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-1442 or

(202)482-5222, respectively. Background On May 8, 2006, the Department of Commerce (“Department”) published the preliminary results of the administrative review of the antidumping duty order on brake rotors from the People's Republic of China for the period April 1, 2004, through March 31, 2005. *See Brake Rotors From the People's Republic of China: Preliminary Results and Partial Rescission of the 2004/2005 Administrative Review and Preliminary Notice of Intent To Rescind the 2004/2005 New Shipper Review,* 71 FR 26736 (May 8, 2006) (“Preliminary Results”). The final results of this administrative review are currently due by September 5, 2006. Extension of Time Limit for Final Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), and section 351.213(h)(1) of the Department's regulations, the Department shall issue final results in an administrative review of an antidumping duty order within 120 days after the date on which the notice of preliminary results is published in the **Federal Register** . However, if the Department determines that it is not practicable to complete the review within the specified time period, section 751(a)(3)(A) of the Act allows the Department to extend this deadline to 180 days. The Department has determined that completion of the final results within the originally anticipated time limit, September 5, 2006, is impracticable. The Department requires additional time to analyze the parties' responses to the supplemental questionnaires issued on June 22, 2006, as well as to address the concerns of the interested parties as raised in their June 19, 2006 briefs, June 27, 2006 rebuttal briefs, July 17, 2006 comments on bentonite and coal powder usage, and July 24, 2006, rebuttal comments on this issue. Consequently, it is not practicable to complete the review within the time specified under the Act. Therefore, the Department is extending the time limit for completion of these final results by 45 days to October 20, 2006, in accordance with Section 751(a)(3)(A) of the Act. Additionally, on April 29, 2005, Shanxi Zhongding Auto Parts Co., Ltd. agreed to waive the time limits of its new shipper review, pursuant to 19 CFR 351.214(j)(3), and to have its review conducted concurrently with the 2004/2005 administrative review of this order for the period April 1, 2004, through March 31, 2005. Therefore, the final results of this new shipper review will also be extended by 45 days to October 20, 2006. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 10, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-13474 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-570-827) Certain Cased Pencils from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 16, 2006. FOR FURTHER INFORMATION CONTACT: Brian Smith or Gemal Brangman, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone:

(202)482-1766 or

(202)482-3773, respectively. SUPPLEMENTARY INFORMATION: Background On December 1, 2005, the Department published in the **Federal Register** a notice of “Opportunity to Request Administrative Review” of the antidumping duty order on certain cased pencils from the People's Republic of China (“PRC”) covering the period December 1, 2004, through November 30, 2005. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 70 FR 72109 (December 1, 2005). On December 30, 2005, the petitioners 1 requested an administrative review of the antidumping duty order for Tianjin Custom Wood Processing Co., Ltd. (“TCW”). 2 On January 3, 2006, Orient International Holding Shanghai Foreign Trade Corp. (“SFTC”) requested an administrative review of its sales. On February 1, 2006, the Department published a notice of initiation of an administrative review of the antidumping duty order on certain cased pencils from the PRC with respect to these companies. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 71 FR 5241 (February 1, 2006) (“ *Initiation Notice* ”). 1 The petitioners are Sanford L.P., Musgrave Pencil Company, RoseMoon Inc., and General Pencil Company. 2 The petitioners also requested a review for China First Pencil Company, Ltd., Shanghai Three Star Stationary Industry Corp, and its affiliates Shanghai First Writing Instrument Co., Ltd., Shanghai Great Wall Pencil Co., Ltd., and China First Pencil Fang Zheng Co. On February 14, 2006, SFTC withdrew its request for review. In response to the Department's February 8, 2006, quantity and value questionnaire, TCW stated on February 22, 2006, that it had no exports, sales or entries of subject merchandise to the United States during the POR. On July 24, 2006, the Department placed on the record a list of manufacturers/exporters of the subject merchandise for which the Department initiated administrative reviews, and for which U.S. Customs and Border Protection (“CBP”) suspended liquidation of subject entries during the period of review. *See* the July 24, 2006, memorandum from Brian Smith to the file entitled, “2004-2005 Administrative Review of Certain Cased Pencils from the People's Republic of China: CBP List of Exporters” (“July 24, 2006, Memorandum”). On July 25, 2006, the Department issued a memorandum which stated that the CBP data examined by the Department (and referenced in the July 24, 2006, Memorandum) shows that TCW had no shipments of subject merchandise during the POR and indicated that the Department intended to rescind the administrative review with respect to TCW. *See* the July 25, 2006, memorandum from Brian Smith to the file entitled, “Intent to Rescind in Part the Antidumping Duty Administrative Review on Certain Cased Pencils from the People's Republic of China.” The Department also provided parties in this review until August 1, 2006, to submit comments on the July 24, 2006, Memorandum. On July 31, 2006, the petitioner stated that it did not oppose the Department's intention of rescinding this review with respect to TCW. Partial Rescission of Review Section 351.213(d)(1) of the Department's regulations stipulates that the Secretary will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review, unless the Secretary decides that it is reasonable to extend this time limit. In this case, SFTC withdrew its request for review before the 90-day deadline. Because SFTC was the only party to request the administrative review of itself, we are rescinding, in part, this review of the antidumping duty order on certain cased pencils from the PRC with respect to SFTC. Section 351.213(d)(3) of the Department's regulations stipulates that the Secretary will rescind an administrative review, in whole or in part, with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. Therefore, we are also rescinding this review with respect to TCW because the Department reviewed CBP data which indicated that TCW did not export subject merchandise to the United States during the POR. This review will continue with respect to the other companies listed in the *Initiation Notice* . Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. Antidumping duties for the rescinded companies, where applicable, shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of this notice. This notice is published in accordance with sections 751 and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: August 10, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-13469 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-580-816) Corrosion-Resistant Carbon Steel Flat Products from Korea: Extension of Time Limits for the Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Preeti Tolani at

(202)482-0395, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On September 28, 2005, the U.S. Department of Commerce (“Department”) published a notice of initiation of the administrative review of the antidumping duty order on corrosion-resistant carbon steel flat products from Korea, covering the period August 1, 2004, to July 31, 2005. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 70 FR 56631 (September 28, 2005). On April 18, 2006, the Department published a notice of extension for the preliminary results of this review, extending the time for issuing the preliminary results by 100 days to August 11, 2006. *See Notice of Extension of Time Limits for the Preliminary Results of Antidumping Duty Administrative Review* , 71 FR 19872 (April 18, 2006). Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results to a maximum of 365 days. We determine that completion of the preliminary results of this review by August 11, 2006, is not practicable because the Department requires additional time to analyze supplemental questionnaire responses and comments recently filed by petitioners and respondents participating in this review. Therefore, in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results to the full 365-day period. Therefore, the preliminary results are now due no later than August 31, 2006. The final results continue to be due 120 days after publication of the preliminary results. This notice is published in accordance with sections 751(a)(3) and 777(i)(1) of the Act. Dated: August 10, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-13468 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-570-863 Honey from the People's Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 16, 2006. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Judy Lao, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202-482-0405 and 202-482-7924, respectively. SUPPLEMENTARY INFORMATION: Background On February 1, 2006, the Department of Commerce (“the Department”) published the initiation of the administrative review of the antidumping duty order on honey from the People's Republic of China (“PRC”). *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part* , 71 FR 5241 (February 1, 2006). This review covers the period December 1, 2004, through November 30, 2005. The preliminary results of review are currently due no later than September 5, 2006. Extension of Time Limit for Preliminary Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), the Department shall make a preliminary determination in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order. The Act further provides that the Department may extend that 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. *See* Section 751(a)(3)(A) of the Act. Completion of the preliminary results within the 245-day period is not practicable because of the Department's verification schedule of the companies involved in this administrative review. It is also more practicable to align this administrative review with an ongoing new shipper review of honey from PRC. *See Honey from the People's Republic of China: Notice of Extension of Time Limit for the Preliminary Results of New Shipper Review* , 71 FR 37904 (July 3, 2006). Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completion of the preliminary results of this review by 80 days until November 21, 2006. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: August 9, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-13467 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (A-560-818) Notice of Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Certain Lined Paper Products from Indonesia AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: We determine that imports of certain lined paper products (“CLPP”) are being, or are likely to be, sold in the United States at less than fair value (“LTFV”), as provided in section 735 of the Tariff Act of 1930, as amended (“the Act”). The estimated margins of sales at LTFV are shown in the “Continuation of Suspension of Liquidation” section of this notice. Moreover, we determine that critical circumstances exist with respect to PT. Pabrik Kertas Tjiwi Kimia Tbk (“TK”), but not with respect to all other Indonesian producer/exporters of CLPP from Indonesia. See the “Critical Circumstances” section below. EFFECTIVE DATE: August 16, 2006. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Damian Felton, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0182 or

(202)482-0133, respectively. SUPPLEMENTARY INFORMATION: The Applicable Statute and Regulations Unless otherwise indicated, all citations to the statute are references to the provisions as provided in section 735 of the Tariff Act of 1930, as amended (“the Act”). In addition, unless otherwise indicated, all citations to Department of Commerce (“the Department”) regulations refer to the regulations codified at 19 CFR part 351 (2004). Case History The preliminary determination in this investigation was published on March 27, 2006. *See Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from Indonesia* , 71 FR 15162 (March 27, 2006) (“ *Preliminary Determination* ”). Since the publication of the *Preliminary Determination* , the following events have occurred. On March 27, 2006, the respondent, TK submitted a letter alleging ministerial errors in the *Preliminary Determination* . On April 20, 2006, the Department issued a memorandum extending the deadline for case briefs, hearing request, and rebuttal briefs from April 26, 2006, and May 1, 2006, respectively, to May 1, 2006 (by noon), and May 8, 2006, respectively. On April 21, 2006, petitioner 1 filed a letter responding to TK's ministerial errors letter. Also on April 21, 2006, the Department issued a memorandum finding that TK's March 27, 2006 allegation did not constitute a ministerial error. 1 The petitioner in this investigation is the Association of American School Paper Suppliers and its individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top Flight, Inc.) (“petitioner”). On April 24, 2006, TK requested that the Department postpone the final determination for sixty days. On April 26, 2006, the Department issued a letter responding to letters submitted by TK to the Department on March 22 and 27, 2006. The Department informed TK that the Department remained confident in the integrity of the administrative protective order (“APO”) procedures. On May 1, 2006, TK submitted its case brief and submitted a request for a hearing. Also on May 1, 2006, the Department issued a memorandum describing the Assistant Secretary for Import Administration's tour of a petitioner's facility. On May 5, 2006, TK submitted a letter stating its dissatisfaction with the Department's April 26, 2006, letter. On May 8, 2006 (officially received on May 9, 2006), petitioner submitted the final business proprietary version of the rebuttal brief for the antidumping duty investigation. On May 9, 2006, the Department issued a memorandum describing an *ex parte* meeting between the Assistant Secretary for Import Administration and the Government of Indonesia (“GOI”) and TK for both the antidumping and countervailing duty investigations. Also on May 9, 2006, TK withdrew its May 1, 2006, request for a hearing in the antidumping duty investigation. Finally, on May 9, 2006, the Department published notification of the postponement of the final determination until no later than 135 days after the publication of the *Preliminary Determination* , ( *i.e.* , August 9, 2006). Period of Investigation The period of investigation (“POI”) is July 1, 2004, through June 30, 2005. Scope of Investigation The scope of this investigation includes certain lined paper products, typically school supplies (for purposes of this scope definition, the actual use of or labeling these products as school supplies or non-school supplies is not a defining characteristic) composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets (there shall be no minimum page requirement for looseleaf filler paper) including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product ( *i.e.* , stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of this investigation whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated , included with, or attached to the product, cover and/or backing thereto. Specifically excluded from the scope of this investigation are: • unlined copy machine paper; • writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper; • three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper; • index cards; • printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap; • newspapers; • pictures and photographs; • desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”); • telephone logs; • address books; • columnar pads & tablets, with or without covers, primarily suited for the recording of written numerical business data; • lined business or office forms, including but not limited to: preprinted business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books; • lined continuous computer paper; • boxed or packaged writing stationary (including but not limited to products commonly known as “fine business paper,” “parchment paper, “ and “letterhead”), whether or not containing a lined header or decorative lines; • Stenographic pads (“steno pads”), Gregg ruled (“Gregg ruling” consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book.), measuring 6 inches by 9 inches; Also excluded from the scope of this investigation are the following trademarked products: • Fly TM lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a Fly TM pen-top computer. The product must bear the valid trademark Fly TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • Zwipes TM : A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a Zwipes TM pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar®Advance TM : A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1” wide elastic fabric band. This band is located 2-3/8” from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar®Advance TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). • FiveStar Flex TM : A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar Flex TM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). Merchandise subject to this investigation is typically imported under headings 4820.10.2010, 4820.102020, 4820.10.2050, 4810.22.5044, 4811.90.9090 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the investigation is dispositive. Scope Comments Prior to the *Preliminary Determination* , Continental Accessory Corporation requested that “fashion stationery,” a niche lined paper product, be excluded from the scope of the investigation. We preliminarily found that “fashion notebooks” fell within the scope of this investigation. Because we have received no further scope comments in this proceeding, we are making a final determination that “fashion notebooks” fall within the scope of this investigation. Our analysis has not changed since our *Preliminary Determination* . Facts Available As stated in the *Preliminary Determination* , section 776(a)(2) of the Act provides that, when a respondent withholds information requested by the Department, fails to provide such information by the deadlines requested, impedes the proceeding, or submits unverifiable information, the Department shall use, subject to section 782(d) of the Act, facts otherwise available in reaching the applicable determination. TK withheld information that was requested by the Department, thereby significantly impeding the proceeding. Further, the information that was provided could not be verified, as required by section 782(i) of the Act because TK withdrew from active participation in the review. TK's withdrawal from active participation in the proceeding precluded the Department from verifying TK's information. The Department warned TK of the consequences for failure to respond. *See* Withdrawal Conversation Memorandum; and see second supplemental questionnaire for Section D (January 26, 2006), and third supplemental questionnaire on sections A-C (February 3, 2006). Because the Department was unable to verify TK's information, we cannot use TK's response to calculate a margin. Accordingly, the Department is forced to utilize facts otherwise available. *See* Issues and Decision Memorandum for the Final Results of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances: Certain Lined Paper Products from Indonesia; from Stephen J. Claeys, to Joseph A. Spetrini, at Comment 1 (August 9, 2006) (“Issues and Decision Memo”). Application of Adverse Inferences for Facts Available The use of an adverse inference pursuant to section 776(b) is warranted in this investigation because TK has not cooperated to the best of its ability as it willfully chose not to respond to the Department's supplemental questionnaires and withdrew from active participation in the investigation. The statute authorizes the Department to use adverse inferences when the Department “finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information.” *See* section 776(c) of the Act. Here, TK failed to cooperate to the best of its ability to comply with the Department's January 2006, and February 2006 requests for information. Moreover, TK's withdrawal from active participation in the proceeding precluded the Department from verifying TK's information. Accordingly, the Department is justified in utilizing an adverse inference in this proceeding. We have assigned TK the highest margin stated in the notice of initiation. *See Initiation of Antidumping Duty Investigation: Certain Lined Paper Products from Indonesia* , 70 FR 58374 (October 6, 2005) (“ *Initiation Notice* ”). A complete explanation of the selection, corroboration, and application of adverse facts available can be found in the *Preliminary Determination. See Preliminary Determination* , 71 FR at 15164-66. Since the publication of the *Preliminary Determination* , interested parties have commented on our application of adverse facts available with respect to the LTFV determination. All AFA issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties raised and to which we respond in the Issues and Decision Memo is attached to this notice as an Appendix. The Decision Memo is a public document and is on file in the Central Records Unit, Main Commerce Building, Room B-099, and is accessible on the Web at http://ia.ita.doc.gov/frn/index/html. Accordingly, for the final determination, we continue to use the highest margin stated in *Initiation Notice* for TK. The “All Others” rate remains unchanged as well. *See* Decision Memo at Comments 1-11. Final Critical Circumstances Determination On November 28, 2005, the petitioner in this investigation submitted an allegation of critical circumstances with respect to imports of CLPP from Indonesia. On March 27, 2006, the Department published its *Preliminary Determination* that it had reason to believe or suspect critical circumstances exist with respect to imports of CLPP from Indonesia. *See Preliminary Determination* , 71 FR at 15166-67. We now find that critical circumstances exist for imports of CLPP from Indonesia. *See* Issues and Decision Memo at Comment 12. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing CBP to continue to suspend liquidation of all entries of subject merchandise from Indonesia, that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the *Preliminary Determination* for “all other” Indonesian exporters. For PT. Pabrik Kertas Tjiwi Kimia Tbk, the Department will direct CBP to continue to suspend liquidation of all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after 90 days before the date of publication of the *Preliminary Determination* . CBP shall continue to require a cash deposit or posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as shown below. These suspension of liquidation instructions will remain in effect until further notice. We determine that the following dumping margins exist for the POI: Manufacturer or Exporter Margin (percent) PT. Pabrik Kertas Tjiwi Kimia Tbk 118.63 All Others 97.85 International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (“ITC”) of our determination. The ITC will determine, within 45 days, whether imports of subject merchandise from Indonesia are causing material injury, or threaten material injury, to an industry in the United States. If the ITC determines that material injury or threat of injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP officials to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation. This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: August 9, 2006. Joseph A Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6-13470 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration (C-560-819) Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Certain Lined Paper Products from Indonesia AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) has made a final determination that countervailable subsidies are being provided to producers and exporters of certain lined paper products

(CLPP)from Indonesia. For information on the estimated countervailing duty rates, please see the “Suspension of Liquidation” section, below. EFFECTIVE DATE: August 16, 2006. FOR FURTHER INFORMATION CONTACT: David Layton or David Neubacher, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-0371 or

(202)482-5823, respectively. SUPPLEMENTARY INFORMATION: Petitioner The petitioner in this investigation is the Association of American School Paper Suppliers and its individual members (MeadWestvaco Corporation; Norcom, Inc.; and Top Flight, Inc.) (petitioner). Period of Investigation The period for which we are measuring subsidies, or period of investigation, is January 1, 2004 through December 31, 2004. Case History The following events have occurred since the announcement of the preliminary determination on February 7, 2006, and subsequent publication in the **Federal Register** on February 13, 2006. *See Notice of Preliminary Affirmative Countervailing Duty Determination: Certain Lined Paper Products from Indonesia* , 71 FR 7524 (February 13, 2006) ( *Preliminary Determination* ). Prior to the *Preliminary Determination* , the petitioner submitted comments alleging that the Government of Indonesia

(GOI)provided partial forgiveness of the debt owed by the Sinar Mas Group (SMG)/Asia Pulp & Paper

(APP)to the Indonesian Bank Restructuring Agency

(IBRA)and entrusted and directed creditors of APP to agree to a Master Restructuring Agreement (MRA), which resulted in preferential repayment terms and possible debt forgiveness. The Department did not include these alleged subsidies in its investigation. *See* Memorandum to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, entitled *New Subsidy Allegation* , dated February 10, 2006, which is on file in the Department's Central Records Unit in Room B-099 of the main Department building (CRU). Also on February 10, 2006, 1 PT. Pabrik Kertas Tjiwi Kimia Tbk

(TK)submitted comments on the Department's release of proprietary information to the counsel of an ineligible interested party and TK withdrew from the investigation as an active participant, but reserved its right as an interested party 2 to participate in briefings or hearings. The Department spoke with TK's counsel and confirmed the company would not answer further questionnaires and did not expect verification of its information on the record. 3 Following TK's withdrawal from the investigation, TK and the GOI submitted further comments on the record concerning the Department's APO procedures. The petitioner submitted comments on TK's and the GOI's filings on April 21, 2006. We addressed TK's and the GOI's concerns in a letter to the parties on April 26, 2006. 4 1 Per the Department's request, the submission was refiled on March 22, 2006. 2 Upon learning of this possibility, we immediately contacted counsel for the company to determine its status on the case. The law firm promptly withdrew its application under the Administrative Protective Order

(APO)in the cases involving Indonesia and certified destruction of all APO material it had received related to the Indonesia cases. This was done before February 10, 2006. The respondents did not express concern about any other party with APO access. 3 *See* Memorandum from Susan Kuhbach, Director, to the File regarding Conversation with Counsel for PT. Pabrik Kertas Tjiwi Kimia Tbk.: Respondent's Withdrawal from Active Participation (March 17, 2006, replacing memo placed on the record on February 17, 2006). 4 *See* Letter from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration to Claire Reade, Arnold & Porter LLP regarding Countervailing Duty Investigation: Certain Lined Paper Products from Indonesia (April 26, 2006). On February 15, 2006, TK submitted ministerial error allegations relating to the *Preliminary Determination* . We addressed these ministerial error allegations in an March 8, 2006 memorandum to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, entitled *Ministerial Error Allegations* , which is on file in the CRU. We issued a supplemental questionnaire to the GOI on February 16, 2006. On February 24, 2006, 5 the GOI submitted a letter to the Department in which it stated that it would not provide a response to the Department's questionnaire. The GOI reiterated TK's concerns over the Department's APO procedures ( *see above* ) and stated that the GOI would not respond to any request from the Department that would involve the release of proprietary information. However, the GOI did state that it would respond to any requests by the Department for “understanding Indonesian government laws and regulations and policies on the broader level.” 6 On March 28, 2006, we sent a letter to the GOI requesting that it clarify statements in its March 27, 2006 letter and also reissued the February 16, 2006 supplemental questionnaire to the government. We received a response to our clarification letter and partial response to our February 16, 2006 supplemental questionnaire on April 7, 2006. As the GOI refused to provide a complete response to our questionnaire and refused to allow the Department to conduct a comprehensive verification of its information on the record, we did not conduct verification. 7 5 Per the Department's request, the submission was refiled on March 27, 2006. 6 *See id* . at 6. 7 *See* Memorandum from Constance Handley, Program Manager, to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, regarding Verification of Government of Indonesia Information (April 19, 2006). On March 7, 2006, the Department published notification of alignment of the final determinations in the antidumping and countervailing duty investigations of CLPP from Indonesia. *See Certain Lined Paper Products From India and Indonesia: Alignment of First Countervailing Duty Determination With Antidumping Duty Determination* , 71 FR 11379 (March 7, 2006). The Department subsequently postponed the final determinations for the antidumping and countervailing investigations of CLPP from Indonesia. *See Notice of Postponement of Final Determination of Antidumping and Countervailing Duty Investigations and Extension of Provisional Measures: Certain Lined Paper Products from Indonesia* , 71 FR 26925 (May 9, 2006). On March 30, 2006, the GOI requested that the Department provide clarification on its possible use of adverse facts available. We addressed the GOI's concerns in a letter to the GOI on April 5, 2006. 8 8 *See* Letter from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration to Claire Reade, Arnold & Porter LLP regarding Countervailing Duty Investigation: Certain Lined Paper Products from Indonesia (April 5, 2006). On April 19, 2006, we issued a deadline for the receipt of factual information. The GOI, TK and the petitioner submitted factual information on April 24, 2006. The GOI and TK filed responses to the petitioner's factual information on April 26 and 28, 2006, respectively. We received case briefs from the GOI, TK, and the petitioner on May 1, 2006. The same parties submitted rebuttal briefs on May 8, 2006. No public hearing was held. On August 4, 2006, we placed publicly available data on the record of the investigation and requested comments from parties on the information. The petitioner, TK and the GOI provided comments and rebuttal comments to the information on August 7 and 8, 2006, respectively. Scope of the Investigation The scope of this investigation includes certain lined paper products, typically school supplies, 9 composed of or including paper that incorporates straight horizontal and/or vertical lines on ten or more paper sheets, 10 including but not limited to such products as single- and multi-subject notebooks, composition books, wireless notebooks, looseleaf or glued filler paper, graph paper, and laboratory notebooks, and with the smaller dimension of the paper measuring 6 inches to 15 inches (inclusive) and the larger dimension of the paper measuring 8-3/4 inches to 15 inches (inclusive). Page dimensions are measured size (not advertised, stated, or “tear-out” size), and are measured as they appear in the product ( *i.e.* , stitched and folded pages in a notebook are measured by the size of the page as it appears in the notebook page, not the size of the unfolded paper). However, for measurement purposes, pages with tapered or rounded edges shall be measured at their longest and widest points. Subject lined paper products may be loose, packaged or bound using any binding method (other than case bound through the inclusion of binders board, a spine strip, and cover wrap). Subject merchandise may or may not contain any combination of a front cover, a rear cover, and/or backing of any composition, regardless of the inclusion of images or graphics on the cover, backing, or paper. Subject merchandise is within the scope of this petition whether or not the lined paper and/or cover are hole punched, drilled, perforated, and/or reinforced. Subject merchandise may contain accessory or informational items including but not limited to pockets, tabs, dividers, closure devices, index cards, stencils, protractors, writing implements, reference materials such as mathematical tables, or printed items such as sticker sheets or miniature calendars, if such items are physically incorporated , included with, or attached to the product, cover and/or backing thereto. 9 For purposes of this scope definition, the actual use of or labeling these products as school supplies or non-school supplies is not a defining characteristic. 10 There shall be no minimum page requirement for looseleaf filler paper. Specifically excluded from the scope of this petition are: • unlined copy machine paper; • writing pads with a backing (including but not limited to products commonly known as “tablets,” “note pads,” “legal pads,” and “quadrille pads”), provided that they do not have a front cover (whether permanent or removable). This exclusion does not apply to such writing pads if they consist of hole-punched or drilled filler paper; • three-ring or multiple-ring binders, or notebook organizers incorporating such a ring binder provided that they do not include subject paper; • index cards; • printed books and other books that are case bound through the inclusion of binders board, a spine strip, and cover wrap; • newspapers; • pictures and photographs; • desk and wall calendars and organizers (including but not limited to such products generally known as “office planners,” “time books,” and “appointment books”); • telephone logs; • address books; • columnar pads & tablets, with or without covers, primarily suited for the recording of written numerical business data; • lined business or office forms, including but not limited to: preprinted business forms, lined invoice pads and paper, mailing and address labels, manifests, and shipping log books; • lined continuous computer paper; • boxed or packaged writing stationary (including but not limited to products commonly known as “fine business paper,” “parchment paper, “ and “letterhead”), whether or not containing a lined header or decorative lines; • Stenographic pads (“steno pads”), Gregg ruled, 11 measuring 6 inches by 9 inches; 11 “Gregg ruling“ consists of a single- or double-margin vertical ruling line down the center of the page. For a six-inch by nine-inch stenographic pad, the ruling would be located approximately three inches from the left of the book. Also excluded from the scope of these investigations are the following trademarked products: • Fly TM lined paper products: A notebook, notebook organizer, loose or glued note paper, with papers that are printed with infrared reflective inks and readable only by a Fly TM pen-top computer. The product must bear the valid trademark Fly TM . 12 12 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. • Zwipes TM : A notebook or notebook organizer made with a blended polyolefin writing surface as the cover and pocket surfaces of the notebook, suitable for writing using a specially-developed permanent marker and erase system (known as a Zwipes TM pen). This system allows the marker portion to mark the writing surface with a permanent ink. The eraser portion of the marker dispenses a solvent capable of solubilizing the permanent ink allowing the ink to be removed. The product must bear the valid trademark Zwipes TM . 13 13 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. • FiveStar®Advance TM : A notebook or notebook organizer bound by a continuous spiral, or helical, wire and with plastic front and rear covers made of a blended polyolefin plastic material joined by 300 denier polyester, coated on the backside with PVC (poly vinyl chloride) coating, and extending the entire length of the spiral or helical wire. The polyolefin plastic covers are of specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). Integral with the stitching that attaches the polyester spine covering, is captured both ends of a 1” wide elastic fabric band. This band is located 2-3/8” from the top of the front plastic cover and provides pen or pencil storage. Both ends of the spiral wire are cut and then bent backwards to overlap with the previous coil but specifically outside the coil diameter but inside the polyester covering. During construction, the polyester covering is sewn to the front and rear covers face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. The flexible polyester material forms a covering over the spiral wire to protect it and provide a comfortable grip on the product. The product must bear the valid trademarks FiveStar®Advance TM . 14 14 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. • FiveStar Flex TM : A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3-ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is .019 inches (within normal manufacturing tolerances) and rear cover is .028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar Flex TM . 15 15 Products found to be bearing an invalidly licensed or used trademark are not excluded from the scope. Merchandise subject to this investigation is typically imported under headings 4820.10.2010, 4820.102020, 4820.10.2050, 4810.22.5044, 4811.90.9090 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classifications are provided for convenience and U.S. Customs and Border Protection

(CBP)purposes; however, the written description of the scope of the investigation is dispositive. Scope Comments On October 25, 2005, Continental Accessory Corporation (Continental) filed a request to exclude its fashion notebooks from the scope of the investigation of CLPP from India, Indonesia and the People's Republic of China. The petitioner submitted comments on Continental's request on November 16, 2005. The Department has analyzed both parties' comments and denied Continental's request to have its fashion notebooks excluded from the scope of the investigation. See Memorandum from Damian Felton, International Trade Compliance Analyst, to Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, regarding Scope Exclusion/Clarification Request: Continental Accessory Corporation, dated March 20, 2006, which is on file in the CRU. Injury Test Because Indonesia is a “Subsidies Agreement Country” within the meaning of section 701(b) of the Tariff Act of 1930, as amended, (the Act), section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from Indonesia materially injure, or threaten material injury to, a U.S. industry. On October 31, 2005, the ITC published its preliminary determination that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from China, India, and Indonesia. *See Certain Lined Paper School Supplies From China, India and Indonesia* , 70 FR 62329 (October 31, 2005). Critical Circumstances In the *Preliminary Determination* , the Department preliminary determined that critical circumstances did not exist with respect to imports of CLPP from Indonesia, in accordance with 703(e)(1) of the Act, because there was no indication that the respondent in this investigation received subsidies inconsistent with the WTO Subsidies Agreement, *i.e.* , export subsidies. Since the *Preliminary Determination* , the Department has not received or found additional information on the record that would contradict our preliminary decision that TK does not receive subsidies inconsistent with the WTO Subsidies Agreement. Therefore, in accordance with 705(a)(2) of the Act, we continue to find that critical circumstances do not exist with respect to imports of subject merchandise from Indonesia. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the “Issues and Decision Memorandum” from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated August 9, 2006 ( *Decision Memorandum* ), which is hereby adopted by this notice. Attached to this notice as an Appendix is a list of the issues which parties have raised and to which we have responded in the *Decision Memorandum* . Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in this public memorandum which is on file in the CRU. In addition, a complete version of the *Decision Memorandum* can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Suspension of Liquidation In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have calculated an individual rate for the company under investigation, TK. With respect to the “all others” rate, section 705(c)(5)(A)(ii) of the Act provides that if the countervailable subsidy rates established for all exporters and producers individually investigated are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish an “all others” rate for exporters and producers not individually investigated. In this case, although the rate for the only investigated company is based entirely on facts available under section 776 of the Act, there is no other information on the record upon which we could determine an “all others” rate. As a result, we have used the rate for TK as the “all others” rate. Exporter/Manufacturer Net Subsidy Rate PT. Pabrik Kertas Tjiwi Kimia Tbk 40.55 percent All Others 40.55 percent As a result of our *Preliminary Determination* and pursuant to section 703(d) of the Act, we instructed the CBP to suspend liquidation of all entries of certain lined paper products from Indonesia which were entered or withdrawn from warehouse, for consumption on or after February 13, 2006, the date of the publication of the *Preliminary Determination* in the **Federal Register** . In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for subject merchandise for countervailing duty purposes entered on or after June 13, 2006, but to continue the suspension of liquidation of entries made from February 13, 2006, through June 12, 2006. We will issue a countervailing duty order and reinstate the suspension of liquidation under section 706(a) of the Act if the ITC issues a final affirmative injury determination, and will require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an Administrative Protective Order (APO), without the written consent of the Assistant Secretary for Import Administration. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. This determination is published pursuant to sections 703(f) and 777(i) of the Act. Dated: August 9, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Comments and Issues in the Decision Memorandum *Comment 1:* Application of Adverse Facts Available *Comment 2:* Attribution of Subsidies Received by Cross-owned Companies on Input Products *Comment 3:* Are Subsidized Logs “Primarily Dedicated” to Certain Lined Paper Products? *Comment 4:* Provision of Standing Timber at Preferential Rates *Comment 5:* Government Ban on Log Exports *Comment 6:* Subsidized Funding of Reforestation (Hutan Tanaman Industria

(HTI)Program) *Comment 7:* Loan Guarantee *Comment 8:* Calculation of Subsidy Denominator [FR Doc. E6-13472 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration AGENCY: International Trade Administration, Department of Commerce. ACTION: Notice. SUMMARY: The Commerce Department's International Trade Administration

(ITA)and its U.S. Commercial Service posts in India will host a U.S. delegation to the India Business Summit to be led by Under Secretary for International Trade Franklin L. Lavin, November 29-30, 2006, followed by spin-off missions in six Indian cities, December 4-5, 2006. Leaders of U.S. business, industry, education, and state and local government are among those encouraged to take part in the Summit, which will provide access to India's high-level business, industry, and government representatives and insights into the country's trade and investment climate. The spin-off missions in Bangalore, Calcutta, Chennai, Hyderabad, Mumbai, and New Delhi are open to qualified U.S. exporters in a range of sectors; they will include market briefings, networking events, and one-on-one business appointments with prospective agents, distributors, partners, and end-users. *Recruitment Update:* Applications for the Summit and/or the spin-off missions will be reviewed on a rolling basis. Recruitment will close October 2, 2006, or earlier, if all available spaces are filled prior to that date. More information is available at *http://export.gov/Indiamission.* FOR FURTHER INFORMATION CONTACT: Nancy Hesser at the Department of Commerce in Washington, DC. Telephone:

(202)482-4663. Fax:

(202)482-2718. Dated: August 10, 2006. Nancy Hesser, Manager, Commercial Service Trade Missions Program. [FR Doc. E6-13471 Filed 8-15-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Steller Sea Lion Protection Economic Survey AGENCY: National Oceanic and Atmospheric Administration (NOAA); Department of Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 16, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Dan Lew,

(206)526-4252 or *Dan.Lew@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The National Marine Fisheries Service

(NMFS)plans to conduct a survey with the objective of measuring the preferences that U.S. residents have toward protecting the Steller sea lion (Eumetopias jubatus), which is a listed species under the Endangered Species Act of 1973 (16 U.S.C. 35). NMFS is charged with protecting this species and has identified numerous potential protection options, and begun implementing selected options, to this end (68 FR 204). Since different management options are available to protect Steller sea lions, it is important to understand the public's attitudes toward the variety of potential impacts on Steller sea lions, Alaskan fisheries and fishing communities, and the nation. This information is currently not available, yet is crucial to ensure the efficient management of Alaskan fisheries and protection of Steller sea lions. II. Method of Collection Data will be collected primarily through a mail survey of a random sample of U.S. households. Additional data will be collected in telephone interviews with individuals who do not respond to the mail survey. III. Data *OMB Number:* None. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 2,400 by mail, 2,000 by telephone. *Estimated Time Per Response:* 30 minutes per mail respondent, 6 minutes per telephone respondent. *Estimated Total Annual Burden Hours:* 1,400. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 10, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-13386 Filed 8-15-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Southeast Region Logbook Family of Forms AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 16, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Steve Turner,

(305)361-4482 or *Steve.Turner@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The participants in most Federally-managed fisheries in the Southeast Region are currently required to keep and submit catch and effort logbooks from their fishing trips. A subset of these vessels also provide information on the species and quantities of fish, shellfish, marine turtles, and marine mammals that are caught and discarded or have interacted with the vessel's fishing gear. A subset of these vessels also provide information about dockside prices, trip operating costs, and annual fixed costs. The data are used for scientific analyses that support critical conservation and management decisions made by national and international fishery management organizations. Interaction reports are needed for fishery management planning and to help protect endangered species and marine mammals. Price and cost data will be used in analyses of the economic effects of proposed regulations. II. Method of Collection The information is submitted on paper forms. Logbooks are completed daily and submitted on either a by trip or monthly basis, depending on the fishery. Fixed costs are submitted on an annual basis. Other information is submitted on a trip basis. III. Data *OMB Number:* 0648-0016. *Form Number:* None. *Type of Review:* Regular submission. Affected Public: Business or other for-profit organizations; individuals or households. *Estimated Number of Respondents:* 5,658. *Estimated Time Per Response:* 20 minutes for a catch and effort report for the Columbian waters fishery; 10 minutes for logbook trip reports in other fisheries; 2 minutes for a negative catch and effort or logbook trip report; 12 minutes for a headboat logbook in the Gulf of Mexico reef fishery and coastal migratory pelagic fisheries and the South Atlantic snapper-grouper fishery; 15 minutes for an aquacultured live rock logbook report; 10 minutes for a trip operating cost survey from the 20% sample of fishermen selected; 30 minutes for an annual fixed-cost economic survey from the 20% sample of fishermen selected; 10 minutes for cost data in the swordfish fishery; and 15 minutes for a discard and marine mammal/bird/sea turtle interaction report from the 20% sample of fishermen selected. *Estimated Total Annual Burden Hours:* 16,773. *Estimated Total Annual Cost to Public:* $0. IV. Request for Comments Comments are invited on:

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

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

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

(1044)and Dr. Michael Fawcett (M. Fawcett) in Bodega, CA (1045). This document serves to notify the public of the availability of the permit applications for review and comment. DATES: Written comments on the permit applications must be received no later than 5 p.m. Pacific Standard Time on September 15, 2006. ADDRESSES: Comments submitted by e-mail must be sent to the following address *FRNpermits.SR@noaa.gov* . The applications and related documents are available for review by appointment, for permits 1044 Modification 4 and 1045 Modification 1: Protected Resources Division, NMFS, 777 Sonoma Avenue, Room 315, Santa Rosa, CA 95404 (ph: 707-575-6097, fax: 707-578-3435, e-mail: *Jeffrey.Jahn@noaa.gov* ). FOR FURTHER INFORMATION CONTACT: Jeffrey Jahn at phone number 707-575-6097, or e-mail: *Jeffrey.Jahn@noaa.gov* . SUPPLEMENTARY INFORMATION: Authority Issuance of permits and permit modifications, as required by the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on a finding that such permits/modifications:

(1)are applied for in good faith;

(2)would not operate to the disadvantage of the listed species which are the subject of the permits; and

(3)are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits and modifications are issued in accordance with and are subject to the ESA and NMFS regulations governing listed fish and wildlife permits (50 CFR parts 222-226). Those individuals requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES ). The holding of such a hearing is at the discretion of the Assistant Administrator for Fisheries, NOAA. All statements and opinions contained in the permit action summaries are those of the applicant and do not necessarily reflect the views of NMFS. Species Covered in This Notice This notice is relevant to Federally threatened Southern Oregon/Northern California Coast coho salmon ( *Oncorhynchus kisutch* ), endangered Central California Coast coho salmon ( *O. kisutch* ), threatened California Coastal Chinook salmon ( *O. tshawytscha* ), endangered Sacramento River winter-run Chinook salmon ( *O. tshawytscha* ), threatened Central Valley spring-run Chinook salmon ( *O. tshawytscha* ), threatened Northern California steelhead ( *O. mykiss* ), threatened Central California Coast steelhead ( *O. mykiss* ), threatened Central Valley steelhead ( *O. mykiss* ), threatened South-Central California Coast steelhead ( *O. mykiss* ), and endangered Southern California steelhead ( *O. mykiss* ). Permit Extension and Modification Request Received SWFSC requests a 5-year extension and modification of permit

(1044)for take of Southern Oregon/Northern California Coast coho salmon, Central California Coast coho salmon, California Coastal Chinook salmon, Sacramento River winter-run Chinook salmon, Central Valley spring-run Chinook salmon, Northern California steelhead, Central California Coast steelhead, Central Valley steelhead, South-Central California Coast steelhead, and Southern California steelhead to conduct salmonid population distribution, population abundance, life history, population dynamics, and population genetics research in various streams and estuaries throughout California. SWFSC requests authorization for an estimated annual non-lethal take of 500 juvenile California Coastal Chinook salmon, 500 juvenile Sacramento River winter-run Chinook salmon, and 500 juvenile Central Valley spring-run Chinook salmon, with no more than 2.5 percent unintentional mortality to result from capture (by electrofishing, seine, trap, or hook and line), handling, and release of fish. SWFSC also requests authorization for an estimated annual non-lethal take of 3,500 juvenile Southern Oregon/Northern California Coast coho salmon and 2,000 juvenile Central California Coast coho salmon, with no more than 2.5 percent unintentional mortality to result from capture (by electrofishing, seine, trap, or hook and line), handling, sampling (by collection of scales, fin clips, or stomach contents), marking (using fin clips, passive integrated transponder

(PIT)tags, visible implant elastomer

(VIE)tags, or visible implant alpha (VI alpha) tags), and release of fish. SWFSC also requests authorization for an estimated annual non-lethal take of 25,000 juvenile Northern California steelhead, 20,000 juvenile Central California Coast steelhead, 5,000 juvenile Central Valley steelhead, 35,000 juvenile South-Central California Coast steelhead, and 3,000 juvenile Southern California steelhead, with no more than 5 percent unintentional mortality to result from capture (by electrofishing, seine, trap, or hook and line), handling, sampling (by collection of scales, fin clips, or stomach contents), marking (using fin clips, PIT tags, VIE tags, or VI alpha tags), and release of fish. SWFSC also requests authorization for an estimated annual non-lethal take of 1,000 adult Southern Oregon/Northern California Coast coho salmon and 250 adult Northern California steelhead with no more than 1 percent unintentional mortality to result from capture (by seine, trap, or hook and line), handling, sampling (by collection of scales or fin clips), marking (using fin clips, PIT tags, or external anchor tags), and release of fish. In addition, SWFSC requests take of previously dead adult carcasses of Southern Oregon/Northern California Coast coho salmon, Central California Coast coho salmon, California Coastal Chinook salmon, Sacramento River winter-run Chinook salmon, Central Valley spring-run Chinook salmon, and Northern California steelhead to conduct salmonid population distribution, population abundance, life history, population dynamics, and population genetics research in various streams throughout California. SWFSC requests authorization to handle, tissue sample, and release an estimated 2,000 Southern Oregon/Northern California Coast coho salmon adult carcasses, 250 Central California Coast coho salmon adult carcasses, 250 California Coastal Chinook salmon adult carcasses, 500 Sacramento River winter-run Chinook salmon adult carcasses, 1,000 Central Valley spring-run Chinook salmon adult carcasses, and 250 Northern California steelhead adult carcasses annually. In addition, SWFSC requests intentional lethal take of Northern California steelhead, Central California Coast steelhead, Central Valley steelhead, and South-Central California Coast steelhead to conduct salmonid life history, population dynamics, and population genetics research in various streams, estuaries, and coastal waters of California. SWFSC requests authorization for an estimated annual lethal take of 1,000 juvenile Northern California steelhead, 1,000 juvenile Central California Coast steelhead, 1,000 juvenile Central Valley steelhead, 400 adult Central Valley steelhead, 1,000 juvenile South-Central California Coast steelhead, and 100 adult South-Central California Coast steelhead to be captured (by electrofishing, seine, trap, or hook and line), handled, and sacrificed for collection of various tissues. Renewal and Modification Request Received M. Fawcett requests to renew and modify a 5-year permit

(1045)for take of juvenile Central California Coast coho salmon, California Coastal Chinook salmon, and Central California Coast steelhead to conduct fish population monitoring in the Russian River watershed (including Green Valley Creek, Mark West Creek, Santa Rosa Creek, Maacama Creek, Sausal Creek, Gird Creek, and Miller Creek) in Sonoma County, California. M. Fawcett requests authorization for an estimated annual non-lethal take of 150 juvenile Central California Coast coho salmon, 50 juvenile California Coastal Chinook salmon, and 4,900 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, and release of fish. M. Fawcett also requests authorization for an estimated annual non-lethal take of 100 juvenile Central California Coast coho salmon and 300 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, fin clipping, and release of fish. M. Fawcett also requests take of juvenile Central California Coast coho salmon, California Coastal Chinook salmon, and Central California Coast steelhead to conduct fish population monitoring in the estuary and watershed of Salmon Creek in Sonoma County, California. M. Fawcett requests authorization for an estimated annual non-lethal take of 25 juvenile Central California Coast coho salmon, 50 juvenile California Coastal Chinook salmon, and 900 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, and release of fish. M. Fawcett also requests authorization for an estimated annual non-lethal take of 50 juvenile Central California Coast coho salmon and 100 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, fin clipping, and release of fish. In addition, M. Fawcett requests take of juvenile Northern California steelhead and Central California Coast steelhead to conduct fish population and genetics monitoring in numerous small coastal streams between Gualala River and Estero Americano in Sonoma County, California. M. Fawcett requests authorization for an estimated annual non-lethal take of 50 juvenile Northern California steelhead and 25 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, and release of fish. M. Fawcett also requests authorization for an estimated annual non-lethal take of 200 juvenile Northern California steelhead and 75 juvenile Central California Coast steelhead, with no more than 1 percent unintentional mortality to result from capture (by seine), handling, fin clipping, and release of fish. Dated: August 11, 2006. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources,National Marine Fisheries Service. [FR Doc. E6-13465 Filed 8-15-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D.080806E] Endangered and Threatened Species; Recovery Plans AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of Availability; request for comments. SUMMARY: The National Marine Fisheries Service

(NMFS)announces the availability of a proposed Hood Canal Summer Chum Salmon Recovery Plan

(Plan)for the Evolutionarily Significant Unit

(ESU)of Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon ( *Oncorhynchus keta* ) for public review. This proposed Recovery Plan consists of the Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan prepared by the Hood Canal Coordinating Council (the HCCC Plan) and a NMFS Supplement to the HCCC Plan. NMFS is soliciting review and comment on the proposed Plan from the public and all interested parties. DATES: NMFS will consider and address all substantive comments received during the comment period. Comments must be received no later than 5 p.m. Pacific Daylight Time on October 16, 2006. ADDRESSES: Please send written comments and materials to Elizabeth Babcock, National Marine Fisheries Service, Salmon Recovery Division, 7600 Sandpoint Way N.E. Seattle, WA 98115. Comments may also be submitted by e-mail to: *HCsalmonplan@noaa.gov* . Include in the subject line of the e-mail comment the following identifier: Comments on Hood Canal Salmon Plan. Comments may also be submitted via facsimile

(fax)to 206-526-6426. Persons wishing to review the Plan can obtain an electronic copy (i.e., CD-ROM) from Carol Joyce by calling 503-230-5408 or by e-mailing a request to *carol.joyce@noaa.gov* , with the subject line “CD-ROM Request for Hood Canal Salmon Plan”. Electronic copies of the Plan are also available on-line on the Hood Canal Coordinating Council Web site, www.hccc.wa.gov/. A description of previous public and scientific review, including scientific peer review, can be found in the NMFS Supplement to the Plan. FOR FURTHER INFORMATION CONTACT: Elizabeth Babcock, NMFS Puget Sound Salmon Recovery Coordinator, at 206-526-4505, or Elizabeth Gaar, NMFS Salmon Recovery Division, at 503-230-5434. SUPPLEMENTARY INFORMATION: Background Recovery plans describe actions considered necessary for the conservation and recovery of species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 *et seq.* ). The ESA requires that recovery plans incorporate:

(1)objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered;

(2)site-specific management actions necessary to achieve the plan's goals; and

(3)estimates of the time required and costs to implement recovery actions. The ESA requires the development of recovery plans for listed species unless such a plan would not promote the recovery of a particular species. NMFS' goal is to restore endangered and threatened Pacific salmon ESUs to the point where they are again secure, self-sustaining members of their ecosystems and no longer need the protections of the ESA. NMFS believes it is critically important to base its recovery plans on the many state, regional, tribal, local, and private conservation efforts already underway throughout the region. The agency's approach to recovery planning has been to support and participate in locally led collaborative efforts involving local communities, state, tribal, and Federal entities, and other stakeholders to develop recovery plans. As the lead ESA agency for listed salmon, NMFS is responsible for reviewing these locally produced recovery plans and deciding whether adoption is merited. On November 15, 2005, the Hood Canal Coordinating Council (HCCC), a regional council of governments, presented its locally developed listed species recovery plan

(Plan)to NMFS. The HCCC is a watershed-based council of governments that was established in 1985 in response to concerns about water quality problems and related natural resource issues in the watershed. It was incorporated in 2000 as a 501(c)3, Public Benefit Corporation under RCW 24.03. Its board of directors includes the county commissioners from Jefferson, Kitsap, and Mason counties, and elected tribal council members from the Skokomish and Port Gamble S'Klallam Tribes. It also includes a slate of ex-officio board members composed of representatives from state and Federal agencies. After review of the Plan, NMFS has added a Supplement, which describes how the Plan satisfies ESA recovery plan requirements, including qualifications and additional actions that NMFS believes are necessary to support recovery, and describes the agency's intent to use the Plan as an ESA recovery plan for the Hood Canal Summer Chum ESU. The Plan, including the Supplement, which together constitute NMFS' proposed recovery plan for Hood Canal summer chum, is now available for public review and comment. As noted above, it is available at the Hood Canal Coordinating Council Web site, *www.hccc.wa.gov/* , and at the NMFS Northwest Region Salmon Recovery Division Web site, *www.nwr.noaa.gov/Salmon-Recovery-Planning/index.cfm* . NMFS will consider all substantive comments and information presented during the public comment period (see DATES ). By endorsing a locally developed recovery plan, NMFS is making a commitment to implement the actions in the Plan for which it has authority, to work cooperatively on implementation of other actions, and to encourage other Federal agencies to implement plan actions for which they have responsibility and authority. NMFS will also encourage the State of Washington to seek similar implementation commitments from state agencies and local governments. NMFS expects the Plan to help NMFS and other Federal agencies take a more consistent approach to future ESA section 7 consultations. For example, the Plan will provide greater biological context for the effects that a proposed action may have on the listed ESU. This context will be enhanced by adding recovery plan science to the “best available information” for section 7 consultations. Such information includes: viability criteria for the ESU and its independent populations; better understanding of and information on limiting factors and threats facing the ESU; better information on priority areas for addressing specific limiting factors; and better geographic context for where the ESU can tolerate varying levels of risk. ESUs Addressed and Planning Area The Plan covers the range of the Hood Canal summer-run chum salmon ESU ( *Oncorhynchus keta* ), listed as threatened on March 25, 1999 (64 FR 14508). NMFS reviewed the ESU in 2005 and determined that it still warranted ESA protection (Good et al., 2005). The range of the Hood Canal summer chum is the northeastern portion of the Olympic Peninsula in Washington State. The ESU includes summer-run chum salmon populations that spawn naturally in tributaries to Hood Canal as well as in Olympic Peninsula rivers between Hood Canal and Dungeness Bay. The recovery planning area includes portions of the Washington counties of Jefferson, Mason, Kitsap, and Clallam; the reservations of the Skokomish, Port Gamble S'Klallam, and Jamestown S'Klallam Tribes; and portions of Water Resource Inventory Areas (WRIAs) 14, 15, 16, 17, and 18. The Plan focuses on the recovery of Hood Canal summer chum salmon. Two other ESA-listed salmonid species, Puget Sound Chinook salmon and Coastal/Puget Sound bull trout, are indigenous to the Hood Canal and eastern Strait of Juan de Fuca regions encompassed by the Plan. The Shared Strategy for Puget Sound, a nonprofit organization that coordinates recovery planning for Puget Sound Chinook, submitted a recovery plan for Puget Sound Chinook salmon to NMFS and on December 27, 2005, NMFS published a Notice of Availability of the Shared Strategy plan as a proposed recovery plan for Puget Sound Chinook (70 FR 76445). Coastal/Puget Sound bull trout are under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS), and are the subject of a recovery plan published by the USFWS in May 2004. Many of the actions identified in the Hood Canal summer chum plan will also benefit the latter two species. The Shared Strategy and Hood Canal Coordinating Council will work together to make their respective recovery efforts consistent and complementary. The Plan The Plan is one of many ongoing salmon recovery planning efforts funded under the Washington State Strategy for Salmon Recovery. The State of Washington designated HCCC as the Lead Entity for salmon recovery planning for the Hood Canal watershed. The HCCC has included extensive public involvement in its recovery planning process. The Plan draws extensively on the research and publications of the Summer Chum Salmon Conservation Initiative (SCSCI) (WDFW and PNPTT 2000). The SCSCI process, initiated in 2000, is an ongoing planning forum and mechanism by which the Hood Canal fisheries co-managers are engaged in the development and implementation of harvest management regimes and supplementation programs designed to bring about the recovery of summer chum salmon. The co-managers directly responsible for fisheries harvest and hatchery management for the Hood Canal and the eastern Strait of Juan de Fuca watersheds are the Point No Point Treaty Tribes (PNPTT) (Skokomish, Port Gamble S'Klallam, Jamestown S'Klallam, and Lower Elwha Klallam), which have Treaty rights to usual and accustomed fishing in this area, and the Washington State Department of Fish and Wildlife (WDFW). These regimes and programs are designed to provide opportunities for the recovery of summer chum salmon when integrated with aspects of habitat protection and restoration, also considered in the process. Annual reviews are documented in supplemental reports (e.g., WDFW and PNPTT 2003 and PNPTT and WDFW 2003), which can be found at *wdfw.wa.gov/fish/chum/chum.htm* . The HCCC Plan makes extensive use of the SCSCI and subsequent supplemental reports, as well as the watershed plans for WRIAs 14, 15, 16, 17, and 18 (Correa 2002; Correa, 2003; Kuttel, 2003). The fishery co-managers, WDFW and PNPTT, participated in the development of aspects of this Plan, and it is designed to support and complement the co-managers' fisheries and interim salmon recovery goals and objectives. As in other regional domains defined by NMFS Northwest Region, the Hood Canal planning effort was supported by a NMFS-appointed science panel, the Puget Sound Technical Recovery Team (PSTRT). This panel of seven scientific experts from Federal, state, local, and tribal organizations identified historical populations, recommended ESU viability criteria, and provided scientific review of the Plan. In addition, staff biologists of the Skokomish and Port Gamble S'Klallam Tribes reviewed the Plan at each stage, and County staff reviewed the land use planning sections. NMFS Northwest Region staff biologists also reviewed draft versions of the Plan and provided substantial guidance for revisions. The Plan incorporates the NMFS viable salmonid population

(VSP)framework as a basis for biological status assessments and recovery goals for Hood Canal summer chum salmon, and the Supplement incorporates the most recent work of the PSTRT on viability criteria for this ESU. The PSTRT identified two independent populations of Hood Canal summer chum. The Strait of Juan de Fuca population spawns in rivers and streams entering the eastern Strait and Admiralty Inlet. The Hood Canal population includes all spawning aggregations within the Hood Canal catchment (Ruckelshaus et al., 2006). Sixteen historically present “stocks” made up the Hood Canal summer chum salmon, of which eight are extant. The co-managers identified these stocks in the SCSCI and subsequent supplemental reports (WDFW and PNPTT 2000, 2003). The PSTRT considers these stocks “subpopulations, which contribute to either the Hood Canal or Strait of Juan de Fuca population, depending on their geographical location” (Currens, 2004, p. 19). As noted in the Plan, the PSTRT report stated that summer chum salmon in the Hood Canal and eastern Strait are probably “a single metapopulation held together historically by a stepping stone pattern of demographic exchange” (Currens, ibid.), created by straying between adjacent streams. For planning purposes, the Plan assigned the 16 stocks to six geographic groupings called “conservation units.” The Plan organizes descriptions of population status, limiting factors and threats, and recommended site-specific actions based on these conservation units. Causes for Decline The Plan identifies the main causes for the decline of the Hood Canal summer chum as fishery exploitation/harvest and cumulative habitat loss. *Harvest:* The Plan draws upon data and conclusions from the SCSCI indicating that harvest (including U.S. and Canada fisheries) was a factor in the decline of summer chum salmon prior to 1992. Exploitation rates ranging from 21 percent for the Salmon/Snow and Jimmycomelately populations to 90 percent for the Quilcene population were seen to correlate with declines in escapements. Under the SCSCI, as adopted by the recovery plan, total exploitation rates are expected to average 10.8 percent and 8.8 percent for the Hood Canal and Strait of Juan de Fuca populations, respectively. However, recent exploitation rates have been lower, generally below 3 percent and 1 percent for Hood Canal and Strait of Juan de Fuca populations, respectively. *Habitat:* Chapter 6 of the Plan summarizes overall habitat issues for the ESU. More detail is included in the Plan's individual chapters on conservation units. NMFS' 2005 Report to Congress on the Pacific Coastal Salmon Recovery Fund (PCSRF) described habitat-related factors for decline as the following:

(1)degraded floodplain and mainstem river channel structure;

(2)degraded estuarine conditions and loss of estuarine habitat;

(3)riparian area degradation and loss of in-river large woody debris in mainstem;

(4)excessive sediment in spawning gravels;

(5)reduced stream flow in migration areas;

(6)degraded nearshore conditions. These factors are all covered in detail in the Plan. Recovery Goals and Strategy The Plan provides a strategy to achieve its overall goal of recovery and delisting of the summer-run chum salmon in Hood Canal and the eastern Strait of Juan de Fuca. The Plan's recovery strategy focuses on habitat actions and incorporates the co-managers' harvest management and hatchery supplementation programs that are ongoing as part of the SCSCI. The Plan adopts “interim” (for the next 10 years) recovery goals developed by the co-managers in the SCSCI (PNPTT and WDFW 2003) for each of the stocks that make up the two extant summer chum populations. The PSTRT provided its recommendations for viability criteria for the two populations that make up the ESU; these criteria describe characteristics predicted to result in a negligible risk of extinction for the ESU in the long term (100 years). NMFS has asked the PSTRT to continue to work with HCCC staff and the co-managers to integrate these long-term criteria for the ESU with the interim recovery goals for the component stocks described in the Plan. This will not necessitate a revision of the Plan but will be considered part of the adaptive management and implementation phase of the recovery plan. The co-managers set interim stock-level recovery goals in terms of abundance, escapement, productivity, and diversity of natural-origin recruits. The co-managers' interim ESU-wide recovery criterion is for all eight of the extant stocks to meet all the individual stock recovery goals. The Plan addresses the VSP parameter of life history and genetic diversity through habitat protection and restoration actions encompassing the entire geographic extent of the ESU, and reintroduction of natural-origin summer chum aggregations to several streams where they were historically present. Management Actions The Plan lists potential sources of funding, administrative paths, and target activities that could be undertaken for salmon recovery in the region (pp. 43-45), then makes site-specific recommendations based on conservation units (Chapters 7-12). A full range of policy options for acquiring, funneling, and allocating resources for salmon habitat conservation was developed and presented to the members of the HCCC Board for review and decision-making. *Habitat:* The first priority level of recovery would focus on the eight extant stocks' watersheds and associated marine areas (nearshore areas within a one-mile radius of the watershed's estuary). The second priority level of recovery adds the eight extirpated stocks' watersheds and associated marine areas (nearshore areas within one mile radius of the watershed's estuary). The HCCC provided a summary table for the Supplement, linking limiting factors and recommended actions by conservation unit and stock. *Harvest:* The co-managers developed, through the SCSCI, a harvest management strategy called the Base Conservation Regime

(BCR)(details in WDFW and PNPTT 2000, section 3.5.6.1). The intent of the BCR is to initiate rebuilding, by fostering incremental increases in escapement over time, while providing a limited opportunity for fisheries conducted for the harvest of other salmon species. The BCR will pass through to spawning escapement, on average, in excess of 95 percent of the Hood Canal-Strait of Juan de Fuca summer chum salmon abundance in U.S. waters. The harvest management component of the SCSCI was provided to NMFS in 2000 as the co-managers' proposed joint Resource Management Plan

(RMP)for managing salmon fisheries to meet summer chum salmon ESA conservation needs. NMFS subsequently determined that the RMP adequately addressed all requirements specified under Limit 6 of the ESA 4(d) Rule for Hood Canal summer chum salmon (66 FR 31600, June 12, 2001). More information can be found at *www.nwr.noaa.gov/Salmon-Harvest-Hatcheries/State-Tribal-Management/HC-Chum-RMP.cfm* . NMFS and the co-managers will continue to evaluate the performance of the harvest management strategy as new information becomes available, consistent with the evaluation and adaptive management elements of the SCSCI and the Plan. *Hatcheries:* The Plan incorporates the supplementation and reintroduction approach implemented by the co-managers under the SCSCI beginning in 1992 to conserve summer chum salmon in the action area. Under the SCSCI, artificial production directed at summer chum recovery would be applied only to preserve stocks identified as at moderate or high risk of extinction, and to reintroduce naturally spawning aggregations in selected watersheds where the indigenous stocks had become extirpated. In addition, implementation of conservation hatchery actions was guided by these premises: “Commensurate, timely improvements in the condition of habitat critical for summer chum salmon survival are necessary to recover the listed populations to healthy levels. . . The intent of the supplementation efforts is to reduce the short-term extinction risk to existing wild populations, and to increase the likelihood of their recovery” (the Plan, p. 54). NMFS agrees with the PSTRT's conclusion in its 2005 review of the Plan that the hatchery strategy to supplement summer chum in Hood Canal is very well designed and has been well implemented throughout its tenure. The monitoring information resulting from the hatchery program is exemplary, and the co-managers have used the data to adjust their supplementation strategies as needed. Time and Cost Estimates The ESA section 4(f)(1) requires that the recovery plan include “estimates of the time required and the cost to carry out those measures needed to achieve the Plan's goal and to achieve intermediate steps toward that goal” (16 U.S.C. 1533(f)(1)). Appendix D of the recovery plan (Costing of the Hood Canal Coordinating Council's Summer Chum salmon Recovery Plan, August 2004) provides cost estimates to carry out specific recovery actions for the first 10 years of plan implementation. The cost estimates cover all capital projects judged to be feasible in the six conservation units, and non-capital work projected to occur over the 10-year period. The plan estimates that recovery of the Hood Canal Summer Chum ESU could take 50 to 100 years. NMFS supports the policy determination to focus on the first 10 years of implementation, with the proviso that specific actions and costs will be estimated before the end of this first implementation period for subsequent years to achieve long-term goals, and to proceed until a determination is made that listing is no longer necessary. Because of the impracticability of estimating all actions and costs over 50 to 100 years, NMFS agrees that 10 years is a reasonable period of time during which to implement and evaluate the actions identified in the Plan to gain a preliminary view of the status and trends of important recovery indicators and make mid-course corrections as needed. Adaptive Management The Plan has extensive provisions for monitoring, evaluation, and adaptive management. In addition, the HCCC is developing a more detailed monitoring and adaptive management plan to be in place by December 2006 as part of the overall implementation program. NMFS believes the adaptive management and monitoring element of the Plan is adequate. Implementation Implementation of the Plan is designed to ultimately achieve goals for the four VSP criteria of abundance, productivity, diversity, and spatial structure. The PSTRT will continue its collaborative work with the co-managers to integrate and refine the interim goals and long-term criteria for abundance and productivity. The PSTRT has generally described diversity and spatial structure criteria; NMFS expects that management objectives for diversity and spatial structure will be further refined over the next several years as part of recovery plan implementation. As these objectives are refined, the recovery plan and resource management plans will incorporate both the objectives and analyses of the effectiveness of the plans in meeting all four VSP objectives based on information gathered through the adaptive management programs. NMFS concludes that the Plan makes substantial progress toward defining objective and measurable criteria that, when met, would result in a determination that the species be removed from the list. It is understood that additional work will be done to refine and complete ESU-level viability criteria and to reconcile the interim stock-level goals accordingly. Based on this work, NMFS will confirm final delisting criteria in the final **Federal Register** notice for this recovery plan. In accordance with its responsibilities under section 4(c)(2) of the Act, NMFS will conduct status reviews of Hood Canal chum salmon once every five years to evaluate the ESU's status and determine whether the ESU should be removed from the list or changed in status. Such evaluations will take into account the following: • The biological recovery criteria (Ruckelshaus *et al.* , 2006) and listing factor (threats) criteria described in the Supplement. • The management programs in place to address the threats. • Principles presented in the Viable Salmonid Populations paper (McElhany et al. 2000). • Co-managers' interim stock-level recovery goals. • Best available information on population and ESU status and new advances in risk evaluation methodologies. • Other considerations, including: the number and status of extant spawning groups; the status of the major spawning groups; linkages and connectivity among groups; diversity groups and the two populations; the diversity of life history and phenotypes expressed; and considerations regarding catastrophic risk. • Principles laid out in NMFS' Hatchery Listing Policy (70 FR 37204, June 28, 2005). Public Comments Solicited NMFS solicits written comments on the proposed Recovery Plan, including the Supplement. The Supplement states NMFS' assessment of the Plan's relationship to ESA requirements for recovery plans and specifies recovery (de-listing) criteria for the ESU. The Supplement also explains the agency's intent to use the Plan to guide and prioritize Federal actions in the ESU and to ultimately adopt the Plan as a final Federal recovery plan for the ESU. All substantive comments received by the date specified above will be considered prior to NMFS' decision whether to endorse the Plan as a final recovery plan. Additionally, NMFS will provide a summary of the comments and responses through its regional Web site and provide a news release for the public announcing the availability of the response to comments. NMFS seeks comments particularly in the following areas:

(1)the analysis of limiting factors and threats;

(2)the recovery strategies and measures;

(3)the criteria for removing the ESU from the Federal list of endangered and threatened wildlife and plants; and

(4)meeting the ESA requirement for estimates of time and cost to implement recovery actions by soliciting implementation schedules (see discussion in the Supplement). References Correa, G. 2002. Salmon and Steelhead Habitat Limiting Factors. Water Resource Inventory Area 17. Quilcene-Snow Basin. Washington State Conservation Commission. Final Report. November 2002. 316 p. 2003. Salmon and Steelhead Habitat Limiting Factors. Water Resource Inventory Area 16. Dosewallips-Skokomish Basin. Washington State Conservation Commission. Final Report. November 2002. 257 p. Currens, K. 2004. Identification of independent populations of summer chum salmon and their recovery targets. January 29, 2004, draft document. Northwest Fisheries Science Center. NOAA Fisheries. Seattle, Washington. 18p. Good, T.P., R.S. Waples, and P. Adams (editors). 2005. Updated status of Federally listed ESUs of West Coast salmon and steelhead. U.S. Dept. Commer., NOAA Tech. Memo. NMFS-NWFSC-66, 598 p. Kuttel, M., Jr. 2003. Salmon and Steelhead Habitat Limiting Factors. Water Resource Inventory Areas 15 (West), Kitsap Basin and 14 (North) Kennedy-Goldsborough Basin. Washington State Conservation Commission. Final Report. June 2003. 312 p. McElhany, P., M. H. Ruckelshaus, M. J. Ford, T. C. Wainwright, E. P. Bjorkstedt. 2000. Viable salmon populations and the recovery of evolutionarily significant units. U.S. Dept. of Commerce, NOAA Tech. Memo., NMFS-NWFSC-42, 156 p. Point No Point Treaty Tribes (PNPTT) and Washington Department of Fish and Wildlife (WDFW). 2003. Summer chum salmon conservation initiative - an implementation plan to recover summer chum salmon in the Hood Canal and Strait of Juan de Fuca region. Supplemental report No. 5. Report on summer chum salmon interim recovery goals. Washington Department of Fish and Wildlife. Olympia, Washington. Washington Department of Fish and Wildlife. Olympia, Washington. Ruckelshaus, M.H., K. Currens, R. Fuerstenberg, W. Graeber, K. Rawson, N.J. Sands, K.J. Scott. 2003. Integrated Recovery Planning for Listed Salmon: Technical Guidance for Watershed Groups in Puget Sound. Puget Sound Technical Recovery Team. Ruckelshaus, M.H., N.J. Sands, K. Rawson, K. Currens, R. Fuerstenberg, W. Graeber, J. Scott. 2006. Hood Canal Summer Chum Viability White Paper, Draft available from Puget Sound TRT upon request. May 5, 2006 Washington Department of Fish and Wildlife

(WDFW)and the Point No Point Treaty Tribes (PNPTT). 2000. Summer chum salmon conservation initiative - an implementation plan to recover summer chum in the Hood Canal and Strait of Juan de Fuca region. Fish Program, Washington Department of Fish and Wildlife. Olympia, Washington. 424p. plus three appendices. 2003. Summer chum salmon conservation initiative - an implementation plan to recover summer chum in the Hood Canal and Strait of Juan de Fuca region. Supplemental report No. 3. Annual report for the 2000 summer chum salmon return to the Hood Canal and Strait of Juan de Fuca region. Washington Department of Fish and Wildlife, Olympia, Washington. 123 p. Authority: 16 U.S.C. 1531 *et seq.* Dated: August 11, 2006. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-13463 Filed 8-15-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket Number: 060804210-6210-01] Science Advisory Board; The Minority Report of the NOAA Science Advisory Board's Hurricane Intensity Research Working Group, External Review of NOAA's Hurricane Intensity Research and Development Enterprise AGENCY: Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of availability and request for public comment. SUMMARY: NOAA Research

(OAR)publishes this notice on behalf of the NOAA Science Advisory Board

(SAB)to announce the availability for public comment of the minority report of the SAB Hurricane Intensity Research Working Group (here called the HIRWG) external review of NOAA's Hurricane Intensity Research and Development Enterprise. The report of the HIRWG has been prepared pursuant to the request from the Under Secretary of Commerce for Oceans and Atmosphere to the SAB to conduct an external review of NOAA's Hurricane Intensity research and development enterprise. A preliminary report was presented for a 30-day public comment period starting on May 24, 2006. Since that time, a minority report has been written that presents a view point of a minority of the HIRWG. This minority report is now being submitted for public comment. DATES: Comments on this minority report must be submitted by 5 p.m. EDT on September 15, 2006. ADDRESSES: The Minority Report of the HIRWG will be available on the NOAA Science Advisory Board Web site at *http://www.sab.noaa.gov/reports/HIRWG_Minority_Report_0806.pdf.* For reference, the preliminary report may also be viewed at *http://www.sab.noaa.gov/Reports/Reports.html.* The public is encouraged to submit comments electronically to *noaa.sab.comments2@noaa.gov.* For individuals who do not have access to a computer, comments may be submitted in writing to: NOAA Science Advisory Board

(SAB)c/o Dr. Cynthia Decker, Silver Spring Metro Center Bldg 3 Room 11117, 1315 East-West Highway, Silver Spring, Maryland 20910. FOR FURTHER INFORMATION CONTACT: Dr. Cynthia Decker, Executive Director, Science Advisory Board, NOAA, Rm. 11117, 1315 East-West Highway, Silver Spring, Maryland 20910. (Phone: 301-713-9121, Fax: 301-713-3515, E-mail: *Cynthia.Decker@noaa.gov* ) during normal business hours of 9 a.m. to 5 p.m. Eastern Time, Monday through Friday, or visit the NOAA SAB Web site at *http://www.sab.noaa.gov.* SUPPLEMENTARY INFORMATION: The report of the HIRWG is composed pursuant to the request from the Under Secretary of Commerce for Oceans and Atmosphere to the SAB to conduct an external review of NOAA's hurricane intensity research and development enterprise. This review addresses questions and proposes recommendations regarding the appropriateness of the mix of scientific activities conducted and/or sponsored by NOAA to its mission and on the organization of NOAA hurricane intensity research and science enterprise. The minority report of the HIRWG has been drafted to provide additional viewpoints to the majority report of the HIRWG. The minority report provides alternative ideas regarding modeling and prediction activities, observations and data collection, laboratory experiments, and NOAA's organization in relation to hurricane intensity research and development. The SAB is chartered under the Federal Advisory Committee Act and is the only Federal Advisory Committee with the responsibility to advise the Under Secretary on long- and short-term strategies for research, education, and application of science to resource management and environmental assessment and prediction. NOAA welcomes all comments on the content of the minority report. We also request comments on any inconsistencies perceived within the report and possible omissions of important topics or issues. For any shortcoming noted within the draft report, please propose specific remedies. This minority report is being issued for comment only and is not intended for interim use. Suggested changes will be incorporated where appropriate, and a final report will be posted on the SAB Web site. Please follow these instructions for preparing and submitting comments. Using the format guidance described below will facilitate the processing of reviewer comments and assure that all comments are appropriately considered. Please provide background information about yourself on the first page of your comments: your name(s), organization(s), area(s) of expertise, mailing address(es), telephone and fax numbers, and e-mail address(es). Overview comments on the section should follow your background information and should be numbered. Comments that are specific to particular pages, paragraphs or lines of the section should follow any overview comments and should identify the page numbers to which they apply. Please number all pages and place your name at the top of each page. Dated: August 9, 2006. Mark E. Brown, Chief Financial Officer/Chief Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. E6-13388 Filed 8-15-06; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 06-44] 36(b)(1) Arms Sales Notification; Republication Editorial Note: FR Doc. 06-6727 was originally published at page 44634 in the issue of Monday, August 7, 2006. In that publication a graphic was improperly substituted. The corrected document is republished below in its entirety. AGENCY: Department of Defense, Defense Security Cooperation Agency ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/DBO/ADM,

(703)604-6575. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 06-44 with attached transmittal and policy justification. Dated: August 1, 2006. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 1505-01-D EN16AU06.000 EN16AU06.001 EN16AU06.002 Editorial Note: FR Doc. 06-6727 was originally published at page 44634 in the issue of Monday, August 7, 2006. In that publication a graphic was improperly substituted. The corrected document is republished in its entirety. [FR Doc. R6-6727 Filed 8-15-06; 8:45 am] BILLING CODE 1505-01-C DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 06-43] 36(b)(1) Arms Sales Notification; Republication **Editorial Note** : FR Doc. 06-6728 was originally published at page 44637 in the issue of Monday, August 7, 2006. In that publication a graphic was improperly substituted. The corrected document is republished below in its entirety. AGENCY: Department of Defense, Defense Security Cooperation Agency. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996. FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/DBO/ADM,

(703)604-6575. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 06-43 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: August 1, 2006. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 1505-01-D EN16AU06.003 EN16AU06.004 EN16AU06.005 Editorial Note: FR Doc. 06-6728 was originally published at page 44637 in the issue of Monday, August 7, 2006. In that publication a graphic was improperly substituted. The corrected document is republished in its entirety. [FR Doc. R6-6728 Filed 8-15-06; 8:45 am] BILLING CODE 1505-01-C DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent To Prepare an Environmental Impact Statement To Evaluate the Impacts Associated With a Previously Authorized Pier Extension in Strait of Georgia at Cherry Point, Near Ferndale, Whatcom County, WA AGENCY: U.S. Army Corps of Engineers, Department of Defense. ACTION: Notice of intent. SUMMARY: The U.S. Army Corps of Engineers (Corps) Seattle District is the permitting agency and lead Federal agency for this action. The U.S Coast Guard

(USCG)is cooperating agency. The Corps is announcing its intent to prepare an Environmental Impact Statement

(EIS)pursuant to the National Environmental Policy Act (NEPA). The EIS will support the Corps' permit evaluation process under Section 10 of the Rivers and Harbors Act for the BP Cherry Point marine pier extension. DATES: Submit comments by September 15, 2006. Scoping meetings for this project will be held on: 1. September 5, 2005 from 7 p.m. to 9 p.m., Port Angeles, WA. An open house will be held from 6:30 p.m. to 7 p.m. prior to the meeting. 2. September 7, 2006 from 7 p.m. to 9:30 p.m., Anacortes, WA. An open house will be head from 6:30 p.m. to 7 p.m. prior to the meeting. 3. September 12, 2006 from 7 p.m. to 9 p.m., Ferndale, WA. An open house will be held from 6:30 p.m. to 7 p.m. prior to the meeting. 4. September 13, 2006 from 7 p.m. to 9 p.m., Seattle, WA. An open house will be held from 6:30 p.m. to 7 p.m. prior to the meeting. ADDRESSES: Written comments on the scope of the EIS or requests for information should be sent to Mrs. Olivia Romano at the U.S. Army Corps of Engineers, Seattle Regulatory Branch, Post Office Box 3755, Seattle, Washington 98124-3755, or sent via e-mail to *Olivia.h.romano@usace.army.mil* . The scoping meetings will be held at: 1. *Port Angeles:* The Port Angeles Public Library on 22108 Peabody Street, in Port Angeles, Washington. 2. *Anacortes:* The Seafarer's Memorial Park Building on 601 14th Street, in Anacortes, Washington. 3. *Ferndale:* The American Legion Hall on 5537 2nd Avenue, in Ferndale, Washington. 4. *Seattle:* The Federal Center South, 4735 East Marginal Way South, Seattle, Washington. FOR FURTHER INFORMATION CONTACT: Mrs. Olivia Romano at the U.S. Army Corps of Engineers, Seattle Regulatory Branch, 4735 E. Marginal Way South, Seattle, Washington 98134,

(206)764-6960, or e-mail to *Olivia.h.romano@usace.army.mil* . SUPPLEMENTARY INFORMATION: The Corps has been directed by Ninth Circuit Court of Appeals to complete an EIS on the impacts of the permitted pier extension, including vessel traffic study and risk of oil spills from potential increase in oil tanker traffic in Puget Sound and reevaluate the pier extension's potential violation of the Magnuson Amendment of the Marine Mammals Protection Act. Proposed Action To evaluate the potential environmental impacts for the continued operation of the pier extension (north wing) to the existing BP Cherry Point dock. The evaluation will include a vessel traffic study and oil spill risk analyses for the all vessels unloading and loading at the dock. Preliminary Alternatives to the Proposed Action The EIS will evaluate a range of alternatives including a No Action Alternative. The EIS will consider alternatives that may result from comments received during the agency and public scoping period. The EIS will also discuss alternatives considered and eliminated from further detailed study. The Corps will use this evaluation to determine compliance with Section 10 of Rivers and Harbors Act and compliance with Magnuson Amendment of Marine Mammals Protection Act. EIS Scoping Process The EIS process begins with the publication of this Notice of Intent. The scoping period will continue for 30 days after publication of this Notice of Intent and will close on September 15, 2006. During the scoping period the Corps invite Federal agencies, State and local governments, Native American Tribes, and the public to participate in the scoping process either by providing written comments or by attending the public scoping meetings scheduled for September 5, 6, 7, and 13, 2006 at the time and location indicated above. We have identified the following as probable major topics to be analyzed in depth in the Draft EIS: Oil spill impacts on aquatic resources, fish and wildlife habitat functions, threatened and endangered species impacts, surface water quality, and cumulative impacts. Both written and oral scoping comments will be considered in the preparation of the Draft EIS. Comments postmarked or received by e-mail after the specified date will be considered to the extent feasible. The purpose of the scoping meeting is to assist the Corps and U.S. Coast Guard in defining issues, public concerns, alternatives, and the depth to which they will be evaluated in the EIS. The public scoping meeting will begin with a briefing on the existing BP dock and the vessel traffic study. Copies of the meeting handouts will be available to anyone unable to attend by contacting the Corps Seattle District as described in the FOR FURTHER INFORMATION CONTACT section. Following the initial presentation, Corps representatives will answer scope-related questions and accept comments. EIS Preparation Development of the Draft EIS will begin after the close of the public scoping period. The Draft EIS is expected to be available for public review in the fall of 2008. Other Environmental Review and Consultations To the fullest extent possible, the EIS will be integrated with analysis and consultation required by the Endangered Species Act of 1973, as amended (Pub. L. 93-205; 16 U.S.C. 1531 et seq.); the Magnuson-Stevens Fishery Conservation and Management Act, as amended (Pub. L. 94-265; 16 U.S.C. 1801, et seq.), the National Historic Preservation Act of 1966, as amended (Pub. L. 89-655; 16 U.S.C. 470, et seq.); the Fish and Wildlife Coordination Act of 1958, as amended (Pub. L. 85-624; 16 U.S.C 742a, et seq. and 661-666c); and the Clean Water Act of 1977, as amended (Pub. L. 92-500; 33 U.S.C. 1251, et seq.); and all applicable and appropriate Executive Orders. Dated: August 10, 2006. Michelle Walker, Chief, Regulatory Branch, Seattle District. [FR Doc. E6-13473 Filed 8-15-06; 8:45 am] BILLING CODE 3710-ER-P DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Chief of Naval Operations

(CNO)Executive Panel AGENCY: Department of the Navy, DoD. ACTION: Notice of closed meeting. SUMMARY: The CNO Executive Panel will form consensus advice for the final report on the findings and recommendations of the Innovation and Technology Transition Subcommittee to the CNO. The meeting will consist of discussions of Navy research and development strategies and processes. DATES: The meeting will be held on August 28, 2006, from 10 a.m. to 11:30 a.m. ADDRESSES: The meeting will be held in the Center for Naval Analysis Corporation Boardroom, 4825 Mark Center Drive, Alexandria, VA 22311-1846. FOR FURTHER INFORMATION CONTACT: Ms. Gia Harrigan, CNO Executive Panel, 4825 Mark Center Drive, Alexandria, VA 22311, 703-681-4907. SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), these matters constitute classified information that is specifically authorized by Executive Order to be kept secret in the interest of national defense and are, in fact, properly classified pursuant to such Executive Order. Accordingly, the Secretary of the Navy has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) of title 5, United States Code. Dated: August 9, 2006. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E6-13451 Filed 8-15-06; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before October 16, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

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

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:

(1)Is this collection necessary to the proper functions of the Department;

(2)will this information be processed and used in a timely manner;

(3)is the estimate of burden accurate;

(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: August 10, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Federal Student Aid *Type of Review:* Revision. *Title:* Federal Family Education Loan Program Federal Consolidation Loan Application and Promissory Note. *Frequency:* On Occasion. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* *Responses:* 981,000. *Burden Hours:* 981,000. *Abstract:* This application form and promissory note is the means by which a borrower applies for a Federal Consolidation Loan and promises to repay the loan, and a lender or guaranty agency certifies the borrower's eligibility to receive a Consolidation loan. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3171. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-13457 Filed 8-15-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-385-001] Distrigas of Massachusetts LLC; Notice of Compliance Filing August 9, 2006. Take notice that on August 4, 2006, Distrigas of Massachusetts LLC (DOMAC), tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to be effective July 6, 2006: Substitute Fifth Revised Sheet No. 40. Substitute First Revised Sheet No. 48H. DOMAC states that this filing is intended to comply with the directives set forth in the Order issued July 5, 2006 in the above-captioned Docket No. RP06-385-000. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13372 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-467-000] Distrigas of Massachusetts LLC; Notice of Proposed Changes in FERC Gas Tariff August 9, 2006. Take notice that on August 4, 2006, Distrigas of Massachusetts LLC (DOMAC) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following revised Tariff sheets proposed to be effective September 4, 2006: Sixth Revised Sheet No. 40. Second Revised Sheet No. 48H. DOMAC states that these tariff sheets clarify that DOMAC will continue to collect any Call Payment amounts to which it would otherwise be entitled during periods in which DOMAC has suspended service to a buyer under the terms of DOMAC's Tariff. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13376 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator or Foreign Utility Company Status August 8, 2006. Dominion Energy Kewaunee, Inc. (Docket No. EG06-50-000); James A. Goodman, as Receiver for PMCC Calpine New England Investment LLC (Docket No. EG06-52-000); Signal Hill Wichita Falls Power, L.P. (Docket No. EG06-53-000); Empresa Eléctrica de Talca S.A. (Docket No. FC06-4-000); Empresa de Transmisión Eléctrica Transemel S.A. (Docket No. FC06-5-000); Alcoa Inc., Manicouagan Power Company, Alcoa of Australia Limited, Alcoa Alumínio S.A., Suriname Aluminum Company L.L.C. (Docket No. FC06-6-000) Take notice that during the month of July 2006, the status of the above-captioned entities as Exempt Wholesale Generators or Foreign Utility Companies became effective by operation of the Commission's regulations. 18 CFR 366.7(a). Magalie R. Salas, Secretary. [FR Doc. E6-13367 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2539-003] Erie Boulevard Hydropower, L.P.; Notice Granting Late Interventions August 8, 2006. On December 23, 1991, an application was filed by the predecessor to Erie Boulevard Hydropower, L.P. for a new license for the School Street Project No. 2539. The project is located on the Mohawk River, in Albany and Saratoga Counties, New York. On February 11, 1993, the Commission issued a notice of application for new license, and solicited comments, protests, and motions to intervene. The notice established April 12, 1993, as the deadline for filing comments, protests, and motions to intervene. On May 3, 1995, and January 16, 1996, the New York State Department of Environmental Conservation (NYSDEC) and National Marine Fisheries Service

(NMFS)filed motions to intervene. NYSDEC states that it is a department of the government of the state of New York, charged by law with the administrative management of the state's fish and wildlife resources. NMFS states that it is responsible for oversight and evaluation of activities that may affect marine, estuarine, and anadromous fishery resources, and that the Mohawk River supports a major spawning run of anadromous blueback herring. The motions to intervene were filed early in this proceeding and well before the Commission issued its draft environment assessment for the project. Granting the late motions to intervene will not unduly delay or disrupt the proceeding, or prejudice other parties to it. 1 Therefore, pursuant to Rule 214, 2 the late motions to intervene in this proceeding filed by NYSDEC and NMFS are granted, subject to the Commission's rules and regulations. 1 Both motions were referenced and these entities' comments considered in the draft environmental assessment. It appears inadvertent that the motions were not acted upon at that point. 2 18 CFR 385.214 (2006). Magalie R. Salas, Secretary. [FR Doc. E6-13366 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-468-000] Mississippi Canyon Gas Pipeline, LLC; Notice of Proposed Changes in FERC Gas Tariff August 9, 2006. Take notice that on August 7, 2006, Mississippi Canyon Gas Pipeline, LLC (Mississippi Canyon) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to become effective September 7, 2006: Fourth Revised Sheet No. 313. Second Revised Sheet No. 313A . Third Revised Sheet No. 314. Third Revised Sheet No. 315. Sheet Nos. 316-317. Mississippi Canyon states that the purpose of its filing is to revise Mississippi Canyon's pro forma Service Request Form to ensure that potential shippers provide all information required by Mississippi Canyon's Tariff to appropriately evaluate and process requests for service. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13377 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-272-060] Northern Natural Gas Company; Notice of Negotiated Rates August 9, 2006. Take notice that on August 3, 2006, Northern Natural Gas Company (Northern), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets: Substitute 39 Revised Sheet No. 66. Substitute 32 Revised Sheet No. 66A. 33 Revised Sheet No. 66A. Northern states that the above-referenced tariff sheets to reflect updated negotiated rate contract information. Northern further states that copies of the filing have been mailed to each of its customers and interested State Commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13368 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-414-001] Northern Natural Gas Company; Notice of Compliance Filing August 9, 2006. Take notice that on August 4, 2006, Northern Natural Gas Company (Northern), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Substitute Tenth Revised Sheet No. 252, with an effective date of August 1, 2006. Northern states that the filing is being made in compliance with the Commission's July 31, 2006 order in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13373 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-466-000] Northern Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff August 9, 2006. Take notice that on August 4, 2006, Northern Natural Gas Company (Northern), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets, with an effective date of September 4, 2006: 40 Revised Sheet No. 66. 34 Revised Sheet No. 66A. Third Revised Sheet No. 66D. Northern states that it is filing the above-referenced tariff sheets to submit a Rate Schedule PDD service agreement for Commission acceptance as a non-conforming and negotiated rate agreement. Northern further states that copies of the filing have been mailed to each of its customers and interested State Commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13375 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-200-009] Rockies Express Pipeline LLC; Notice of Negotiated Rate August 9, 2006. Take notice that on August 4, 2006, Rockies Express Pipeline LLC

(REX)tendered for filing as part of its FERC Gas Tariff, the following tariff sheets, to be effective August 7, 2006: Fifth Revised Sheet No. 22. Original Sheet No. 24. Sheet Nos. 25-29. REX states that the filing is being made to reflect a negotiated-rate contract with Williams Power Company, Inc. REX stated that a copy of this filing has been served upon all parties to this proceeding, REX's customers, the Colorado Public Utilities Commission and the Wyoming Public Service Commission. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13371 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-415-001] Texas Gas Transmission, LLC; Notice of Supplemental Filing August 9, 2006. Take notice that on August 8, 2006, Texas Gas Transmission, LLC (Texas Gas) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, Substitute Second Revised Sheet No. 223, to become effective September 1, 2006. Texas Gas states that the purpose of this filing is to propose certain modifications to Section 10.5(e) of the General Terms and Conditions in Texas Gas' tariff, in response to certain comments filed by the Tennessee Valley Authority in the above-referenced docket. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13374 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 August 9, 2006. Take notice that the Commission received the following electric corporate filings: *Docket Numbers: EC06-146-000.* *Applicants:* Northern States Power Company. *Description: Xcel Energy Services, Inc on behalf of Northern States Power Co requests authorization to consummate a transmission asset exchange transaction with Great River Energy, Union Power Association and Cooperative Power Association.* *Filed Date:* 8/2/2006. *Accession Number: 20060804-0136.* *Comment Date:* 5 p.m. eastern time on Wednesday, August 23, 2006. *Docket Numbers: EC06-147-000.* *Applicants:* Entegra Power Group LLC; Gila River Power, L.P.; Union Power Partners, L.P.; Morgan Stanley & Co. Incorporated; Merrill Lynch, Pierce, Fenner & Smith Incorporated. *Description: Entegra Power Group, LLC et al. submit an application for order granting blanket authorization for certain future transfers & acquisitions of equity interests under Section 203 of the Federal Power Act.* *Filed Date:* 8/3/2006. *Accession Number: 20060808-0120.* *Comment Date:* 5 p.m. eastern time on Thursday, August 24, 2006. *Docket Numbers: EC06-148-000.* *Applicants:* Alliance Energy, New York LLC, Power City Generating, Inc.; Power City Partners, L.P. and RPL Holdings, LLC. *Description:* Alliance Energy, New York LLC et al. submit its joint application for sale of a jurisdictional facility under Section 206 of the Federal Power Act. *Filed Date:* 8/4/2006. *Accession Number:* *20060809-0028.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: EC06-149-000.* *Applicants:* PNM Resources, Inc.; Public Service Company of New Mexico; Texas-New Mexico Power Company; TNP Enterprises, Inc. *Description:* PNM Resources, Inc. et al. submit an application for approval of Intra-Corporate Reorganization pursuant to Section 203 of the Federal Power Act. *Filed Date:* 8/8/2006. *Accession Number: 20060809-0092.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. *Docket Numbers: EC06-150-000.* *Applicants:* Berkshire Power Company, LLC; Berkshire Power Company, LLC . *Description:* EIF Berkshire Holdings LLC and Berkshire Power Co LLC submit an application under Section 203 of the Federal Power Act for a disposition of ownership interests. *Filed Date:* 8/8/2006. *Accession Number: 20060809-0117.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers: EG06-69-000.* *Applicants:* Spanish Fork Wind Park 2, LLC. *Description: Spanish Fork Wind Park 2, LLC submits an application for Determination of Exempt Wholesale Generator Status pursuant to section 32(a)(a) of the PUHCA of 1935, et al.* *Filed Date:* 8/8/2006. *Accession Number: 20060807-5266.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. Take notice that the Commission received the following electric rate filings: *Docket Numbers: ER96-1361-009;* ER98-4138-005; ER99-2781-007; ER98-3096-011; ER01-202-004; ER00-1770-010; ER02-453-006; ER04-472-003; ER04-529-003. *Applicants:* Atlantic City Electric Company; Potomac Electric Power Company; Delmarva Power & Light Company; Pepco Energy Services, Inc.; Potomac Power Resources, LLC; Conectiv Energy Supply, Inc.; Conectiv Bethlehem, LLC; Fauquier Landfill Gas, LLC; Rolling Hills Landfill Gas, LLC. *Description: Pepco Holdings, Inc et al. submit notification of change in status.* *Filed Date:* 8/3/2006. *Accession Number: 20060804-0148.* *Comment Date:* 5 p.m. eastern time on Thursday, August 24, 2006. *Docket Numbers: ER97-2846-010;* ER99-2311-007; ER01-2928-009; ER03-1383-005; ER01-1418-006; ER02-1238-007; ER01-1419-006; ER01-1310-007; ER03-398-007. *Applicants:* Florida Power Corporation; Carolina Power & Light Company; Progress Ventures, Inc.; DeSoto County Generating Company, LLC; Effingham County Power, LLC; MPC Generating, LLC; Rowan County Power, LLC; Walton County Power, LLC; and Washington County Power, LLC. *Description: Progress Ventures, Inc submits a notice of change in status, effective 1/1/09-12/31/10, in which they will purchase 100 MW and the associated energy from Morgan Stanley Capital Group, Inc.* *Filed Date:* 8/1/2006. *Accession Number: 20060804-0094.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 22, 2006. *Docket Numbers: ER00-2885-010:* ER06-864-002; ER01-2765-009; ER02-1582-008; ER02-1785-005; ER02-2102-009. *Applicants:* Cedar Brakes I, L.L.C.; Bear Energy LP; Cedar Brakes II, L.L.C.; Mohawk River Funding IV, L.L.C.; Thermo Cogeneration Partnership L.P.; Utility Contract Funding, L.L.C. *Description:* Bear Energy LP et al. notifies FERC that they have entered into an agreement to provide energy management services in accordance with Order 652 and their market-based rate authorizations. *Filed Date:* 8/7/2006. *Accession Number: 20060809-0069.* *Comment Date:* 5 p.m. eastern time on Monday, August 28, 2006. *Docket Numbers: ER02-2310-005.* *Applicants:* Crescent Ridge LLC. *Description: Crescent Ridge LLC submits a notice of Non-Material Change in Status as a result of upstream ownership.* *Filed Date:* 7/31/2006. *Accession Number: 20060731-5056.* *Comment Date:* 5 p.m. eastern time on Monday, August 21, 2006. *Docket Numbers: ER03-1413-005.* *Applicants:* Sempra Energy Trading Corp. *Description: Sempra Energy Trading Corp submits its updated market analysis and a revised market-based rate tariff.* *Filed Date:* 8/1/2006. *Accession Number: 20060804-0097.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 22, 2006. *Docket Numbers: ER05-487-004.* *Applicants:* FPL Energy Cowboy Wind, LLC. *Description: FPL Energy Cowboy Wind, LLC submits its notice of change in material facts.* *Filed Date:* 7/31/2006. *Accession Number: 20060731-5067.* *Comment Date:* 5 p.m. eastern time on Monday, August 21, 2006. *Docket Numbers: ER05-717-004;* ER05-721-004; ER04-374-003; ER99-2341-006; ER06-230-001. *Applicants:* Spring Canyon Energy LLC; Judith Gap Energy LLC; Invenergy TN LLC; Hardee Power Partners Limited; Wolverine Creek Energy LLC. *Description:* Spring Canyon Energy LLC et al. submit a notice of change in status. *Filed Date:* 8/3/2006. *Accession Number: 20060807-0156.* *Comment Date:* 5 p.m. eastern time on Thursday, August 24, 2006. *Docket Numbers: ER05-1050-003.* *Applicants:* AmerGen Energy Company LLC. *Description: AmerGen Energy Company submits a refund report in Compliance with Commission's June 28, 2006 Order.* *Filed Date:* 8/4/2006. *Accession Number: 20060804-5063.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-9-003.* *Applicants:* FPL Energy Burleigh County Wind, LLC. *Description: FPL Energy Burleigh County Wind, LLC submits a notice of change in material facts.* *Filed Date:* 7/31/2006. *Accession Number: 20060731-5062.* *Comment Date:* 5 p.m. eastern time on Monday, August 21, 2006. *Docket Numbers: ER06-199-001.* *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits revisions to the PJM Open Access Transmission Tariff in compliance with FERC's 7/7/06 Order. *Filed Date:* 8/7/2006. *Accession Number: 20060809-0026.* *Comment Date:* 5 p.m. eastern time on Monday, August 28, 2006. *Docket Numbers: ER06-729-001.* *Applicants:* Southwest Power Pool, Inc. *Description: Southwest Power Pool Inc its revised Open Access Transmission Tariff, to be effective 10/1/06 pursuant to Commission's Order issued 5/11/06.* *Filed Date:* 8/1/2006. *Accession Number: 20060804-0090.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 22, 2006. *Docket Numbers: ER06-964-001.* *Applicants:* Acadia Power Partners, LLC. *Description: Acadia Power Partners, LLC submits Substitute First Revised Sheet 3 to its FERC Electric Tariff, Original Volume 1, pursuant to the Commission's 6/30/06 Order.* *Filed Date:* 7/28/2006. *Accession Number: 20060804-0093.* *Comment Date:* 5 p.m. eastern time on Friday, August 18, 2006. *Docket Numbers: ER06-1051-002.* *Applicants:* Northern States Power Company. *Description: Xcel Energy Services Inc on behalf of Northern States Power Co submits supplemental information and responses to FERC's 7/5/06 data request.* *Filed Date:* 8/4/2006. *Accession Number: 20060807-0159.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1094-008* . *Applicants:* Unitil Power Corp.; Fitchburg Gas and Electric Light Company; Unitil Energy Systems, Inc. *Description: Unitil Power Corp et al. supplement the request for waiver filed on 6/1/06 with additional information regarding each of the Unitil Companies.* *Filed Date:* 7/31/2006. *Accession Number: 20060804-0058.* *Comment Date:* 5 p.m. eastern time on Monday, August 21, 2006. *Docket Numbers: ER06-1118-002.* *Applicants:* ECP Energy, LLC. *Description: ECP Energy LLC submits a Second Amended Application for Order Accepting Initial Tariff, Waiving Regulations, & Granting Blanket Approvals, & Request Consideration & Waiver of 60 day Prior Notice Requirement.* *Filed Date:* 8/2/2006. *Accession Number: 20060804-0145.* *Comment Date:* 5 p.m. eastern time on Wednesday, August 23, 2006. *Docket Numbers: ER06-1243-001.* *Applicants:* Liberty Power Holdings LLC. *Description: Liberty Power Holdings LLC submits amendment to the original filing dated 7/11/06 including the petitions for acceptance of initial rate schedule, waivers & blanket authority under ER06-1243.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0122.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1261-001.* *Applicants:* FPL Energy Mower County, LLC. *Description: FPL Energy Mower County, LLC submits an amendment to its application for market-based rate authority filed on 7/19/06.* *Filed Date:* 8/4/2006. *Accession Number: 20060807-0152.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1331-000.* *Applicants:* CalPeak Power LLC. *Description: Calpeak Power, LLC submits an application for acceptance of its proposed FERC Electric Tariff, Original Volume 1.* *Filed Date:* 8/2/2006. *Accession Number: 20060804-0095.* *Comment Date:* 5 p.m. eastern time on Wednesday, August 23, 2006. *Docket Numbers: ER06-1333-000.* *Applicants:* Southern California Edison Company. *Description:* Southern California Edison Co submits its Second Revised Sheet 4 et al. to Service Agreement No. 43, Interconnection Facilities Agreement with the City of Colton, SC. *Filed Date:* 8/3/2006. *Accession Number: 20060807-0154.* *Comment Date:* 5 p.m. eastern time on Thursday, August 24, 2006. *Docket Numbers: ER06-1334-000.* *Applicants:* Spindle Hill Energy LLC. *Description:* Spindle Hill Energy LLC submits an application for market-based rate authorization and related waivers and pre-approvals. *Filed Date:* 8/3/2006. *Accession Number: 20060807-0157.* *Comment Date:* 5 p.m. eastern time on Thursday, August 24, 2006. *Docket Numbers: ER06-1335-000.* *Applicants:* Participating Transmission Owners Administrative Committee. *Description: New England's Participating Transmission Owners submits its annual informational filing regarding ISO Tariff changes in effect as of 6/1/06.* *Filed Date:* 7/31/2006. *Accession Number: 20060808-0146.* *Comment Date:* 5 p.m. eastern time on Monday, August 21, 2006. *Docket Numbers: ER06-1336-000.* *Applicants:* PJM Interconnection, L.L.C. *Description: PJM Interconnection, LLC submits an unexecuted interconnection service agreement with Indeck-Elwood, LLC and Commonwealth Edison Co.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0127.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1337-000.* *Applicants:* Southern California Edison Company. *Description: Southern California Edison Co submits First Revised Sheet 2 et al. to its FERC Gas Tariff, First Revised Volume 5 to the Interconnection Facilities Agreement with City of Moreno Valley.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0125.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1338-000.* *Applicants:* American Electric Power Services Corporation. *Description: American Electric Power Service Corp on behalf of AEP Texas North Co submits two generation interconnection agreements with Airtricity Wild Horse Wind Farm, LLC.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0140.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1339-000.* *Applicants:* Southern California Edison Company. *Description: Southern California Edison Co submits revised rate sheets to the Interconnection Facilities Agreement with NM Milliken Genco LLC.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0124.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1340-000.* *Applicants:* ISO New England Inc. *Description: ISO New England Inc submits a correction to its May & June 2006 UCAP Deficiency Auction results.* *Filed Date:* 8/4/2006. *Accession Number: 20060808-0123.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1341-000.* *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description: Midwest Independent Transmission System Operator, Inc.'s submits an Interconnection Agreement with Southern Indiana Gas & Electric dba Vectran Energy Delivery of Indiana, Inc.* *Filed Date:* 8/7/2006. *Accession Number: 20060808-0141.* *Comment Date:* 5 p.m. eastern time on Monday, August 28, 2006. *Docket Numbers: ER06-1342-000.* *Applicants:* Southern Operating Companies. *Description: Alabama Power Co et al. submit an executed interconnection agreement with Southern Power Company, Service Agreement 479.* *Filed Date:* 8/7/2006. *Accession Number: 20060808-0119.* *Comment Date:* 5 p.m. eastern time on Monday, August 28, 2006. *Docket Numbers: ER06-1343-000.* *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, LLC submits an executed Wholesale Market Participation Agreement with Masonic Villages of Pennsylvania and PPL Electric Utilities Corp. *Filed Date:* 8/4/2006. *Accession Number: 20060809-0027.* *Comment Date:* 5 p.m. eastern time on Friday, August 25, 2006. *Docket Numbers: ER06-1344-000.* *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Co of New Mexico submits the Fourth Revised Service Agreement for Network Integration Transmission Service Agreement et al. with Tri-State Generation & Transmission Association, Inc. *Filed Date:* 8/8/2006. *Accession Number: 20060809-0020.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. *Docket Numbers: ER06-1345-000.* *Applicants:* New England Power Company. *Description:* New England Power Co submits its Local Service Agreements between NEP and various customers. *Filed Date:* 8/8/2006. *Accession Number: 20060809-0099.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers: PH06-102-000.* *Applicants:* Sowood Capital Management LP. *Description:* Sowood Capital Management, LP submits its petition of exemption from the requirements of the PUHCA of 2005. *Filed Date:* 8/2/2006. *Accession Number: 20060807-0158.* *Comment Date:* 5 p.m. eastern time on Wednesday, August 23, 2006. *Docket Numbers: PH06-103-000.* *Applicants:* IP Gyrfalcon Company, LLC. *Description: IP Gyrfalcon Company, LLC submits an Exemption Notification of requirements of PUHCA of 2005.* *Filed Date:* 8/8/2006. *Accession Number: 20060808-5042.* *Comment Date:* 5 p.m. eastern time on Tuesday, August 29, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13430 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 459-128] Union Electric Company, dba AmerenUE; Notice of Availability of Final Environmental Assessment August 8, 2006. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects' staff has reviewed the application for new license for the Osage Project, located on the Osage River in south central Missouri, and has prepared a final Environmental Assessment

(EA)for the project. In the final EA, Commission staff analyzed the potential environmental effects of relicensing the project and concluded that issuing a new license for the project, with appropriate environmental measures, would not constitute a major Federal action that would significantly affect the quality of the human environment. A copy of the final EA is available for review in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. You may register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or any other pending projects. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-13363 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 405-068] Susquehanna Power Company and PECO Energy Power Company; Notice of Availability of Environmental Assessment August 9, 2006. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed an application for non-project use of project lands and waters and has prepared an environmental assessment

(EA)for public review. The licensees seek Commission approval to permit use of the Conowingo Hydroelectric Project, FERC No. 405, reservoir and lands to withdraw and discharge water. The EA analyzes the environmental impacts of the proposed water withdrawal and discharge. The project is located on the Susquehanna River in Hartford and Cecil Counties in Maryland, and York and Lancaster Counties in Pennsylvania. The EA was written by staff in the Office of Energy Projects, Federal Energy Regulatory Commission (Commission). A copy of the EA is attached to a Commission order titled “Order Modifying and Approving Non-Project Use of Project Lands and Waters” issued August 8, 2006 and is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access documents. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. Any comments on the EA should be filed within 30 days from the issuance date of this notice, and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1-A, Washington, DC 20426. Please affix “Conowingo Project No. 405-068” to all comments. Comments may be filed electronically via Internet in lieu of paper filings. The Commission strongly encourages electronic filings. See 18 CFR 385.20011(a)(1)

(iii)and the instructions on the Commission's Web site under the “eFiling” link. Magalie R. Salas, Secretary. [FR Doc. E6-13370 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests August 8, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Major License. b. *Project No.:* 12429-001. c. *Date filed:* August 1, 2006. d. *Applicant:* Clark Canyon Hydro, LLC. e. *Name of Project:* Clark Canyon Dam Hydroelectric Project. f. *Location:* On the Beaverhead River, 18 miles southwest of the Town of Dillon, Beaverhead County, Montana. The project would occupy 3.5 acres of Federal land administered by the Bureau of Reclamation. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Brent L. Smith, Northwest Power Services, Inc., P.O. Box 535, Rigby, ID 83442,

(208)745-0834 or Dr. Vincent Lamarra, Ecosystems Research Institute, Inc., 975 South State Highway, Logan, UT 84321. i. *FERC Contact:* Dianne Rodman,

(202)502-6077, *Dianne.rodman@ferc.gov.* j. *Cooperating agencies:* We are asking Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See* , 94 FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: October 2, 2006. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. m. The application is not ready for environmental analysis at this time. n. The proposed project would utilize the existing Bureau of Reclamation's Clark Canyon dam, and would consist of the following new facilities:

(1)A steel liner in the existing 9-foot-diameter concrete outlet conduit;

(2)a new outlet gate structure;

(3)a 9-foot-diameter steel penstock bifurcating into an 8-foot diameter and a 6-foot diameter steel penstock directing flow to the turbine units about 70 feet from the bifurcation;

(4)a powerhouse containing two generating units with a combined capacity of 4.75 megawatts;

(5)a 300-foot-long access road;

(6)a switchyard;

(7)about 0.1 mile of transmission line connecting the project to the local utility's transmission system; and

(8)about 11 miles of existing transmission line that would be upgraded. The average annual generation is estimated to be 16.5 gigawatthours. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the Montana State Historic Preservation Officer (SHPO), as required by § 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR, at § 800.4. q. *Procedural schedule:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. *Issue Deficiency Letter* : September 2006. *Issue Acceptance Letter* : December 2006. *Issue Scoping Document 1 for comments* : January 2007. Request Additional Information: March 2007. *Issue Scoping Document 2* : April 2007. Notice of application is ready for environmental analysis: April 2007. Notice of the availability of the EA: October 2007. Ready for Commission's decision on the application: January 2008. Magalie R. Salas, Secretary. [FR Doc. E6-13364 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests August 8, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of license to upgrade the installed capacity. b. *Project No:* 2077-055. c. *Date Filed:* June 27, 2006. d. *Applicant:* TransCanada Hydro Northeast, Inc. e. *Name of Project:* Fifteen Mile Falls. f. *Location:* The project is located on the Connecticut River near the Town of Littleton, Grafton County, New Hampshire, and Caledonia County, Vermont. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. John Ragonese, TransCanada Northeast, Inc., 4 Park Street, Suite 402, Concord, NH 03301-3260. Tel:

(603)225-3260. i. *FERC Contact:* Any questions on this notice should be addressed to Vedula Sarma at

(202)502-6190 or *vedula.sarma@ferc.gov.* j. *Deadline for filing comments and/or motions:* September 8, 2006. k. *Description of Filing:* TransCanada Northeast, Inc. proposes to replace turbine runners at the Comerford Development of the project. The project consists of three developments: the Moore, Comerford and McIndoes developments with a current authorized installed capacity of 291,360 kilowatts

(kW)and total hydraulic capacity of 37,400 cfs. The licensee proposes to replace existing four turbine runners of the Comerford Development in two phases. Phase 1 involves immediate replacement of turbine runner of Unit 1, and in phase 2 the turbine runners of the remaining three units would be replaced over a period of four years. The proposed changes would increase the project's total installed capacity by 28,600 kW and the hydraulic capacity would be reduced from 37,400 cfs to 37,235 cfs. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E6-13365 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments August 9, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12700-000. c. *Date filed:* June 8, 2006. d. *Applicant:* Georges C. St Laurent, Jr. e. *Name of Project:* St Laurent Land and Cattle Company. f. *Location:* On a 1500 acre private ranch in Jackson County, Oregon. The water is from the Nichols Gap Creek and an irrigation district owned by Eagle Point Irrigation District. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Richard Enloe, Enloe & Associates, Inc., 2350 Ave. G, White City, OR 97503,

(541)826-9422, Ext. 1016, E-mail *enloe2@earthlink.net* . i. *FERC Contact:* Patricia W. Gillis at

(202)502-8735. j. *Deadline for filing comments, protests, and motions to intervene:* 60 days from the issuance date of this notice. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of the following two developments: The Lower Development

(1)An existing channel,

(2)a proposed intake structure,

(3)a proposed underground 4,300-foot-long, 48-inch-diameter steel penstock,

(4)a proposed powerhouse containing one generating unit with an installed capacity of 600-kilowatts,

(5)a proposed 4,500-foot-long, 12.47 kilovolt transmission line, and

(6)appurtenant facilities. The proposed project would have an average annual generation of 2,623 gigawatt-hours, which would be sold to a local utility. The Upper Development

(1)An existing channel,

(2)a proposed intake structure,

(3)a proposed underground 1,450-foot-long 36-inch-diameter steel penstock,

(4)a proposed powerhouse containing one generating unit with an installed capacity of 400-kilowatts,

(5)a proposed 1,450-foot-long 12.47 kilowatt transmission line, and appurtenant facilities. The proposed project would have an average annual generation of 1,352 gigawatt-hours, which would be sold to a local utility. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit:* Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application:* Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent:* A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies under Permit:* A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents:* Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E6-13369 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12470-001] City of Broken Bow, OK; Notice of Application Tendered for Filing With the Commission August 9, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Original Major License. b. *Project No.:* 12470-001. c. *Date Filed:* July 26, 2006. d. *Applicant:* City of Broken Bow, Oklahoma. e. *Name of Project:* Broken Bow Re-Regulation Dam Hydropower Project. f. *Location:* On the Mountain Fork River in McCurtain County, Oklahoma. The project would be located at the United States Army Corps of Engineers' (Corps) Broken Bow Re-Regulation Dam and would occupy lands administered by the Corps. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Olen Hill, City Manager, City of Broken Bow, Oklahoma; 210 North Broadway; Broken Bow, Oklahoma 74728;

(405)584-2282. i. *FERC Contact:* Peter Leitzke at

(202)502-6059, or *peter.leitzke@ferc.gov* . j. *Cooperating Agencies:* We are asking Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item

(k)below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. *See* , 94 FERC ¶ 61,076 (2001). k. *Deadline for Filing Requests for Cooperating Agency Status:* 60 days from the filing date shown in paragraph (c), or September 25, 2006. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Requests for Cooperating Agency Status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. After logging into the e-Filing system, select “Comment on Filing” from the Filing Type Selection screen and continue with the filing process. l. *Status:* This application is not ready for environmental analysis at this time. m. *Description of Project:* The proposed run-of-river project, using the Corps' existing Broken Bow Re-Regulation Dam and Reservoir, would consist of:

(1)Three 93.5-foot-long penstocks connecting to;

(2)a 112-foot-wide by 129-foot-long powerhouse containing three turbine-generator units and having a total installed capacity of 4 megawatts;

(3)a tailrace returning flows to the Mountain Fork River;

(4)a 1,600-foot-long, 13.8-kilovolt transmission line or a 3.5-mile-long, 13.8 kilovolt transmission line; and

(5)appurtenant facilities. The project would have an average annual generation of 17,450 megawatt-hours. n. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field (P-12470), to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* , or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. o. With this notice, we are initiating consultation with the *OKLAHOMA STATE HISTORIC PRESERVATION OFFICER* (SHPO), as required by section 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. p. *Procedural schedule and final amendments:* The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made if the Commission determines it necessary to do so: Action Tentative date Issue Deficiency Letter October 2006. Request Additional Information December 2006. Issue Acceptance letter January 2007. Issue Scoping Document 1 for comments March 2007. Request Additional Information (if necessary) May 2007. Issue Scoping Document 2 (if necessary) June 2007. Notice that application is ready for environmental analysis August 2007. Notice of the availability of the draft EA February 2008. Notice of the availability of the final EA (if necessary) June 2008. Ready for Commission's decision on the application June 2008. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. Magalie R. Salas, Secretary. [FR Doc. E6-13378 Filed 8-15-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0620; FRL-8085-7] Nominations to the FIFRA Scientific Advisory Panel: Request for Comments AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice provides the names, addresses, professional affiliations, and selected biographical data of persons nominated to serve on the Scientific Advisory Panel

(SAP)established under section 25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Panel was created on November 28, 1975, and made a statutory Panel by amendment to FIFRA, dated October 25, 1988. The Agency expects to select one new member to serve on the panel as a result of a vacancy that will occur during the current calendar year. Public comment on the nominations is invited, as these comments will be used to assist the Agency in selecting the new chartered Panel member. DATES: Comments must be received on or before September 15, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0620, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0620. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Myrta R. Christian, Designated Federal Official (DFO), Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-8498; fax number:

(202)564-8382; e-mail address: *christian.myrta@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of 1996 (FQPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date, and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background Amendments to FIFRA enacted November 28, 1975, include a requirement under section 25(d) that notices of intent to cancel or reclassify pesticide registrations pursuant to section 6(b)(2), as well as proposed and final forms of regulations pursuant to section 25(a), be submitted to a Scientific Advisory Panel prior to being made public or issued to a registrant. In accordance with section 25(d), the SAP is to have an opportunity to comment on the health and environmental impact of such actions. The Panel shall also make comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of analyses made by Agency scientists. In accordance with the statute, the SAP is composed of a permanent panel of seven members, selected and appointed by the Deputy Administrator of EPA from nominees submitted by both the National Science Foundation and the National Institutes of Health. The Agency expects to select one new member to serve on the panel as a result of a vacancy that will occur during the current calendar year. The Agency requested nominations of experts to be selected from the field of ecotoxicology and ecological risk assessment (including probabilistic ecological risk assessment). Nominees should be well published and current in their fields of expertise. The statute further stipulates that the name, address, and professional affiliation of each nominee be published in the **Federal Register.** III. Charter A Charter for the FIFRA Scientific Advisory Panel dated October 25, 2004 was issued in accordance with the requirements of the Federal Advisory Committee Act, Public Law 92-463, 86 Stat. 770 (5 U.S.C. App. I). A. Qualifications of Members Members are scientists who have sufficient professional qualifications, including training and experience, to assess the impact of pesticides on health and the environment. No persons are ineligible to serve on the Panel by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency (except the EPA). The Deputy Administrator appoints individuals to serve on the Panel for staggered terms of 4 years. Panel members are subject to the provisions of 40 CFR part 3, subpart F, Standards of Conduct for Special Government Employees, which include rules regarding conflicts of interest. Each nominee selected by the Deputy Administrator, before being formally appointed, is required to submit a confidential statement of employment and financial interests, which shall fully disclose, among other financial interests, the nominee's sources of research support, if any. In accordance with section 25(d)(1) of FIFRA, the Deputy Administrator shall require all nominees to the Panel to furnish information concerning their professional qualifications, educational background, employment history, and scientific publications. B. Applicability of Existing Regulations With respect to the requirements of section 25(d) of FIFRA that the Administrator promulgate regulations regarding conflicts of interest, the Charter provides that EPA's existing regulations applicable to Special Government Employees, which include advisory committee members, will apply to the members of the SAP. These regulations appear in 40 CFR part 3, subpart F. In addition, the Charter provides for open meetings with opportunities for public participation. C. Process of Obtaining Nominees In accordance with the provisions of section 25(d) of FIFRA, in March 2006, EPA requested the National Institutes of Health

(NIH)and that the National Science Foundation

(NSF)nominate scientists to fill one vacancy occurring on the Panel. The Agency requested nominations of experts in the field of ecotoxicology and ecological risk assessment including probabilistic ecological risk assessment. NIH and NSF responded by letter, providing the Agency with a total of 12 nominees. Seven of the 12 nominees are interested and available to actively participate in SAP meetings (see IV Nominees). The following five nominees are not available. 1. Barnthouse, Lawrence, Ph.D., LWB Environmental Services, Inc., Oak Ridge, TN. 2. Harrahy, Elisabeth, Ph.D., Wisconsin Department of Natural Resources, Madison, WI. 3. Kelly, Elizabeth, Ph.D., Los Alamos National Laboratory, Los Alamos, NM. 4. Oberdorster, Eva, Ph.D., Southern Methodist University, Dallas, TX. 5. Piegorsch, Walter, Ph.D., University of South Carolina, Columbia, SC. IV. Nominees The following are the names, addresses, professional affiliations, and selected biographical data of the seven nominees being considered for membership on the FIFRA Scientific Advisory Panel. The Agency expects to select one of the nominees to fill a vacancy occurring this year. 1. *Nominee* : Autenrieth, Robin L., Ph.D., P.E., Professor, and Assistant Department Head, Department of Civil Engineering, Texas A and M University, College Station, TX. i. *Expertise* : Biological sciences and environmental engineering. ii. *Education* : B.S., Biological Sciences, University of Maryland; M.S., Civil and Environmental Engineering, Clarkson University; Ph.D., Civil and Environmental Engineering, Clarkson University. iii. *Professional Experience* : Dr. Robin L. Autenrieth is a Professor in the Division of Environmental and Water Resources of the Zachry Department of Civil Engineering at Texas A and M University. She also has a joint appointment in the Department of Environmental and Occupational Health of the Health Science Center's School of Rural Public Health. Dr. Autenrieth teaches classes in environmental engineering related to biological processes, human health risk assessment, and sustainable practices. Her research addresses the fate of chemicals in the environment, notably biological degradation, and improving estimates of exposure and human health risk estimates. Dr. Autenrieth received a B.S. in biological sciences from the University of Maryland, a M.S. and Ph.D. in Environmental Engineering from Clarkson University. As a professor for over 20 years, Dr. Autenrieth integrates her background in biological sciences with engineering. Her early research focused on biodegradation of xenobiotic and hazardous chemicals with particular emphasis on hydrocarbons released in nearshore environments. She was one of the principals in one of the few programs allowed to exercise controlled releases of oil to wetlands to study natural recovery and remediation strategies. Other biodegradation work with explosives and chemical warfare agents led to collaborations with colleagues in the former Soviet Union. More recently she has been using quantitative structural analysis techniques to relate both biodegradability and toxicity to generate factors that can be used in predicting the behavior of uncharacterized compounds for their fate in the environment or potential human health impact upon exposure. Laboratory studies to evaluate biodegradation kinetics of a range of chemicals have led to current studies on estrogenic compounds (e.g. hormones) and antibiotics released from confined animal operations and their impact on exposed environments. She is serving on a National Academy of Sciences committee to evaluate secondary wastes from the destruction of chemical warfare agents and has served on similar committees in the past. In Civil Engineering she serves as the Assistant Department Head. 2. *Nominee* : Chandler, G. Thomas, Ph.D., Professor and Chairman, Department of Environmental Health Sciences, University of South Carolina, Columbia, SC. i. *Expertise* : Ecotoxicology, toxicology, aquatic/marine ecology. ii. *Education* : B.Sc., Biology and Marine Biology, University of North Carolina at Wilmington; M.Sc., Zoology, Louisiana State University; Ph.D., Zoology (Statistics Minor), Louisiana State University. iii. *Professional Experience* : Dr. Chandler received his Ph.D. in Zoology with a minor in Applied Statistics from Louisiana State University in 1986, where he studied soft-sediment benthic ecology, ecotoxicology, and developed novel methods for sediment-based culture of meiobenthos. He was awarded a Fulbright Post-Doctoral fellowship in 1987 to study with Professor Olav Giere of the University of Hamburg. Dr. Chandler's research in Germany characterized ecological interactions among sediment-associated bacteria, foraminifera and copepods inhabiting estuaries of the North Sea Wattenmeer. From 1991 to the present, Dr. Chandler has been affiliated with the Arnold School of Public Health at the University of South Carolina, where he has published more than 70 articles, and progressed from assistant to full professor in 7 years. His competitive research support has totaled more than 30 projects for over $9-million, with primary support from the EPA, NOAA, and the NSF. Dr. Chandler's present research focus is in estuarine ecotoxicology with an emphasis on developing rapid screens for environmental detection of endocrine disruption in crustaceans using copepod models, and evaluating/modeling population-level risks of pesticide and ED exposure. He recently authored the ASTM E2317-04 standard method for lifecycle bioassay of sublethal developmental and reproductive toxicants using a 96-well microplate format. This method is presently being validated by the OECD for rapid Tier 2 evaluation of chemicals' endocrine disrupting potentials. He has published extensively on effects, fate and behavior of pesticides used in coastal environments of the southeastern US. In collaboration with the NOAA Center for Coastal Environmental Health and Biomolecular Research, Charleston, SC, Dr. Chandler performs extensive research on the toxicological impacts of urban-use pesticides on sediment-dwelling fauna exposed to golf-course and sewage effluents in salt-marsh estuaries. Dr. Chandler is presently professor and chairman of the Department of Environmental Health Sciences, US delegate to the Environmental Directorate of the OECD (Paris), and member of the Bilateral Biomarker Working Group, Office of Science, French Embassy. 3. *Nominee* : deFur, Peter L., Ph.D., President, Environmental Stewardship Concepts; and Affiliate Associate Professor, Center for Environmental Studies, Virginia Commonwealth University, Richmond, VA. i. *Expertise* : Risk assessment and ecological risk assessment. ii. *Education* : B.S. and M.A., Biology, The College of William and Mary; Ph.D., Biology, University of Calgary. iii. *Professional Experience:* Dr. Peter L. deFur is president of Environmental Stewardship Concepts, an independent private consultant, and an Affiliate Associate Professor and Graduate Coordinator in the Center for Environmental Studies at Virginia Commonwealth University where he conducts research on environmental health and ecological risk assessment. He served a term on the National Research Council Board on Environmental Studies and Toxicology

(BEST)and has served on several NRC study committees. Dr. deFur has served on federal advisory committees and works with professional associations. Dr. deFur received B.S. and M.A. degrees in Biology from the College of William and Mary in Virginia, and a Ph.D. in Biology

(1980)from the University of Calgary, Alberta. He was a postdoctoral fellow in neurophysiology in the Department of Medicine at the University of Calgary. Dr. deFur held faculty positions at George Mason University and Southeastern Louisiana University before joining the staff of the Environmental Defense Fund

(EDF)in Washington, DC. At EDF, Dr. deFur was involved in policy issues that include habitat preservation and quality, wetlands regulations, water quality analysis and risk assessment. Dr. deFur has extensive experience in risk assessment and ecological risk assessment regulations, guidance and policy. He served on the NAS/NRC Risk Characterization Committee that released its report, Understanding Risk, in June 1996. Dr. deFur served on numerous scientific reviews of EPA ecological and human health risk assessments, including the assessment for the WTI incinerator in Ohio and EPA's Ecological Risk Assessment Guidelines. Dr. deFur has served on three federal advisory committees for EPA's Endocrine Disruptor Screening and Testing Program. Dr. deFur presently serves as technical advisor to citizen organizations concerning the cleanup of contaminated sites at Formerly Used Defense Sites (FUDS), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act

(RCRA)sites. 4. *Nominee* : Harwell, Mark A., Ph.D., Principal, Harwell Gentile and Associates, LC, Palm Coast, FL. i. *Expertise* : Ecological risk assessments and ecosystem management. ii. *Education* : B.S., Biology, Emory University; M.S., Marine Ecology, University of Miami; Ph.D., Systems Ecology, Emory University. ii. *Professional Experience* : Dr. Harwell is an ecosystems ecologist with expertise in ecological risk assessments and ecosystem management. He (with colleague Dr. Jack Gentile) is currently a Partner in Harwell Gentile and Associates, LC, following a 25-year career in academia at Cornell University, the University of Miami Rosenstiel School, and Florida A and M University. Drs. Harwell and Gentile were leaders in the development of the EPA ecological risk assessment framework, and have led several large risk assessments, including comparative ecological risk assessments of oil spills in Tampa Bay and the Bay of Fundy; an ecological risk assessment of the effects of climate change and the South Florida ecosystem restoration on the Everglades and Biscayne Bay; an ecotoxicological risk assessment of the Coeur d'Alene River watershed; and an assessment of the current ecological significance of effects from the Exxon Valdez oil spill on Prince William Sound. Dr. Harwell led a series of interdisciplinary studies on human interactions with the South Florida environment, including field, mesocosm, and modeling studies in Biscayne Bay and the Florida Keys National Marine Sanctuary. He coordinated interdisciplinary studies in five National Estuarine Research Reserves, developing conceptual models of coupled human-environment systems, and contributing to ecological assessments using remote sensing and hyperspectral imagery. Dr. Harwell served for more than a decade as a member of the EPA Science Advisory Board (SAB), including two terms as Chair of the Ecological Processes and Effects Committee. He led the ecological risk component of the EPA Unfinished Business Project, and was a member of the EPA SAB Reducing Risk project. He chaired the U.S. Man and the Biosphere Human-Dominated Systems Directorate, and led its project on ecological sustainability, ecosystem management, and an ecosystem integrity report card framework. He led the Scientific Committee on Problems of the Environment (SCOPE) 5-year international study to assess the global environmental consequences of nuclear war (ENUWAR), with emphasis on ecological responses to climate change. He directed the PAN-EARTH Project, a series of national-level case studies on the ecological and agricultural effects of climate variability on Venezuela, India, Japan, China, and Sub-Saharan Africa; he was a member of the U.S. Global Change Research Program's National Assessment working group on coastal resources effects; and he serves as an expert reviewer for the Intergovernmental Panel on Climate Change. He served on the National Academy of Sciences panel on ecological risks in the U.S. and Poland, and was a member of the NAS panel on risk communications. Dr. Harwell also served as a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, and was elected a Fellow of AAAS. 5. *Nominee* : Hooper, Michael, Ph.D., Associate Professor, The Institute of Environmental and Human Health, Texas Tech University, Lubbock, TX. i. *Expertise* : Environmental toxicology. ii. *Education* : B.S., Biochemistry, California Polytechnic State University; Ph.D., Pharmacology and Toxicology, University of California at Davis. iii. *Professional Experience* : Dr. Michael Hooper is an associate professor in the Environmental Toxicology Department and a member of The Institute of Environmental and Human Health at Texas Tech University. He received his B.S. degree in Biochemistry at California Polytechnic State University in 1981 and his Ph.D. in Pharmacology and Toxicology at the University of California at Davis in 1988. After a research faculty position at Western Washington University's Huxley College, he moved to Clemson University in 1989 where he was a member of the graduate faculty of Environmental Toxicology and The Institute of Wildlife and Environmental Toxicology. He moved to his current position at Texas Tech University in 1997. His area of expertise is the impacts of chemical contaminants on the health of wildlife inhabiting environments contaminated with pesticides or chemical wastes, with an emphasis on the use of such data in regulatory or remediation decision making. His current research investigates the bioaccumulation and effects of chemicals from mixtures that occur on contaminated sites, studying animals that inhabit these sites and working to develop assay methods that allow assessments of vertebrate species risk through food and water exposure routes. Dr. Hooper was an advisor for the Avian Effects Dialog Group, served on the EPA's ECOFRAM panel to establish probabilistic risk assessment guidelines for pesticides, and is currently a member of the EPA Science Advisory Board panel on Aquatic Life Criteria. His research program is funded through grants from NIEHS, EPA, USFWS and USGS. 6. *Nominee* : Klaine, Stephen J., Ph.D., Professor, Department of Biological Sciences, Clemson University, Pendleton, SC. i. *Expertise* : Aquatic toxicology, Ecological Risk Assessment. ii. *Education* : B.S., Biology, University of Cincinnati; M.S., Environmental Science, Rice University; Ph.D., Environmental Science, Rice University. iii. *Professional Experience* : Stephen J. Klaine is a Professor in the Department of Biological Sciences and the Graduate Program of Environmental Toxicology at Clemson University. His research interest involves quantifying the impact of land use on aquatic ecosystems and developing strategies by which economically viable land-use can coexist with good environmental quality. He received his doctorate from the Department of Environmental Science and Engineering, Rice University in 1982 and has spent the last 24 years conducting environmental research and educating graduate students. He joined the Department of Biology, University of Memphis, in 1982 where he developed an undergraduate concentration in toxicology, an extramurally-funded research program in environmental toxicology, and a graduate program that produced 8 M.S. and 4 Ph.D. graduates. In 1991, he moved his laboratory to Clemson University to help found the graduate program in environmental toxicology. Since then, he has graduated over 25 M.S. and 20 Ph.D. students from Clemson University. Current research in his laboratory focuses on characterizing: i. The bioavailablity of metals and pesticides in aquatic systems; ii. the comparative phytotoxicity of pesticides; iii. the response of aquatic organisms to episodic contaminant exposures; iv. the water quality consequences of land use; v. the effects of pharmaceuticals on fish behavior; vi. the bioavailability of single-walled carbon nanotubes in aquatic systems; and vii. the bioavailability of PCBs in aquatic systems and the movement of PCBs through the aquatic and terrestrial food chain. In addition, he is principal investigator on several proposals and projects that focus on integrating natural and social scientists to solve problems regarding natural resource management. He has served as principle investigator or co-principle investigator on over $8-million in research funding. He has previously served on the board of directors for the Society of Environmental Toxicology and is currently an aquatic toxicology editor for the journal Environmental Toxicology and Chemistry. In the last decade, he has served on several EPA Science Advisory Panels and Workshops involving pesticide and metal fate, effects and risk. 7. *Nominee* : Schlenk, Daniel, Ph.D., Professor, Department of Environmental Sciences, University of California, Riverside, CA. i. *Expertise* : Aquatic ecotoxicology. ii. *Education* : B.S., Toxicology, Northeast Louisiana University; Ph.D., Toxicology, Oregon State University. iii. *Professional Experience* : Dr. Daniel Schlenk is Professor of Aquatic Ecotoxicology and Environmental Toxicology at the University of California Riverside. Dr. Schlenk received his Ph.D. in Toxicology from Oregon State University in 1989. He was supported by a National Institute of Environmental Health Science postdoctoral fellowship at Duke University from 1989-1991. Since 2003, he has been a member of the Board of Directors for the North American Society of Environmental Toxicology and Chemistry and has been a visiting Scholar in the Department of Biochemistry, Chinese University of Hong Kong; a recipient of the Ray Lankester Investigatorship of the Marine Biological Association of the United Kingdom; a visiting Scholar of the Instituto Del Mare, Venice Italy; and a Visiting Scientist at the CSIRO Lucas Heights Laboratory, in Sydney Australia. He has served on the EPA Science Advisory Board for Aquatic Life Criteria Guidelines and on proposal review panels for the EPA, NOAA, and the National Institutes of Health. He is the co-editor-in chief of Aquatic Toxicology and serves on the editorial boards of Toxicological Sciences, Environmental Toxicology and Chemistry, The Asian Journal of Ecotoxicology and Marine Environmental Research. He has co-edited a 2 volume series entitled “Target Organ Toxicity in Marine and Freshwater Teleosts” and has published more than 115 peer reviewed journal articles. His research interests revolve around the fate and effects of pesticides in aquatic organisms. In particular, his laboratory has focused on the impacts of hypersaline water on the biotransformation and enantioselective toxicity of endocrine-modulating pesticides to aquatic organisms. List of Subjects Environmental protection, Pesticides and pests. Dated: August 8, 2006. Elizabeth Resek, Acting Director, Office of Science Coordination and Policy [FR Doc. E6-13344 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2006-0690; FRL-8210-8] Board of Scientific Counselors Executive Committee Meeting—September 2006 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting (via conference call) of the Board of Scientific Counselors

(BOSC)Executive Committee. DATES: The conference call will be held on Tuesday, September 5, 2006 from 11 a.m. to 12 noon, eastern time, and may adjourn early if all business is finished. Requests for the draft agenda or for making oral presentations at the meeting will be accepted up to 1 business day before the meeting. ADDRESSES: Participation in the conference call will be by teleconference only—meeting rooms will not be used. Members of the public may obtain the call-in number and access code for the calls from Lorelei Kowalski, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2006-0690 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail:* Send comments by electronic mail (e-mail) to: *ORD.Docket@epa.gov,* Attention Docket ID No. EPA-HQ-ORD-2006-0690. • *Fax:* Fax comments to:

(202)566-0224, Attention Docket ID No. EPA-HQ-ORD-2006-0690. • *Mail:* Send comments by mail to: Board of Scientific Counselors, Executive Committee Meeting—September 2006 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2006-0690. • *Hand Delivery or Courier.* Deliver comments to: EPA Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2006-0690. Note: This is not a mailing address. 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 No. EPA-HQ-ORD-2006-0690. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *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 *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.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. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Board of Scientific Counselors, Executive Committee Meeting—September 2006 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 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 ORD Docket is

(202)566-1752. FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via mail at: Lorelei Kowalski, Mail Code 8104-R, Office of Science Policy, Office of Research and Development, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice mail at:

(202)564-3408; via fax at:

(202)565-2911; or via e-mail at: *kowalski.lorelei@epa.gov.* SUPPLEMENTARY INFORMATION: General Information Any member of the public interested in receiving a draft BOSC agenda or making a presentation at the conference call may contact Lorelei Kowalski, the Designated Federal Officer, via any of the contact methods listed in the FOR FURTHER INFORMATION CONTACT section. In general, each individual making an oral presentation will be limited to a total of three minutes. The purpose of this conference call is to approve a revised draft report prepared by the BOSC Science to Achieve Results (STAR)/Greater Research Opportunities

(GRO)Fellowship Subcommittee, and discuss follow-up to the BOSC Executive Committee's July 2006 public conference call. Proposed agenda items for the conference call include, but are not limited to, discussion of: the revised draft STAR/GRO Fellowship Subcommittee report; a process for conducting BOSC mid-cycle program reviews; and future business. The conference call is open to the public. *Information on Services for Individuals with Disabilities:* For information on access or services for individuals with disabilities, please contact Lorelei Kowalski at

(202)564-3408 or *kowalski.lorelei@epa.gov.* To request accommodation of a disability, please contact Lorelei Kowalski, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: August 9, 2006. Kevin Y. Teichman, Director, Office of Science Policy. [FR Doc. E6-13483 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2005-0493; FRL-8086-3] Streptomycin; Tolerance Reassessment Decision AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Tolerance Reassessment Decision

(TRED)for the pesticide streptomycin. The Agency's risk assessments and other related documents also are available in the streptomycin docket. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards. FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703)-603-0523; fax number:

(703)308-7070; e-mail address: *wormell.lance@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies Of This Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2005-0493. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

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

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. Background A. What Action is the Agency Taking? EPA has reassessed risks associated with use of the pesticide streptomycin, reassessed five existing tolerances or legal residue limits, and on June 30, 2006, reached a tolerance reassessment and risk management decision. Streptomycin is an antibiotic pesticide used to control bacterial diseases in certain fruits, vegetables, seeds, and ornamental crops. The majority of streptomycin used in agriculture is on apples and pears. Other crops treated include celery, philodendron, tomato, peppers, dieffenbachia cuttings, chrysanthemums, roses, pyracantha, potatoes, and tobacco. Streptomycin is also registered with FDA to treat infectious diseases in animals and humans. Streptomycin is typically applied by ground or aerial spray and is also used as a liquid soak, dust treatment, and seed treatment. Spray applications are generally made in the spring according to weather and crop development. Streptomycin is one of few tools available to combat fire blight, a potentially devastating disease in fruit trees. The Agency is now issuing a Report on Food Quality Protection Act

(FQPA)Tolerance Reassessment Progress and Risk Management Decision for streptomycin, known as a TRED, as well as related technical support documents . EPA must review tolerances and tolerance exemptions that were in effect when FQPA was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the streptomycin tolerances included in this notice. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, streptomycin was reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for streptomycin. B. What is the Agency's Authority for Taking this Action? Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests. Dated: August 9, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-13346 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2005-0492; FRL-8086-4] Oxytetracycline; Tolerance Reassessment Decision AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Tolerance Reassessment Decision

(TRED)for the pesticide oxytetracycline. The Agency's risk assessments and other related documents also are available in the oxytetracycline docket. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards. FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)603-0523; fax number:

(703)308-7070; e-mail address: * wormell.lance@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies Of This Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2005-0492. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. Background A. What Action is the Agency Taking? EPA has reassessed risks associated with use of the oxytetracycline, reassessed two existing tolerances or legal residue limits, and on June 30, 2006, reached a tolerance reassessment and risk management decision. Oxytetracycline is an antibiotic pesticide used to control bacteria, fungi, and mycoplasma-like organisms. The majority of agricultural use of oxytetracycline is on pears. Other crops treated include peaches, nectarines, and apples. Oxytetracycline use on apples has been approved under emergency exemption (Section 18) provisions for several years due to the lack of efficacious alternatives. Oxytetracycline is also registered for use on forest trees and ornamental trees, shrubs, and vines. There are no residential pesticidal uses of oxytetracycline. Oxytetracycline is also registered with FDA to treat infectious diseases in animals and humans and also as a food additive to increase animal weight gain. The Agency is now issuing a Report on Food Quality Protection Act

(FQPA)Tolerance Reassessment Progress and Risk Management Decision for Oxytetracycline, known as a TRED, as well as related technical support documents. EPA must review tolerances and tolerance exemptions that were in effect when FQPA was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the Oxytetracycline tolerances included in this notice. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, oxytetracycline was reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for oxytetracycline. B. What is the Agency's Authority for Taking this Action ? Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests. Dated: August 9, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-13485 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY EPA-HQ-OPP-2005-0293; FRL-8080-2 Cypermethrin Reregistration Eligibility Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Reregistration Eligibility Decision

(RED)for the pesticide cypermethrin, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the cypermethrin docket. Cypermethrin is an insecticide used both in agricultural and non-agricultural settings. Most agricultural use is on cotton with minor uses on pecans, peanuts, broccoli and sweet corn. Cypermethrin also has minor uses in the treatment of cattle and other livestock. The majority of cypermethrin use occurs in non-agricultural settings, including a wide range of commercial, industrial, and residential sites for control of ants, cockroaches, and fleas. There are also outdoor structural, perimeter, and turf uses for control of subterranean termites and other insects. In residential settings, cypermethrin can be applied both by professional applicators and residential users. EPA has reviewed cypermethrin through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. DATES: Comments must be received on or before October 16, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2005-0293 by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2005-0293. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

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

(703)305-4610; fax number:

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

(RED)for the pesticide, cypermethrin under section 4(g)(2)(A) of FIFRA. Cypermethrin was first registered in 1984 by FMC Corporation, who also subsequently registered the isomer enriched zeta-cypermethrin in 1992. Cypermethrin is an insecticide used both in agricultural and non-agricultural settings with most of the agricultural use on cotton and minor uses on pecans, peanuts, broccoli and sweet corn. EPA has determined that the data base to support reregistration is substantially complete and that products containing cypermethrin are eligible for reregistration provided the risks are mitigated either in the manner described in the RED or by another means that achieves equivalent risk reduction. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing cypermethrin. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, cypermethrin was reviewed through the modified 4-Phase process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for cypermethrin. The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. The Agency is issuing the cypermethrin RED for public comment. This comment period is intended to provide an additional opportunity for public input and a mechanism for initiating any necessary amendments to the RED. All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for cypermethrin. Comments received after the close of the comment period will be marked "late."; EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Docket and regulations.gov. If any comment significantly affects the document, EPA also will publish an amendment to the RED in the **Federal Register** . In the absence of substantive comments requiring changes, the cypermethrin RED will be implemented as it is now presented. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended directs that, after submission of all data concerning a pesticide active ingredient, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration, before calling in product specific data on individual end-use products and either reregistering products or taking other "appropriate regulatory action."; Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests. Dated: July 27, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-13164 Filed 8-15-06; 8:45 am] BILLING CODE 656050-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2005-0507; FRL-8087-2] Inorganic Chlorates Reregistration Eligibility Decision AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's Inorganic Chlorates Reregistration Eligibility Decision (RED). The Agency's risk assessments and other related documents also are available in the inorganic chlorates Docket. Of the inorganic chlorates listed as active ingredients (i.e., sodium chlorate, calcium chlorate, potassium chlorate, and magnesium chlorate), only sodium chlorate is present as an active ingredient in currently registered products. Sodium chlorate is a non-selective herbicide used in both agricultural and non-agricultural settings. The majority of the agricultural use is on cotton as a defoliant/desiccant. The non-agricultural uses include building perimeters, fence rows, and parking lots. The Inorganic Chlorates RED also includes an assessment of risk resulting from chlorate concentrations in drinking water, which occur as a result of certain drinking water treatment practices. EPA has reviewed sodium chlorate through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. FOR FURTHER INFORMATION CONTACT: Molly Clayton, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)603-0522; fax number: 703-308-7070; e-mail address: * clayton.molly@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2005-0507. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(RED)for the inorganic chlorates under section 4(g)(2)(A) of FIFRA. Of the inorganic chlorates listed as active ingredients, only sodium chlorate is present as an active ingredient in currently registered products. Sodium chlorate is a non-selective, contact herbicide, and is used on both agricultural and non-agricultural use sites. Sodium chlorate is also used in drinking water disinfection processes. Sodium chlorate-containing pesticide products are eligible for reregistration, provided the risks are mitigated either in the manner described in the RED or by any other means that achieve equivalant risk reduction. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing sodium chlorate. EPA must review tolerances and tolerance exemptions that were in effect when the Food Quality Protection Act

(FQPA)was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the sodium chlorate tolerances included in this notice. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency's Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the **Federal Register** on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, the inorganic chlorates, which include sodium chlorate as the only active ingredient, were reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for sodium chlorate. The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Few substantive comments were received during the earlier comment periods for this pesticide, and/or all issues related to this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the inorganic chlorates RED without a comment period. B. What is the Agency's Authority for Taking this Action? Section 4(g)(2) of FIFRA as amended , directs that, after submission of all data concerning a pesticide active ingredient, “the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,” before calling in product specific data on individual end-use products and either reregistering products or taking other “appropriate regulatory action.” Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides and pests. Dated: August 9, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-13342 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0369; FRL-8083-2] Chloroneb; Termination of Certain Uses and Label Amendments AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA's cancellation order for the termination of certain uses and label amendments, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide chloroneb, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an April 19, 2006 **Federal Register** Notice of Receipt of Request from the chloroneb registrant to voluntarily terminate certain uses of its chloroneb products and label amendments. The request would terminate chloroneb's use on residential lawns and turf, as well as on lawns and turf of parks and schools. In the April 19, 2006 Notice, EPA indicated that it would issue an order to implement the termination of certain uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the Notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the request to terminate the use on residential lawns and turf, as well as on lawns and turf of parks and schools. Any distribution, sale, or use of the chloroneb products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. DATES: The cancellations are effective August 16, 2006. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-8025; fax number:

(703)308-8005; e-mail address: livingston.wilhelmena *@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2004-0369 Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr/* . II. What Action is the Agency Taking? This notice grants the request by the registrant identified in this notice (Table 3) to terminate certain uses and amend labels for chloroneb registrations. Chloroneb is a fungicide currently registered for use on a variety of food crops but is primarily used for pre-plant cottonseed treatment as well as on commercial turf and ornamentals. Other markets for chloroneb seed treatment uses include: sugar beets, soybeans, cotton, and beans. In a letter dated January 9, 2006, Kincaid Inc. requested that EPA terminate certain uses of pesticide product registrations identified in this notice (Table 1). Kincaid Inc. requested voluntary termination of chloroneb's use on residential lawns and turf, as well as on lawns and turf at parks and schools. With regard to turf uses, Kincaid requested that the following use be terminated: Turf: except for golf course tees, greens, collars, aprons, and spot treatment on fairways, as well as athletic fields used only by professional athletes. In addition to the use terminations, Kincaid requested the following statement be added to the label for its manufacturing-use registration (registration number 73782-1) identified in this notice (Table 2): “This product may not be formulated into end use products for use on turf, except for use on golf course tees, greens, collars, aprons, and spot treatment on fairways, as well as athletic fields used for professional athletes.” This notice announces the termination of certain uses of chloroneb product registrations and label amendments. The affected products and the registrant making the request are identified in the following tables of this unit. **Table 1.—Chloroneb Product Registrations with Termination of Certain Uses** EPA Registration No. Product Name 73782-1 Chloroneb Fungicide Technical 73782-2 Demosan 65W 73782-3 Terraneb SP Turf Fungicide 73782-4 K.E. Chloroneb Systemic Flowable Fungicide **Table 2.—Chloroneb Product Registration for Label Amendments** EPA Registration No. Product Name 73782-1 Chloroneb Fungicide Technical **Table 3.—Registrant of Chloroneb Products With Termination of Certain Uses and Label Amendment** EPA Company No. Company Name and Address 73782 Kincaid Inc. P.O. Box 490 Athens, TN 37371 III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the April 19, 2006 **Federal Register** notice announcing the Agency's receipt of the request for voluntary termination of certain uses of chloroneb and label amendments. IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellation order to terminate certain uses of chloroneb registrations identified in Table 1 of Unit II. Accordingly, the Agency also orders that the label amendments for the product registration identified in Table 2 of Unit II is hereby amended. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI. will be considered a violation of FIFRA. V. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The cancellation order issued in this Notice includes the following existing stocks provisions: Registrant may sell and distribute existing stocks for one year from the date of the use termination request. The product may be sold, distributed, and used by people other than the registrant until existing stocks have been exhausted, provided that such sale, distribution, and use comply with the EPA-approved label and labeling of the product. List of Subjects Environmental protection, Pesticides and pests. Dated: August 9, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-13343 Filed 8-15-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0602; FRL-8081-4] Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. DATES: Comments must be received on or before September 15, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0602, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0602. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

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

(703)308-0031; e-mail address: *pfeifer.chris@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(ID)number EPA-HQ-OPP-2006-0191 and pesticide petition number

(PP)0E6114, by one of the following methods: • *http://www.regulations.gov/* . Follow the on-line instructions for submitting comments. • *Mail* : Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2006-0191. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Docket Facility is

(703)305-5805. 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-OPP-2006-0191. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov/* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going at regulations.gov, your e-mail address will be captured automatically 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. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm/* . *Docket* : All documents in the docket are listed in the regulation.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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at *http://www.regulations.gov* or in hard copy at the Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Hope Johnson, Registration Division (7505C), Office of Pesticide Programs, U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-0001; telephone number: 703-305-5410; e-mail address: *johnson.hope@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

Connectionstraces to 23

Traces to 23 documents

CFR