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Code · REGISTER · 2006-09-11 · Federal Aviation Administration (FAA), DOT · Notices

Notices. Final rule

16,923 words·~77 min read·/register/2006/09/11/06-7568

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

BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30512 ; Amendment No. 3183] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements.
These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective September 11, 2006. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 11, 2006. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1.
FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* *For Purchase* —Individual SIAP copies may be obtained from: 1.
FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd.
Oklahoma City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on August 25, 2006. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. § §97.23, 97.25, 97.27, 97.29, 97.31, 97.33 and 97.35 [Amended] 2. Part 97 is amended to read as follows: By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and §§ 97.35 COPTER SIAPs, Identified as follows: * * * Effective upon publication FDC date State City Airport FDC No. Subject 07/31/06 CO PUEBLO PUEBLO MEMORIAL 6/4530 GPS RWY 8L, ORIG IN TL 06-19 RESCINDED 08/02/06 NH ROCHESTER SKYHAVEN 6/4816 THIS NOTAM PUBLISHED IN TL06-19 IS HEREBY RESCINDED IN ITS' ENTIRETY. NDB OR GPS-B, AMDT 1B. 08/03/06 MT KALISPELL GLACIER PARK INTL 6/4881 RNAV
(GPS)RWY 2, AMDT 1 IN TL 06-19 RESCINDED. 08/03/06 OR REDMOND ROBERTS FIELD 6/5901 RNAV
(GPS)RWY 28, ORIG. 08/03/06 ID DRIGGS DRIGGS-REED MEMORIAL 6/5906 GPS A ORIG-B. 08/03/06 MT MISSOULA MISSOULA INTERNATIONAL 6/5907 GPS D ORIG. 08/03/06 MT POLSON POLSON 6/6415 RNAV
(GPS)RWY 18, ORIG-A. 08/09/06 ME PORTLAND PORTLAND INTL JETPORT 6/5818 RNAV
(GPS)RWY 11, AMDT 2. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5833 ILS RWY 14R (CAT II), AMDT 3. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5834 ILS RWY 14R (CAT III), AMDT 3. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5836 ILS OR LOC RWY 32R, ORIG. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5837 ILS RWY 32R (CAT II), ORIG. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5838 ILS RWY 32R (CAT III), ORIG. 08/09/06 NE OMAHA EPPLEY AIRFIELD 6/5839 ILS RWY 14R, AMDT 3. 08/10/06 PA PITTSBURGH PITTSBURGH INTL 6/5873 RNAV
(GPS)RWY 10C, AMDT 3. 08/11/06 NE OMAHA EPPLEY AIRFIELD 6/5967 ILS RWY 18, AMDT 7. 08/11/06 CA CHICO CHICO MUNI 6/5991 VOR/DME RWY 31R, ORIG-D. 08/11/06 CA CHICO CHICO MUNI 6/6003 GPS RWY 31R, ORIG-A. 08/11/06 NE OMAHA EPPLEY AIRFIELD 6/6016 ILS RWY 32L ORIG-A. 08/11/06 CA CHICO CHICO MUNI 6/6018 GPS RWY 31R, ORIG-A. 08/11/06 OK LAWTON LAWTON-FT SILL REGIONAL 6/6074 ILS RWY 35, AMDT 7B. 08/15/06 AK ST. MARYS ST. MARYS 6/6455 NDB RWY 35, ORIG-B. 08/15/06 MT CONRAD CONRAD 6/6487 NDB OR GPS RWY 24, AMDT 4. 08/15/06 GU AGANA GUAM INTL 6/6548 VOR/DME OR TACAN RWY 6L, ORIG-A. 08/15/06 GU AGANA GUAM INTL 6/6549 ILS OR LOC/DME RWY 6L, AMDT 3A. 08/15/06 GU AGANA GUAM INTL 6/6551 VOR-A, ORIG-A. 08/15/06 MA GARDNER GARDNER MUNI 6/6652 VOR OR GPS-A, AMDT 5. 08/15/06 ME PRINCETON PRINCETON MUNI 6/6653 RNAV
(GPS)RWY 15, ORIG. 08/16/06 GA COVINGTON COVINGTON MUNI 6/6654 GPS RWY 28, ORIG-A. 08/16/06 SC GREENVILLE DONALDSON CENTER 6/6760 ILS RWY 5, AMDT 4B. 08/16/06 NC ROCKINGHAM RICHMOND COUNTY 6/6776 NDB RWY 31, AMDT 3. 08/16/06 NC ROCKINGHAM RICHMOND COUNTY 6/6777 GPS RWY 31, ORIG. 08/16/06 PA PHILADELPHIA PHILADELPHIA INTL 6/6655 ILS RWY 27L, AMDT 12A. 08/16/06 PA SOMERSET SOMERSET COUNTY 6/6659 LOC RWY 24, AMDT 3A. 08/16/06 PA SOMERSET SOMERSET COUNTY 6/6660 NDB RWY 24, AMDT 5A. 08/16/06 PA SOMERSET SOMERSET COUNTY 6/6661 GPS RWY 6, ORIG-A. 08/16/06 PA SOMERSET SOMERSET COUNTY 6/6662 GPS RWY 24, ORIG-A. 08/16/06 NY NEW YORK LA GUARDIA 6/6754 ILS OR LOC RWY 22, AMDT 19A. 08/16/06 NY MONTAUK MONTAUK 6/6756 RNAV
(GPS)RWY 24, ORIG. 08/16/06 VT RUTLAND RUTLAND STATE 6/6757 VOR/DME RWY 1, ORIG-A. 08/16/06 NY MASSENA MASSENA INTL-RICHARDS FIELD 6/6856 ILS RWY 5, AMDT 2A. 08/16/06 NH MANCHESTER MANCHESTER 6/6867 VOR RWY 35, AMDT 15B. 08/16/06 NH MANCHESTER MANCHESTER 6/6868 ILS OR LOC/DME RWY 17, ORIG. 08/16/06 MD EASTON EASTON/NEWNAM FIELD 6/6872 ILS OR LOC/DME RWY 4, ORIG. 08/16/06 NY WESTHAMPTON BEACH FRANCIS S. GABRESKI 6/6881 COPTER ILS OR LOC RWY 24, AMDT 2. 08/16/06 NY HUDSON COLUMBIA COUNTY 6/6930 GPS RWY 21, ORIG-A. 08/16/06 NY WESTHAMPTON BEACH FRANCIS S. GABRESKI 6/6931 ILS OR LOC RWY 24, AMDT 9. 08/16/06 WV WHEELING WHEELING OHIO COUNTY 6/6957 ILS RWY 3, AMDT 20A. 08/17/06 MS GRENADA GRENADA MUNI 6/6875 NDB RWY 13, AMDT 1A. 08/18/06 GA ATLANTA COBB COUNTY-MCCOLLUM FIELD 6/6939 ILS OR LOC RWY 27, AMDT 2. 08/18/06 GA ATHENS ATHENS/BEN EPPS 6/6940 VOR OR GPS RWY 2, AMDT 10A. 08/18/06 GA ATHENS ATHENS/BEN EPPS 6/6941 VOR RWY 27, AMDT 11A. 08/18/06 GA MADISON MADISON MUNI 6/6942 VOR/DME OR GPS A, AMDT 7. 08/18/06 GA MADISON MADISON MUNI 6/6944 GPS RWY 14, AMDT 1. 08/18/06 GA WINDER WINDER-BARROW 6/6945 LOC RWY 31, AMDT 8A. 08/18/06 GA WINDER WINDER-BARROW 6/6946 VOR/DME OR GPS A, AMDT 9A. 08/18/06 GA WINDER WINDER-BARROW 6/6947 NDB OR GPS RWY 31, AMDT 8A. 08/21/06 NC NEW BERN CRAVEN COUNTY REGIONAL 6/7175 ILS RWY 4, ORIG-A. 08/22/06 PA ERIE ERIE INTL/TOM RIDGE FIELD 6/7169 ILS RWY 24, AMDT 7B. 08/22/06 PA KUTZTOWN KUTZTOWN 6/7170 VOR-A, AMDT 1. 08/22/06 NE OMAHA MILLARD 6/7233 NDB RWY 12, AMDT 10B. 08/22/06 CT HARTFORD HARTFORD-BRAINARD 6/7249 LDA RWY 2, AMDT 1D. 08/22/06 KS LAWRENCE LAWRENCE MUNI 6/7250 ILS OR LOC RWY 33, AMDT 1. 08/22/06 KS NEWTON NEWTON-CITY-COUNTY 6/7254 ILS OR LOC RWY 17, AMDT 4. 08/22/06 KS WINFIELD/ARKANSAS STROTHER FIELD 6/7308 ILS RWY 35, AMDT 4. 08/22/06 ND JAMESTOWN JAMESTOWN REGIONAL 6/7277 ILS RWY 31, AMDT 7B. 08/23/06 KS TOPEKA FORBES FIELD 6/7570 ILS RWY 31, AMDT 9A. 08/23/06 GA ALBANY SOUTHWEST GEORGIA REGIONAL 6/7471 ILS RWY 4, AMDT 10A. 08/23/06 WA EPHRATA EPHRATA MUNI 6/7512 VOR OR GPS RWY 20, AMDT 18A. 08/23/06 WA EPHRATA EPHRATA MUNI 6/7513 VOR/DME OR GPS RWY 2, AMDT 3A. [FR Doc. E6-14737 Filed 9-8-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-06-044] RIN 1625-AA09 Drawbridge Operation Regulations; Broad Creek, Cedar Creek, and Nanticoke River, DE AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is changing the drawbridge operation regulations of four Delaware Department of Transportation (DelDOT) bridges: the Poplar Street Bridge, at mile 8.2, and the U.S. 13A Bridge, at mile 8.2, both across Broad Creek in Laurel, DE; the SR 36 Bridge, at mile 0.5, over Cedar Creek in Cedar Beach; and SR 13 Bridge, at mile 39.6, across Nanticoke River in Seaford, DE. This final rule allows the bridges to open on signal if advance notice is given at different times from 4 to 48 hours. This change will eliminate the continual attendance of draw tender services during the non-peak boating periods while still providing for the reasonable needs of navigation. DATES: This rule is effective October 11, 2006. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD05-06-044 and are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The Fifth Coast Guard District maintains the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at
(757)398-6222. SUPPLEMENTARY INFORMATION: Regulatory History On June 29, 2006, we published a notice of proposed rulemaking
(NPRM)entitled “Drawbridge Operation Regulation; Broad Creek, Cedar Creek, and Nanticoke River, DE” in the **Federal Register** (71 FR 37024). We received no comments on the proposed rule. No public meeting was requested, and none was held. Background and Purpose DelDOT, who owns and operates the Poplar Street Bridge and the U.S. 13A Bridge, at mile 8.2, both across Broad Creek in Laurel; the SR 36 Bridge, at mile 0.5, over Cedar Creek in Cedar Beach; and the SR 13 Bridge, at mile 39.6, across Nanticoke River in Seaford, requested advance notification for vessel openings and a reduction in draw tender services for the following explanations: Broad Creek In the closed-to-navigation position, the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge, mile 8.2, both in Laurel, have vertical clearances of five feet and two feet, above mean high water, and eight feet and five feet, above mean low water, respectively. The existing operating regulations for these drawbridges are set out in 33 CFR 117.233, which requires the bridges, along with the Conrail Bridge (at mile 8.0) in Laurel, to open on signal if at least four hours notice is given. DelDOT provided information to the Coast Guard about the conditions and reduced operational capabilities of the draw spans. Due to the infrequency of requests for vessel openings of the drawbridge for the past 10 years, the final rule changes the current operating regulations by requiring the draw spans to open on signal if at least 48 hours notice is given year-round. Cedar Creek The SR 36 Bridge, at mile 0.5 in Cedar Beach, has a vertical clearance of two feet, above mean high water, and six feet, above mean low water, in the closed-to-navigation position. The existing regulation is listed at 33 CFR 117.5, which requires the bridge to open on signal. Bridge opening data submitted by DelDOT revealed significantly fewer openings at certain hours of the night in the spring and summer months; and during the fall and winter months. The bridge logs also show the majority of drawbridge openings were performed year-round between the hours of 6 a.m. and 6:30 p.m. This final rule requires the draw to open on signal from April 1 through November 30, except from 2 a.m. to 4 a.m., when at least four hours notice must be given. From 6 a.m. to 6:30 p.m., from December 1 through March 31, the draw will open on signal. At all other times, the draw will open on signal if at least four hours notice is given. These changes reduce bridge tender services required at the SR 36 Bridge due to the decrease in vessel opening requests. Nanticoke River The SR 13 Bridge, at mile 39.6, in Seaford has a vertical clearance of three feet, above mean high water and seven feet, above mean low water in the closed-to-navigation position. The existing regulation found at 33 CFR 117.5 requires the bridge to open on signal. Bridge opening data submitted by DelDOT revealed significantly fewer openings between the hours of 8 a.m. and 6 p.m. in the spring and summer months; and on weekdays in the fall and winter months. The final rule requires the draw to open on signal from 8 a.m. to 6 p.m. from April 1 through October 31; and at all other times, if at least four hours notice is given. From 7:30 a.m. to 3 p.m., from November 1 through March 31, on weekends (Saturdays and Sundays), the draw will open on signal; and at all other times, if at least four hours notice is given. These changes reduce bridge tender services required at the SR 13 Bridge due to the decrease in vessel opening requests. Discussion of Comments and Changes The Coast Guard did not receive any comments on the NPRM. Therefore, no changes were made to the final rule. Discussion of Rule Broad Creek The Coast Guard is revising 33 CFR 117.233, which governs the Conrail Bridge, mile 8.0, the Poplar Street bridge, mile 8.2 and the U.S. 13A bridge, mile 8.2, all in Laurel. The current regulation is divided into paragraphs
(a)and
(b)by this final rule. New paragraph
(a)contains the existing rule for the Conrail Bridge, mile 8.0, in Laurel and states that the draw shall open on signal if at least four hours notice is given. Paragraph
(b)contains the requirements for the Poplar Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.2, both in Laurel. The final rule requires the drawbridges to open on signal if at least 48 hours notice is given. Cedar Creek A new § 117.234, allows SR 36 Bridge, mile 0.5 in Cedar Beach, to open on signal from April 1 through November 30, except from 2 a.m. to 4 a.m., if at least four hours notice is given. From December 1 through March 31, from 6 a.m. to 6:30 p.m., the draw will open on signal; and at all other times, if at least four hours notice is given. Nanticoke River In 33 CFR 117.243, this final rule redesignates paragraphs
(a)through
(c)as paragraph (a)(1) through (a)(3). The redesignated paragraph
(a)contains the existing rules for the Norfolk Southern Railway Bridge, mile 39.4, at Seaford. The contact information for advance notice at the Norfolk Southern Railway Bridge is changed to the “train dispatcher” vice “bridge tender.” the telephone numbers are changed to
(717)215-0379 or
(609)412-4338. The redesignated paragraph
(b)contains the requirements for the SR 13 Bridge, mile 39.6, in Seaford. The final rule requires the draw to open on signal from 8 a.m. to 6 p.m. from April 1 through October 31; and at all other times, if at least four hours notice is given. From 7:30 a.m. to 3 p.m., from November 1 through March 31, on weekends (Saturdays and Sundays), the draw will open on signal; and at all other times, if at least four hours notice is given. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. We reached this conclusion based on the fact that these changes have only a minimal impact on maritime traffic transiting the bridge. Mariners can plan their trips in accordance with the scheduled bridge openings, to minimize delays. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule would not have a significant economic impact on a substantial number of small entities for the following reason. The rule only adds minimal restrictions to the movement of navigation, and mariners who plan their transits in accordance with the scheduled bridge openings can minimize delay. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. No assistance was requested from any small entity. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminates ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from further environmental documentation because it has been determined that the promulgation of operating regulations for drawbridges are categorically excluded. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. Revise § 117.233 to read as follows: § 117.233 Broad Creek.
(a)The draw of the Conrail Bridge, mile 8.0 at Laurel, shall open on signal if at least four hours notice is given.
(b)The draws of the Poplar Street Bridge, mile 8.2, and the U.S. 13A Bridge, mile 8.2, all at Laurel, shall open on signal if at least 48 hours notice is given. 3. Add new § 117.234 to read as follows: § 117.234 Cedar Creek. The SR 36 Bridge, mile 0.5 in Cedar Beach, shall open on signal. From April 1 through November 30 from 2 a.m. to 4 a.m.; and from December 1 through March 31 from 6:30 p.m. to 6 a.m., the draw shall open on signal if at least four hours notice is given. 4. Revise § 117.243 to read as follows: § 117.243 Nanticoke River.
(a)The draw of the Norfolk Southern Railway Bridge, mile 39.4 in Seaford, will operate as follows:
(1)From March 15 through November 15, the draw will open on signal for all vessels except that from 11 p.m. to 5 a.m. at least 2 1/2 hours notice will be required.
(2)At all times, from November 16 through March 14, the draw will open on signal if at least 2 1/2 hours notice is given.
(3)When notice is required, the owner operator of the vessel must provide the train dispatcher with an estimated time of passage by calling
(717)215-0379 or
(609)412-4338.
(b)The draw of the SR 13 Bridge, mile 39.6 in Seaford, shall open on signal, except from 6 p.m. to 8 a.m., from April 1 through October 31; from November 1 through March 31, Monday to Friday, and on Saturday and Sunday from 3:30 p.m. to 7:30 a.m., if at least four hours notice is given. Dated: August 25, 2006. L.L. Hereth, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6-14984 Filed 9-8-06; 8:45 am] BILLING CODE 4910-15-P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Chapter III [Docket No. RM 2005-1] Procedural Regulations for the Copyright Royalty Board AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final rule with request for comments. SUMMARY: The Copyright Royalty Judges, on behalf of the Copyright Royalty Board, are adopting amendments to the procedural regulations governing the practices and procedures of the Copyright Royalty Judges in royalty rate and distribution proceedings. DATES: These rules become effective on September 11, 2006. Written comments should be received no later than November 13, 2006. ADDRESSES: If hand delivered by a private party, an original and five copies of comments must be brought to the Copyright Office Public Information Office in the James Madison Memorial Building, Room LM-430, 101 Independence Avenue, SE., Monday through Friday, between 8:30 a.m. and 5 p.m., and the envelope must be addressed as follows: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier (excluding overnight delivery services such as Federal Express, United Parcel Service and similar overnight delivery services), an original and five copies of comments must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Monday through Friday, between 8:30 a.m. and 4 p.m., and the envelope must be addressed as follows: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 20559-6000. If sent by mail (including overnight delivery using United States Postal Service Express Mail), an original and five copies of comments must be addressed to: Copyright Royalty Board, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. Comments may not be delivered by means of overnight delivery services such as Federal Express, United Parcel Service, *etc.* , due to delays in processing receipt of such deliveries. FOR FURTHER INFORMATION CONTACT: Gina Giuffreda, Attorney-Advisor, or Abioye E. Oyewole, CRB Program Specialist. Telephone
(202)707-7658. Telefax
(202)252-3423. SUPPLEMENTARY INFORMATION: On November 30, 2004, the President signed into law the Copyright Royalty and Distribution Reform Act of 2004. Public Law 108-419, 118 Stat. 2341. The Act changed the body responsible for adjusting royalty rates and making royalty distributions under the various statutory licenses of the Copyright Act from the Copyright Arbitration Royalty Panels to the Copyright Royalty Judges. This change, along with others to the royalty rate and distribution process, required adoption of new procedural rules. This task was accomplished by the Interim Chief Copyright Royalty Judge who, pursuant to amended 17 U.S.C. 803(b)(6)(A) published procedural regulations on May 31, 2005. *See* 70 FR 30901 (May 31, 2005). As part of the May 31, 2005 publication of regulations, comments from interested parties were sought. Initial comments were received from representatives of the Phase I copyright owner claimant groups that participate in section 111 and section 119 royalty rate and distribution proceedings (collectively, “Copyright Owners”), the Local Radio Internet Coalition, the Intercollegiate Broadcasting System, the Digital Media Association (“DiMA”), and the Alliance of Artists and Recording Companies (“AARC”). Reply comments were received from SoundExchange, Inc., DiMA and the Local Radio Internet Coalition (jointly), Copyright Owners, and AARC. After considering these submissions, the Copyright Royalty Judges, on behalf of the Copyright Royalty Board, adopt amendments to the procedural rules governing royalty rate and distribution proceedings. Interested parties are encouraged to comment on these amendments by the submission deadline set forth above. List of Subjects 37 CFR Part 301 Copyright, Organization and functions (government agencies). 37 CFR Part 302 Copyright, Freedom of information, Reporting and recordkeeping requirements. 37 CFR Part 350 Administrative practice and procedure, Copyright, Lawyers. 37 CFR Part 351 Administrative practice and procedure, Copyright. 37 CFR Part 352 Administrative practice and procedure, Copyright. 37 CFR Part 353 Administrative practice and procedure, Copyright. 37 CFR Part 354 Administrative practice and procedure, Copyright. 37 CFR Part 360 Cable television, Claims, Copyright, Recordings, Satellites, Television. Final Regulations For the reasons set forth in the preamble, Chapter III of Title 37 of the Code of Federal Regulations is amended to read as follows: PART 301—ORGANIZATION 1. The authority citation for part 301 continues to read as follows: Authority: 17 U.S.C. 801. § 301.2 [Amended] 2. Section 301.2 is amended as follows: a. In paragraph (b), by removing “Room LM-401 of the” and adding “the Copyright Office Public Information Office, Room LM-401 in the” in its place and by removing “LM-401,” after “Building,”; and b. In paragraph (c), by removing “LM-403,”. § 301.3 [Removed] 3. Remove § 301.3. 4. Revise part 302 to read as follows: PART 302—PUBLIC ACCESS TO RECORDS Sec. 302.1 Public records and access. 302.2 Fees. Authority: 5 U.S.C. 522. § 302.1 Public records and access.
(a)*Inspection.* Records of proceedings before the Board will be available for public inspection at the Copyright Royalty Board offices.
(b)*Requests.* Requests for access to records must be directed to the Copyright Royalty Board. No requests for information or access to records shall be directed to or accepted by a Copyright Royalty Judge. Access to records is only available by appointment. § 302.2 Fees. For services rendered in connection with document location, reproduction, *etc.,* fees shall apply in accordance with § 201.3 of this title. Subchapter B—Copyright Royalty Judges Rules and Procedures 5. Revise heading of Subchapter B as set forth above. PART 350—GENERAL ADMINISTRATIVE PROVISIONS 6. The authority citation for part 350 continues to read as follows: Authority: 17 U.S.C. 803. § 350.1 [Amended] 7. Section 350.1 is amended by removing “Board” and adding “Judges” in its place. 8. Revise § 350.2 to read as follows: § 350.2 Representation. Individual parties in proceedings before the Judges may represent themselves or be represented by an attorney. All other parties must be represented by an attorney. Cf. Rule 49(c)(11) of the Rules of the District of Columbia Court of Appeals. The appearance of an attorney on behalf of any party constitutes a representation that the attorney is a member of the bar, in one or more states, in good standing. § 350.3 [Amended] 9. Section 350.3 is amended by removing “Board” and adding “Judges” in its place. 10. Section 350.4 is amended as follows: a. By revising paragraph (a); b. In paragraph (b), by removing “Board” and adding “the Copyright Royalty Judges” in its place; c. By revising paragraph (e)(1); d. In paragraph (e)(2), by removing “address and telephone number.” and adding “full name, mailing address, e-mail address (if any), telephone number, and facsimile number (if any).” in its place; e. By removing paragraph (e)(3); f. In paragraph (f), by removing “seven” and adding “five” in its place and by removing “five” and adding “four” in its place; and g. In paragraph (g), by removing “Board will compile” and adding “Judges will compile” in its place, by removing “by the Board,” and adding “by the Copyright Royalty Judges,” in its place, and by removing “notify the Board” and adding “notify the Copyright Royalty Judges” in its place. The revisions to § 350.4 read as follows: § 350.4 Filing and service.
(a)*Filing of pleadings.* For all filings, the submitting party shall deliver an original, five paper copies, and one electronic copy in Portable Document Format
(PDF)on compact disk (an optical data storage medium such as a CD-ROM, CD-R or CD-RW) or floppy diskette to the Copyright Royalty Board in accordance with the provisions set forth in § 301.2 of this chapter. In no case shall a party tender any document by facsimile transmission, except with the prior express authorization of the Copyright Royalty Judges.
(e)*Subscription* —(1) *Parties represented by counsel.* The original of all documents filed by any party represented by counsel shall be signed by at least one attorney of record and shall list the attorney's full name, mailing address, e-mail address (if any), telephone number, facsimile number (if any), and a state bar identification number. Submissions signed by an attorney for a party need not be verified or accompanied by an affidavit. The signature of an attorney constitutes certification that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(i)It is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(ii)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(iii)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(iv)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. 11. Section 350.5 is amended as follows: a. In paragraph
(a)introductory text, by removing “Board” and adding “Judges” in its place and by removing “Board's” and adding “Copyright Royalty Judges”' in its place; b. In paragraph (a)(3), by adding “Copyright Royalty” before “Board's”; c. In paragraph (a)(4), by adding “the date designated for the observance of” after “means”; d. By revising the introductory text of paragraph (b); e. By revising paragraph (b)(4); f. In paragraph (b)(5), by removing “sought.” and adding “sought; and” in its place; and g. By adding a new paragraph (b)(6). The additions and revisions to § 350.5 read as follows: § 350.5 Time.
(b)*Extensions.* A party seeking an extension must do so by written motion. Prior to filing such a motion, a party must attempt to obtain consent from the other parties to the proceeding. An extension motion must state:
(4)The reason or reasons why there is good cause for the delay;
(6)The attempts that have been made to obtain consent from the other parties to the proceeding and the position of the other parties on the motion. § 350.6 [Amended] 12. Section 350.6 is amended by removing “Board” and adding “Judges” in its place. PART 351—PROCEEDINGS 13. The authority citation for part 351 continues to read as follows: Authority: 17 U.S.C. 803, 805. § 351.1 [Amended] 14. Section 351.1 is amended as follows: a. In paragraph (a), by removing “Board” and adding “Judges” in its place; b. In paragraph (b)(1)(i)(A), by adding “and” after “(if any);”; c. In paragraph (b)(1)(i)(B), by removing “proceeding; and” and adding “proceeding.” in its place; d. By removing paragraph (b)(1)(i)(C); e. In paragraph (b)(1)(ii)(C), by adding “and” after “proceeding;” f. By removing paragraph (b)(1)(ii)(D); g. By redesignating paragraph (b)(1)(ii)(E) as paragraph (b)(1)(ii)(D); h. In paragraph (b)(2)(i)(B), by adding “and” after “both;”; i. In paragraph (b)(2)(i)(C), by removing “proceeding; and” and adding “proceeding.” in its place; j. By removing paragraph (b)(2)(i)(D); k. In paragraph (b)(2)(ii)(D), by adding “and” after “proceeding;”; l. By removing paragraph (b)(2)(ii)(E); m. By redesignating paragraph (b)(2)(ii)(F) as paragraph (b)(2)(ii)(E); n. In paragraph (b)(4), by removing “less than $10,000,” and adding “$10,000 or less,” in its place and by removing “Board” and adding “Copyright Royalty Judges” in its place; o. In paragraph (c), by removing “Board unless” and adding “Judges unless” in its place, by removing “Board has determined that” and adding “Copyright Royalty Judges determine”, and by removing “that the petition” and adding “the petition” in its place; and p. In paragraph (d), by removing “Board” and adding “Judges” in its place. § 351.2 [Amended] 15. Section 351.2 is amended as follows: a. In paragraph (a), by removing “Within thirty-five business days from the date a proceeding is initiated by notice in the **Federal Register** pursuant to § 351.1(a), the Copyright Royalty Board” and adding “After the date for filing petitions to participate in a proceeding, the Copyright Royalty Judges” in its place and by removing “Board” and adding “Copyright Royalty Judges” in its place; b. In paragraph (b)(1), by removing “To” and adding “Pursuant to 17 U.S.C. 801(b)(7)(A), to” in its place, by removing “or partial settlement”, and by removing “a full or partial” and adding “the” in its place; and c. In paragraph (b)(2), by removing “Board will” and adding “Judges, pursuant to 17 U.S.C. 801(b)(7)(A), will” in its place, by removing “The Board may” and adding “If an objection to the adoption of an agreement is filed, the Copyright Royalty Judges may”, and by removing “Board concludes” and adding “Copyright Royalty Judges conclude” in its place. 16. Section 351.3 is amended as follows: a. In paragraph (a), by removing “Board” each place it appears and adding “Judges” in its place and by removing “§§ 351.4” and adding “§§ 351.5” in its place; b. In paragraph (b)(1), by removing “Board” and adding “Judges” in its place; c. In paragraph (b)(2), by removing “Board determines” and adding “Judges determine” in its place and by removing “Board shall” and adding “Judges shall” in its place; and d. By revising paragraph (c). The revisions to § 351.3 read as follows: § 351.3 Controversy and further proceedings.
(c)*Paper proceedings* —(1) *Standard.* The procedure under this paragraph
(c)will be applied in cases in which there is no genuine issue of material fact, there is no need for evidentiary hearings, and all participants in the proceeding agree in writing to the procedure. In the absence of an agreement in writing among all participants, this procedure may be applied by the Copyright Royalty Judges either on the motion of a party or by the Copyright Royalty Judges *sua sponte* .
(2)*Procedure.* Paper proceedings will be decided on the basis of the filing of the written direct statement by the participant (or participant group filing a joint petition), the response by any opposing participant, and one optional reply by a participant who has filed a written direct statement. 17. Section 351.4 is amended as follows: a. In paragraph (a), by removing “Board” and adding “Judges” in its place; b. By revising the heading to paragraph (b); c. In paragraph (b)(2), by revising the paragraph heading, by removing “designated testimony” and adding “past records and/or testimony” in its place, and by removing “of that testimony”; and d. By removing paragraph (b)(4). The revisions to § 351.4 read as follows: § 351.4 Written direct statements.
(b)*Required content.*
(2)*Designated past records and testimony.* * * * 18. Section 351.5 is revised to read as follows: § 351.5 Discovery in royalty rate proceedings.
(a)*Schedule.* Following the submission to the Copyright Royalty Judges of written direct and rebuttal statements by the participants in a royalty rate proceeding, and after conferring with the participants, the Copyright Royalty Judges will issue a discovery schedule.
(b)*Document production, depositions and interrogatories* —
(1)*Document production.* A participant in a royalty rate proceeding may request of an opposing participant nonprivileged documents that are directly related to the written direct statement or written rebuttal statement of that participant. Broad, nonspecific discovery requests are not acceptable. All documents offered in response to a discovery request must be furnished in as organized and useable form as possible. Any objection to a request for production shall be resolved by a motion or request to compel production. The motion must include a statement that the parties had conferred and were unable to resolve the matter.
(2)*Depositions and interrogatories.* In a proceeding to determine royalty rates, the participants entitled to receive royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories. Similarly, the participants obligated to pay royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories. Parties may obtain such discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party. Relevant information need not be admissible at hearing if the discovery by means of depositions and interrogatories appears reasonably calculated to lead to the discovery of admissible evidence.
(c)*Motions to request other relevant information and materials.*
(1)In any royalty rate proceeding scheduled to commence prior to January 1, 2011, a participant may, by means of written or oral motion on the record, request of an opposing participant or witness other relevant information and materials. The Copyright Royalty Judges will allow such request only if they determine that, absent the discovery sought, their ability to achieve a just resolution of the proceeding would be substantially impaired.
(2)In determining whether such discovery motions will be granted, the Copyright Royalty Judges may consider—
(i)Whether the burden or expense of producing the requested information or materials outweighs the likely benefit, taking into account the needs and resources of the participants, the importance of the issues at stake, and the probative value of the requested information or materials in resolving such issues;
(ii)Whether the requested information or materials would be unreasonably cumulative or duplicative, or are obtainable from another source that is more convenient, less burdensome, or less expensive; and
(iii)Whether the participant seeking the discovery had an ample opportunity by discovery in the proceeding or by other means to obtain the information sought. 19. Section 351.6 is revised to read as follows: § 351.6 Discovery in distribution proceedings. In distribution proceedings, the Copyright Royalty Judges shall designate a 45-day period beginning with the filing of written direct statements within which parties may request of an opposing party nonprivileged underlying documents related to the written exhibits and testimony. However, all parties shall be given a reasonable opportunity to conduct discovery on amended statements. § 351.7 [Amended] 20. Section 351.7 is amended by removing “21-days” and adding “21 days” in its place, by removing “Board” each place it appears and adding “Judges” in its place, and by adding “written” before “Joint”. § 351.8 [Amended] 21. Section 351.8 is amended by removing “Board” each place it appears and adding “Copyright Royalty Judges” in its place and by removing “hearing.” and adding “hearing and to provide for the submission of pre-hearing written legal arguments.” in its place. 22. Section 351.9 is amended as follows: a. By revising paragraph (a); b. By revising the introductory text of paragraph (b); c. By removing paragraph (b)(1); d. By redesignating paragraphs (b)(2) and (b)(3) as paragraphs (b)(1) and (b)(2), respectively; e. In newly redesignated paragraph (b)(2), by removing “Board's” and adding “Copyright Royalty Judges' ” in its place and by removing “whether there are an even number of Judges sitting at the hearing,”; f. By removing paragraphs (b)(4) and (b)(5); and g. By adding new paragraphs
(d)through (f). The additions and revisions to § 351.9 read as follows: § 351.9 Conduct of hearings.
(a)*By panels* . Subject to paragraph
(b)of this section, hearings will be conducted by Copyright Royalty Judges sitting *en banc.*
(b)*Role of Chief Judge* . The Chief Copyright Royalty Judge, or an individual Copyright Royalty Judge designated by the Chief Judge, may preside over such collateral and administrative proceedings, and over such proceedings under section 803(b)(1) through
(5)of the Copyright Act, as the Chief Judge considers appropriate. The Chief Judge, or an individual Copyright Royalty Judge designated by the Chief Judge, shall have the responsibility for:
(d)*Notice of witnesses and prior exchange of exhibits* . Each party must provide all other parties notice of the witnesses who are to be called to testify at least one week in advance of such testimony, unless modified by applicable trial order. Parties must exchange exhibits at least one day in advance of being offered into evidence at a hearing, unless modified by applicable trial order.
(e)*Subpoenas* . The parties may move the Copyright Royalty Judges to issue a subpoena. The object of the subpoena shall be served with the motion and may appear in response to the motion.
(f)*Witnesses sequestered* . Subject to applicable trial order, witnesses, other than party representatives, may not be permitted to listen to any testimony and may not be allowed to review a transcript of any prior testimony. 23. Section 351.10 is amended as follows: a. By revising paragraph (a); b. In paragraph (b), by removing “written direct statement” and adding “written statements” in its place and by removing “Board” and adding “Copyright Royalty Judges” in its place; c. By revising paragraph (c)(1); d. In paragraph (c)(2), by removing “a document” and adding “an exhibit” in its place; e. By revising paragraph (c)(3); f. By revising paragraph (d); g. By revising the introductory text to paragraph (e); h. By removing paragraph (e)(1); and i. By revising paragraphs
(f)and (g). The revisions to § 351.10 read as follows: § 351.10 Evidence.
(a)*Admissibility* . All evidence that is relevant and not unduly repetitious or privileged, shall be admissible. Hearsay may be admitted to the extent deemed appropriate by the Copyright Royalty Judges. Written testimony and exhibits must be authenticated or identified in order to be admissible as evidence. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to materials that can be self-authenticated under Rule 902 of the Federal Rules of Evidence such as certain public records. No evidence, including exhibits, may be submitted without a sponsoring witness, except for good cause shown.
(c)*Exhibits* —(1) *Submission* . Writings, recordings and photographs shall be presented as exhibits and marked by the presenting party. “Writings” and “recordings” consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. “Photographs” include still photographs, video tapes, and motion pictures.
(3)*Summary exhibits* . The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in the hearing may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The Copyright Royalty Judges may order that they be produced in the hearing.
(d)*Copies* . Anyone presenting exhibits as evidence must present copies to all other participants in the proceedings, or their attorneys, and afford them an opportunity to examine the exhibits in their entirety and offer into evidence any other portion that may be considered material and relevant.
(e)*Introduction of studies and analyses* . If studies or analyses are offered in evidence, they shall state clearly the study plan, the principles and methods underlying the study, all relevant assumptions, all variables considered in the analysis, the techniques of data collection, the techniques of estimation and testing, and the results of the study's actual estimates and tests presented in a format commonly accepted within the relevant field of expertise implicated by the study. The facts and judgments upon which conclusions are based shall be stated clearly, together with any alternative courses of action considered. Summarized descriptions of input data, tabulations of input data and the input data themselves shall be retained.
(f)*Objections* . Parties are entitled to raise objections to evidence on any proper ground during the course of the hearing and to raise an objection that an opposing party has not furnished unprivileged underlying documents.
(g)*New exhibits for use in cross-examination* . Exhibits that have not been identified and exchanged in advance may be shown to a witness on cross-examination. However, copies of such exhibits must be distributed to the Copyright Royalty Judges and to the other participants before being shown to the witness at the time of cross-examination, unless the Copyright Royalty Judges direct otherwise. Such exhibits can be used solely to impeach the witness's direct testimony. § 351.11 [Amended] 24. Section 351.11 is amended by removing “Board upon” and adding “Judges upon” in its place and by removing “by the Board.” and adding “by the Copyright Royalty Judges.” in its place. § 351.12 [Removed] 25. Remove § 351.12. § 351.13 through § 351.15 [Redesignated as § 351.12 through § 351.14] 26. Redesignate § 351.13 through § 351.15 as § 351.12 through § 351.14, respectively, and revise the newly redesignated § 351.12 through § 351.14 to read as follows: § 351.12 Closing the record. To close the record of a proceeding, the presiding Judge shall make an announcement that the taking of evidence has concluded. § 351.13 Transcript and record.
(a)An official reporter for the recording and transcribing of hearings shall be designated by the Copyright Royalty Judges. Anyone wishing to inspect the transcript of a hearing may do so at the offices of the Copyright Royalty Board.
(b)The transcript of testimony and written statements, except those portions to which an objection has been sustained, and all exhibits, documents and other items admitted in the course of a proceeding shall constitute the official written record. The written record, along with the Copyright Royalty Judges' final determination, shall be available at the Copyright Royalty Board's offices for public inspection and copying. § 351.14 Proposed findings of fact and conclusions of law.
(a)Any party to the proceeding may file proposed findings of fact and conclusions, briefs or memoranda of law, or may be directed by the Copyright Royalty Judges to do so. Such filings, and any replies to them, shall take place after the record has been closed.
(b)Failure to file when directed to do so shall be considered a waiver of the right to participate further in the proceeding unless good cause for the failure is shown. A party waives any objection to a provision in the determination unless the provision conflicts with a proposed finding of fact or conclusion of law filed by the party.
(c)Proposed findings of fact shall be numbered by paragraph and include all basic evidentiary facts developed on the record used to support proposed conclusions, and shall contain appropriate citations to the record for each evidentiary fact. Proposed conclusions shall be stated and numbered by paragraph separately. Failure to comply with this paragraph
(c)may result in the offending paragraph being stricken. PART 352—DETERMINATIONS 27. The authority citation for part 352 continues to read as follows: Authority: 17 U.S.C. 803. § 352.1 [Amended] 28. Section 352.1 is amended by removing “of the Board” after “determinations” and by removing “by the Board” after “determination”. § 352.2 [Amended] 29. Section 352.2 is amended by removing “Board” and adding “Judges” in its place, by removing “its” and adding “their” in its place, and by adding “The date the determination is “issued” refers to the date of the order.” after “first occurs.” 30. Section 352.3 is revised to read as follows: § 352.3 Final determinations. Unless a motion for a rehearing is timely filed within 15 days, the determination by the Copyright Royalty Judges pursuant to 17 U.S.C. 803(c) in a proceeding is final when it is issued. PART 353—REHEARING 31. The authority citation for part 353 continues to read as follows: Authority: 17 U.S.C. 803. 32. Section 353.1 is revised to read as follows: § 353.1 When granted. A motion for rehearing may be filed by any participant in the relevant proceeding. The Copyright Royalty Judges may grant rehearing upon a showing that any aspect of the determination may be erroneous. § 353.3 [Amended] 33. Section 353.3 is amended by removing “Board” each place it appears and adding “Judges” in its place and by removing “order either denying the motion or ordering further proceedings” and adding “appropriate order” in its place. 34. Section 353.4 is revised to read as follows: § 353.4 Filing deadline. A motion for rehearing must be filed within 15 days after the date on which the Copyright Royalty Judges issue an initial determination. § 353.5 [Amended] 35. Section 353.5 is amended by removing “Board” and adding “Judges” in its place and by removing “However, participants should be aware that nonparticipation” and adding “Nonparticipation” in its place. PART 354—SUBMISSIONS TO THE REGISTER OF COPYRIGHTS 36. The authority citation for part 354 continues to read as follows: Authority: 17 U.S.C. 802 37. Section 354.1 is revised to read as follows: § 354.1 Material questions of copyright law.
(a)*Discretionary referrals* . The Copyright Royalty Judges may seek guidance from the Register of Copyrights with respect to a material question of substantive law, concerning an interpretation or construction of those provisions of the Copyright Act, that arises in the course of their proceedings.
(b)*How presented* . A question of substantive law may be referred to the Register of Copyrights at the request of one or more of the Copyright Royalty Judges. A question of substantive law may also be referred to the Register of Copyrights as a request submitted by motion of a participant, provided that one or more of the Copyright Royalty Judges agrees with the participant's request.
(1)*Referral by Judges* . One or more of the Copyright Royalty Judges may refer what he or she believes to be a material question of substantive law to the Register of Copyrights at any time during a proceeding by issuing a written referral that is made part of the record of that proceeding. The referral will state the issue(s) to be referred and the schedule for the filing of briefs by the parties of the issue(s). After the briefs and other relevant materials are received, they will be transmitted to the Register of Copyrights.
(2)*Motion by participant.* Any participant may submit a motion to the Copyright Royalty Judges (but not to the Register of Copyrights) requesting their referral to the Register of Copyrights a question that the participant believes would be suitable for referral under paragraph
(a)of this section.
(i)*Content.* The motion should be captioned “Motion of [Participant(s)] Requesting Referral of Material Question of Substantive Law.” The motion should set forth, at the outset, the precise legal question for which the moving party is seeking interlocutory referral to the Register of Copyrights. The motion should then proceed to explain, with brevity, why the issue meets the criteria for potential referral under paragraph
(a)of this section and why the interests of fair and efficient adjudication would be best served by obtaining interlocutory guidance from the Register of Copyrights. The motion should not include argument on the merits of the issue, but may include a suggested schedule of briefing that would make reasonable provision for comments and legal arguments, in such a way as to avoid delay and duplication.
(ii)*Time of motion.* A motion for referral of a material question of substantive law to the Register of Copyrights should be filed as soon as possible in the relevant proceeding, but no later than any deadline set by the Copyright Royalty Judges.
(iii)*Action on motion* —(A) *Referral granted.* Upon consideration of a Motion Requesting Referral of Material Question of Substantive Law, if one or more of the Copyright Royalty Judges agrees with the request, the Chief Judge shall issue an appropriate referral. The referral will state the issue(s) to be referred and the schedule for the filing of briefs by the parties of the issue(s). After the briefs and other relevant materials are received, they will be transmitted to the Register of Copyrights.
(B)*Referral denied.* If none of the Copyright Royalty Judges agrees with the request, the Board will issue an order denying the request which will provide the basis for the decision. A copy of any order denying a Motion Requesting Referral of Material Question of Substantive Law will be transmitted to the Register of Copyrights.
(c)*No effect on proceedings.* The issuance of a request to the Register of Copyrights for an interpretive ruling under this part does not delay or otherwise affect the schedule of the participants' obligations in the relevant ongoing proceeding, unless that schedule or those obligations are expressly changed by order of the Copyright Royalty Judges.
(d)*Binding effect; time limit.* The Copyright Royalty Judges will not issue a final determination in a proceeding where the discretionary referral of a question to the Register of Copyrights under this part is pending, unless the Register has not delivered the decision to the Copyright Royalty Judges within 14 days after the Register receives all of the briefs of the participants. If the decision of the Register of Copyrights is timely delivered to the Copyright Royalty Judges, the decision will be included in the record of the proceeding. The legal interpretation embodied in the timely delivered response of the Register of Copyrights in resolving material questions of substantive law is binding upon the Copyright Royalty Judges and will be applied by them in their final determination in the relevant proceeding. § 354.2 [Amended] 38. Section 354.2 is amended as follows: a. In paragraph (a), by removing “Board” each place it appears and adding “Judges” in its place; and b. In paragraph (b), by removing “Board” each place it appears and adding “Judges” in its place and by adding “The legal interpretation embodied in the timely delivered response of the Register of Copyrights in resolving material questions of substantive law is binding upon the Copyright Royalty Judges and will be applied by them in their final determination in the relevant proceeding.” after “expired.”. § 354.3 [Amended] 39. Section 354.3 is amended by removing “Board” each place it appears and adding “Judges” in its place. § 354.4 through 354.5 [Removed] 40. Remove § 354.4 through § 354.5. Subchapter C—Submission of Royalty Claims 41. Add a new Subchapter C as set forth above and redesignate Part 360 from Subchapter B to Subchapter C. PART 360—FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER COMPULSORY LICENSE 42. The authority citation for part 360 continues to read in part as follows: Authority: 17 U.S.C. 801, 803, 805. § 360.4 [Amended] 43. Section 360.4 is amended as follows: a. In paragraph (a)(2), by adding “Copyright Office” before “Public Information Office” each place it appears, by removing “located at the U.S. Copyright Office,” and adding “in the” in its place, and by removing “LM-401,” after “Building,”; and b. In paragraph (a)(3), by removing “LM-403,”. § 360.13 [Amended] 44. Section 360.13 is amended as follows: a. In paragraph (a)(2), by adding “Copyright Office” before “Public Information Office” each place it appears, by removing “located at the U.S. Copyright Office,” and adding “in the” in its place, and by removing “LM-401,” after “Building,”; and b. In paragraph (a)(3), by removing “LM-403,”. § 360.24 [Amended] 45. Section 360.24 is amended as follows: a. In paragraph (a)(2), by adding “Copyright Office” before “Public Information Office” each place it appears, by removing “located at the U.S. Copyright Office,” and adding “in the” in its place, and by removing “LM-401,” after “Building,”; and b. In paragraph (a)(3), by removing “LM-403,”. Dated: August 29, 2006. James Scott Sledge, Chief Copyright Royalty Judge, Copyright Royalty Board. Approved by: James H. Billington, The Librarian of Congress. [FR Doc. E6-14893 Filed 9-8-06; 8:45 am] BILLING CODE 1410-72-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 355 [EPA-HQ-SFUND-2005-0520; FRL-8217-4] RIN 2050-AG32 Reportable Quantity Adjustment for Isophorone Diisocyanate AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: The Environmental Protection Agency
(EPA)is taking direct final action to adjust the reportable quantity
(RQ)for Isophorone Diisocyanate (IPDI). Reportable quantities for many Extremely Hazardous Substances
(EHS)under the Emergency Planning and Community Right-to-Know Act (EPCRA) were adjusted to their threshold planning quantities
(TPQ)in a final rule on May 7, 1996. On September 8, 2003, EPA modified the TPQ for IPDI to 500 pounds. However, EPA inadvertently omitted an RQ adjustment for this substance. Therefore, EPA is now adjusting the RQ for IPDI to be 500 pounds. DATES: This final rule is effective on November 13, 2006, unless EPA receives adverse comments by October 11, 2006. If adverse comment is received, EPA will publish a timely withdrawal of this direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-SFUND-2005-0520. All documents in the docket are listed on the *www.regulations.gov* website. 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 electronically through *www.regulations.gov* or in hard copy at the Superfund 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 Superfund Docket is
(202)566-0276. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA's **Federal Register** notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at *http://www.epa.gov/epahome/dockets.htm* for current information on docket operations, locations and telephone numbers. The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to *www.regulations.gov* are not affected by the flooding and will remain the same. FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW.; telephone number:
(202)564-8019; fax number:
(202)564-2620; e-mail address: *jacob.sicy@epa.gov.* SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior proposal because we view the RQ adjustment for IPDI as non-controversial. We anticipate no adverse comments since this adjustment is consistent with the approach we used in the May 7, 1996 final rule for setting RQs for other EHSs. We believe conforming the RQ to the TPQ will have no impact on human health and the environment since the TPQ methodology as explained in both the interim final rule (November 17, 1986, 51 FR 41570) and the final rule (April 22, 1987, 52 FR 13378) is based on the possibility of harm from release. This direct final rule will be effective on November 13, 2006 without further notice, unless we receive adverse comment by October 11, 2006. In the “Proposed Rules” section of today's **Federal Register** publication, we are publishing a separate document that will serve as the proposal to adjust the RQ for IPDI, if adverse comments are filed. If EPA receives adverse comment on this chemical-specific RQ adjustment, we will publish a timely withdrawal in the **federal Register** and will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting on this action must do so at this time. I. What Is the Authority for This Action? Section 328 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 authorizes the Administrator to issue regulations to carry out the statute, including EPCRA section 304. II. What Is the General Background for This Action? The Emergency Planning and Community Right-to-Know Act (EPCRA) was established to encourage state and local planning and preparedness for spills or releases of Extremely Hazardous Substances
(EHSs)and to provide the public and local governments with information concerning chemical releases and the potential chemical risks in their communities. EPCRA contains provisions requiring facilities to report the presence, use and releases of EHSs (described in sections 302 and 304) and hazardous and toxic chemicals (described in sections 311, 312, and 313 respectively). The implementing regulations for these statutory requirements are codified in 40 CFR parts 355, 370 and 372. Section 302 of EPCRA directs EPA to publish the list of EHSs and their threshold planning quantities (TPQs). EPA published a final rule with the list of EHSs and their TPQs on April 22, 1987 (52 FR 13378). The list of EHS is defined in section 302(a)(2) as the “list of substances published in November, 1985 by the Administrator in Appendix A of the Chemical Emergency Preparedness Program Interim Guidance.” This list was established by EPA to identity chemical substances which could cause serious irreversible health effects from accidental releases (52 FR 13378). Under section 302, a facility which has present an EHS in excess of its TPQ must notify its state emergency response commission
(SERC)and work with the local emergency planning committee
(LEPC)on emergency planning activities. Section 304 of EPCRA requires immediate reporting of certain releases of EHSs and hazardous substances listed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to SERCs and LEPCs, similar to the release reporting provisions of CERCLA section 103. A facility is required to notify the SERC and the LEPC if the release of an EHS or hazardous substance occurs at or above the reportable quantity (RQ). In the 1987 **Federal Register** notice, EPA also published the RQs for EHSs. Many of the EHSs are also listed as CERCLA hazardous substances and their RQs are established under CERCLA. CERCLA section 103 requires facilities to notify the national response center of any release of a hazardous substance in an amount equal to or in excess of its RQ. EPCRA section 304 notification is in addition to the CERCLA section 103 notification. Although similar, the purpose of both reporting requirements is somewhat different. Information derived from CERCLA section 103 can be used for Federal planning and coordination of response entities and for federal contingency plans. EPCRA reporting generally is designed to enhance local and state emergency response capability to protect the public in the event of dangerous chemical releases. The potential hazards posed by EHSs make state and local notification critical to effective and timely emergency response in the community. EPCRA section 304(a) provides that chemicals on the EHS list which do not have an RQ assigned to them by regulation will have a reportable quantity of l pound. Certain EHSs ( *i.e.* , those that are not also CERCLA hazardous substances with RQs assigned under CERCLA) were assigned the statutory RQ of one pound in the April, 1987 final rule. On August 30, 1989 (54 FR 35988), EPA proposed to revise the RQs for these EHSs. In a final rule published on May 7, 1996, (61 FR 20473), EPA raised the statutory reportable quantities for these EHSs, assigning the RQ for each hazardous substance to be the same as their TPQs. In the May, 1996 final rule, EPA used the TPQ methodology to adjust the RQs (see 61 FR 20473). As explained in that rulemaking, the Agency believes EHS RQs should be based on a hazardous substance's potential for immediate effects; this approach reflects the fact that EPCRA reporting of EHS releases is required because EHSs are acutely toxic and can potentially pose an immediate hazard upon release. The TPQ methodology, designed specifically for EHSs, is based on such effects, utilizing a “level of concern” based upon short-term exposure concentrations that could lead to serious irreversible health effects. Where the TPQ for an EHS (that is not a CERCLA hazardous substance) represents a quantity that could cause serious health consequences if an accident were to occur with that quantity, the Agency believes it is appropriate to set the RQs for that EHS using a consistent risk-based approach. In this manner, the Agency can harmonize EHS reporting requirements for purposes of EPCRA section 302 (using TPQs) and EPCRA section 304 (using RQs). III. What Is the Revision in This Action? On September 8, 2003 (68 FR 52978), EPA modified the TPQ for Isophorone Diisocyanate
(IPDI)(CAS No. 4098-71-9) to 500 pounds. IPDI was one of the EHSs RQ that was adjusted using the TPQ methodology. When the TPQ for IPDI was modified in September 2003, EPA inadvertently did not make a corresponding RQ adjustment for IPDI. Currently, the RQ for this chemical is set at 100 pounds. The RQ should have been changed to be consistent with the adjusted TPQ, which is 500 pounds. Therefore, consistent with the approach described in the May, 1996 final rule, EPA is amending the rules to ensure the RQ for this chemical is the same as its TPQ. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a “significant regulatory action” under the terms of Executive Order
(EO)12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the EO. B. Paperwork Reduction Act This action does not impose any new information collection burden. Rather, it reduces burden on those facilities that may have an accidental release of this chemical below 500 pounds. OMB has previously approved the information collection requirements contained in the existing regulations, 40 CFR part 355, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2050-0092, EPA ICR No. 1395.06. A copy of the OMB approved Information Collection Request
(ICR)may be obtained from Susan Auby, Collection Strategies Division; U. S. Environmental Protection Agency (2822T); 1200 Pennsylvania Avenue., NW., Washington, DC 20460 or by calling
(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, a small entity is defined by the Small Business Administration by category of business using North American Industrial Classification System (NAICS) and codified at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's direct final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant *adverse* economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the rule on small entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This action does not have any significant economic impact on small entities. This action is intended to reduce burden on facilities that may have an accidental release of Isophorone Diisocyanate below 500 pounds. We have therefore concluded that today's direct final rule will relieve regulatory burden for all affected small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this action contains no regulatory requirements that might significantly or uniquely affect small governments. As explained above, this action would reduce burden on those facilities that may have accidental releases of Isophorone Diisocyanate in small quantities. Therefore, we have determined that today's rule is not subject to the requirements of sections 202, 203 or 205 of UMRA. E. Executive Order 13132: Federalism Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This action does not have federalism implications. It would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This action would not preempt State law or regulations. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249), November 9, 2000, requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This action does not have tribal implications, as specified in Executive Order 13175. This action is intended to reduce burden on regulated entities that may have releases of this chemical in small quantities. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), applies to any rule that:
(1)Is determined to be “economically significant” as defined under Executive Order 12866; and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use This action is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards such as materials specifications, test methods, sampling procedures, and business practices that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, NTTAA does not apply. J. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 355 Environmental Protection, Chemicals, Hazardous Substances, Extremely Hazardous Substances, Reportable Quantities. Dated: August 31, 2006. Stephen L. Johnson, Administrator. For the reasons set out in the preamble, part 355 of title 40 of the Code of Federal Regulations is amended as follows: PART 355—EMERGENCY PLANNING AND NOTIFICATION 1. The authority citation for part 355 continues to read as follows: Authority: 42 U.S.C. 11002, 11004, and 11048. Appendix A—[Amended] 2. In Appendix A, the table is amended by revising the entry for CAS No.“4098-71-9” (chemical name—Isophorone Diisocyanate) to read as follows: Appendix A to Part 355—The List of Extremely Hazardous Substances and Their Threshold Planning Quantities [Alphabetical Order] CAS No. Chemical name Notes Reportable quantity (pounds) Threshold planning quantity (pounds) * * * * * * * 4098-71-9 Isophorone Diisocyanate 500 500 * * * * * * * 3. In Appendix B, the table is amended by revising the entry for CAS No. “4098-71-9” (chemical name—Isophorone Diisocyanate) to read as follows: Appendix B to Part 355—The List of Extremely Hazardous Substances and Their Threshold Planning Quantities [CAS No. Order] CAS No. Chemical name Notes Reportable quantity (pounds) Threshold planning quantity (pounds) * * * * * * * 4098-71-9 Isophorone Diisocyanate 500 500 * * * * * * * [FR Doc. E6-14849 Filed 9-8-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 710 [EPA-HQ-OPPT-2006-0691; FRL-8088-5] 2006 Reporting Notice; Partial Update of Inventory Database; Chemical Substance Production, Processing, and Use Site Reports AGENCY: Environmental Protection Agency (EPA). ACTION: Announcement of 2006 reporting period. SUMMARY: This document announces the 2006 reporting period for Inventory Update Reporting
(IUR)under the Toxic Substances Control Act (TSCA). The IUR rule requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substances Inventory to report current data on the manufacturing, processing, and use of the substances. The 2006 reporting period is from August 25, 2006 to December 23, 2006. This is the first reporting period since the original inventory in which manufacturers and importers of inorganic chemical substances as well as manufacturers and importers of organic chemical substances are required to report. Also, the 2006 reporting period is the first to require reporting of processing and use information for certain chemical substances manufactured in volumes of 300,000 pounds or more at a site in addition to manufacturing information. While information can continue to be submitted through the mail or other delivery service, the Agency strongly encourages reporting through the Internet using EPA's Central Data Exchange (CDX). DATES: The 2006 reporting period is from August 25, 2006 to December 23, 2006. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; email address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Susan Sharkey, Project Manager, Economics, Exposure and Technology Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-8789; e-mail address: *sharkey.susan@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be affected by this action if you manufacture (defined by statute at 15 U.S.C. 2602(7) to include import) chemical substances, including inorganic chemical substances, subject to reporting under the Inventory Update Reporting
(IUR)regulations at 40 CFR part 710, subpart C. Any use of the term “manufacture” in this document will encompass import, unless otherwise stated. Potentially affected entities may include, but are not limited to: • Chemical manufacturers and importers, including chemical manufacturers and importers of inorganic chemical substances (NAICS codes 325, 32411). 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. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions at 40 CFR 710.48. If you have any questions regarding the applicability of this action to a particular entity, consult the technical contact person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Documents? You may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr* . Copies of TSCA Regulations or additional assistance on the IUR reporting requirements can be obtained by writing TSCA Hotline, U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics (7408M), 1200 Pennsylvania Ave., NW., Washington, DC 20460; calling
(202)554-1404; or sending an e-mail to *TSCA-Hotline@epamail.epa.gov* . II. Background A. What Action is the Agency Taking? The Agency is announcing the 2006 reporting period for Inventory Update Reporting
(IUR)under TSCA. IUR requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substances Inventory to report current data on the manufacturing, processing, and use of the substances. The 2006 reporting period is from August 25, 2006 to December 23, 2006. The 2006 reporting period is the first time that reporting has been required since the promulgation of amendments on January 7, 2003 (68 FR 848). The 2003 Amendments and further subsequent revisions thereto have substantially altered the reporting requirements. For 2006, manufacturers of both organic and inorganic chemical substances listed on the TSCA Inventory are required to report company, site, and manufacturing information. IUR submitters may be required to report processing and use information for chemical substances manufactured (including imported) in amounts of 300,000 pounds or more during calendar year 2005. B. What is the Agency's Authority for Taking this Action? EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to compile and keep current an inventory of chemical substances manufactured or processed in the United States. This inventory is known as the TSCA Chemical Substances Inventory (the TSCA Inventory). In 1977, EPA promulgated a rule (42 FR 64572, December 23, 1977) under TSCA section 8(a), 15 U.S.C. 2607(a), to compile an inventory of chemical substances in commerce at that time. In 1986, EPA promulgated the initial IUR rule under TSCA section 8(a), codified at 40 CFR part 710 (51 FR 21438, June 12, 1986), to facilitate the periodic updating of the TSCA Inventory and to support activities associated with the implementation of TSCA. In 2003, EPA promulgated extensive amendments to the IUR rule (68 FR 848, January 7, 2003) (FRL-6767-4) (2003 Amendments) to collect additional information regarding the manufacture of chemical substances and also, for chemicals produced in amounts of 300,000 pounds or more at a site, information regarding the processing and use of chemical substances. Minor corrections to the IUR rule were made in July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3), and additional revisions to the IUR rule were made on December 19, 2005 (70 FR 75059) (FRL-7743-9). After the initial reporting during 1986, recurring reporting was required every 4 years. Subsequent reporting cycles took place in 1990, 1994, 1998, and 2002. The next reporting period is from August 25, 2006 to December 23, 2006. Persons subject to the IUR must submit the required information during this period. TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate rules under which manufacturers and processors of chemical substances and mixtures (referred to hereinafter as chemical substances) must maintain such records and submit such information as the Administrator may reasonably require. TSCA section 8(a) generally excludes small manufacturers and processors of chemical substances from the reporting requirements established in TSCA section 8(a). However, EPA is authorized by TSCA section 8(a)(3) to require TSCA section 8(a) reporting from small manufacturers and processors with respect to any chemical substance that is the subject of a rule proposed or promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject of an order under TSCA section 5(e), or that is the subject of relief that has been granted pursuant to a civil action under TSCA section 5 or 7. The standard for determining whether an entity qualifies as a small manufacturer for purposes of 40 CFR part 710 generally is identified in 40 CFR 704.3. Processors are not currently subject to the regulations at 40 CFR part 710. C. How Do I Know What Information is Currently in the TSCA Chemical Substances Inventory? The Agency publishes, via the National Technical Information Service (NTIS), an updated public TSCA Inventory twice a year, normally around January/February and July/August each year. Specifically, each of the chemical substances included in these products is identified by a Chemical Abstracts Service
(CAS)Index or Preferred Name, the corresponding CAS registry number, molecular formula, and if applicable, the chemical definition and appropriate EPA special flags as found in the printed Inventory. The substances are sequenced in ascending order of the corresponding CAS registry numbers. The products do not include chemical synonyms that are copyrighted by the CAS. Furthermore, generic names or EPA accession numbers for substances with confidential chemical identities are not included on the public TSCA Inventory. For confidential substances, the Agency also publishes data linking the PMN case number to the corresponding accession number. The publication of the accession number will facilitate IUR reporting. These data are also available at the NTIS. These products are available for sale from: National Technical Information Service (NTIS), U.S. Department of Commerce, Springfield, VA 22161; telephone:
(703)605-6000, toll free: 1-800-553-NTIS; Internet address: *www.ntis.gov/fcpc* . The NTIS order number for the TSCA Inventory database CD ROM is SUB5423; for the accession number database CD ROM is PB2006500013; and for TSCA Tracker is SUB5435 or SUB5468. D. How Do I Know If I Have to Report? You have to report if you manufacture or import IUR reportable chemical substances included on the TSCA Chemical Substances Inventory in an amount of 25,000 pounds or more at a single site during the 2005 calendar year. EPA has developed an instructions manual (Instructions for Reporting for the 2006 Partial Updating of the TSCA Chemical Substances Inventory (Instructions for Reporting)) that provides guidance to assist manufacturers and importers in reporting under the 2006 IUR, including relevant citations to the CFR. For further and more specific information, please review the IUR reporting regulations beginning at 40 CFR 710.43. E. How Do I Get a 2006 Reporting Package? Materials and other information needed to report under the 2006 IUR are available from the Agency's Internet homepage, *http://www.epa.gov/oppt/iur* . The IUR website Documents, Tools, and Resources page contains information, software, and documents needed to report in 2006. The eIUR reporting software is a downloadable software program to enable you to electronically complete and submit the IUR reporting form (Form U). The Instructions for Reporting provides guidance for completing the 2006 Form U. In addition, the presentation used during a past EPA IUR training workshop is available on the website. In an effort to streamline the reporting process, reduce administrative costs, and accelerate processing, the Agency is relying more heavily on electronic methods of information dissemination and collection. In the past, EPA mailed a reporting package to persons who reported during the previous IUR reporting period. EPA is no longer mailing such a package, and is instead relying on the Internet for disseminating reporting information. If you do not have access to the Internet, traditional hard copies or CD ROMs containing the eIUR software or guidance documents will be made available through the TSCA Hotline listed under Unit I.B. F. How Do I Submit My Report? The regulation at 40 CFR 710.39 requires submitters to report using EPA's Form U. Submitters may report using the printed or the electronic 2006 Form U, although electronic reporting is preferred. Reporting options are further described on EPA's Internet website at *www.epa.gov/oppt/iur* under “Reporting Options and Deadline.” i. *Electronic reporting* . Instructions for electronic reporting are contained in the eIUR software and in the Instructions for Reporting. Electronic reporting consists of two steps. Electronic reporters are required to use the eIUR reporting software to develop a validated, correctly formatted, and encrypted data file. Once the software has completed the data file, the user will be provided with directions for submitting the data file. The data file can be delivered to EPA on a CD ROM or can be submitted through the Internet using the Agency's Central Data Exchange (CDX). Note that registration is required to submit through CDX. Please allow 2 weeks for the registration process. The eIUR software contains everything you need to report. Because electronic reporting reduces the chances of errors in reporting and reduces resources needed to report and process reports, EPA is encouraging submitters to use the reporting software and file through the Internet using CDX or on a CD ROM. ii. *Paper reporting* . Your completed Form U can be printed using the eIUR software. Form U is also available as a PDF on EPA's website or upon request from the TSCA Hotline at the address listed above. G. Where Do I Submit My 2006 Report? Instructions for submitting your report are included in the eIUR software and in the Instructions for Reporting. Reports can be submitted in two ways. i. *Using the Internet* . You can submit your completed Form U through the Internet using EPA's CDX. To register with CDX, go to the CDX homepage at *www.epa.gov/cdx* . Click on “Log-in to CDX” and then “Registration.” Allow 2 weeks for the registration process. Once registered, follow the directions in the eIUR software to submit your report. The eIUR software must be used to submit through the Internet. ii. *By mail or delivery service* . You can submit your completed Form U either on a CD ROM or on paper. Mail your submission to OPPT IUR Submission Coordinator, Mail code 7407M, ATTN: Inventory Update Reporting, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. If using a delivery service, please deliver your submission to OPPT IUR Submission Coordinator, Attn: Inventory Update Reporting, U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics, EPA East Bldg., Room 6428, 1201 Constitution Avenue, NW., Washington, DC. H. What Happens If I Fail to Report During the 2006 Reporting Period? If you fail to report as required, the Agency can take enforcement action against you. Section 16 of the Act provides that any person who violates a provision of TSCA shall be liable to the United States for a civil penalty not to exceed $25,000 for each such violation. I. Does this Action Involve Any New Information Collection Activities, Such as Reporting, Recordkeeping, or Notification? No. The information collection requirements contained in 40 CFR part 710, subpart C, have already been approved by the Office of Management and Budget
(OMB)pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 * et seq* ., under OMB control number 2070-0070 (EPA ICR No. 1884.03). The annual public burden for this collection of information is estimated at 560 hours per response for organic chemicals, and 265 hours per response for inorganic chemicals. Under the PRA, “burden” means the total time, effort or financial resources expended by persons to generate, maintain, retain, or disclose information to or for a Federal agency. For this collection, it includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete and review the collection of information. An agency may not conduct or sponsor and a person is not required to respond to, a collection of information unless it displays a currently valid OMB number. The OMB control number for this information collection appears above. In addition, the OMB control numbers for EPA's regulations, after initial display in the final rule, are listed in 40 CFR part 9 and appear on any form that is required to be used. Send any comments on the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Regulatory Information Division, Office of Policy, Economics and Innovation, U.S. Environmental Protection Agency, Mail Code 1806A, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Include the OMB control number in any correspondence. Send only comments on the accuracy of the burden estimates to this address. Do not send your 2006 IUR submission information to this address. Your 2006 IUR submission should be submitted in accordance with the reporting instructions. The instructions are included in the reporting software. List of Subjects in 40 CFR Part 710 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: August 28, 2006. Charles M. Auer, Director, Office of Pollution Prevention and Toxics. [FR Doc. E6-14993 Filed 9-8-06; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044-6044-01; I.D. 090606A] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2006 total allowable catch
(TAC)of pollock specified for Statistical Area 610 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 6, 2006, through 1200 hrs, A.l.t., October 1, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed the directed fishery for pollock in Statistical Area 610 of the GOA under § 679.20(d)(1)(iii) on September 3, 2006 (71 FR 52500, September 6, 2006). NMFS has determined that approximately 5,400 mt of pollock remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the C season allowance of the 2006 TAC of pollock in Statistical Area 610, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 610 of the GOA. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of pollock in Statistical Area 610 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 5, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.25 and § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: September 6, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-7568 Filed 9-6-06; 1:37 pm]
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32 references not yet in our index
  • 14 CFR 97
  • 1 CFR 51
  • 33 CFR 117
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • Pub. L. 102-587
  • 106 Stat. 5039
  • Pub. L. 108-419
  • 118 Stat. 2341
  • 37 CFR 301
  • 37 CFR 302
  • 37 CFR 350
  • 37 CFR 351
  • 37 CFR 352
  • 37 CFR 353
  • 37 CFR 354
  • 37 CFR 360
  • 5 USC 522
  • 40 CFR 355
  • 40 CFR 9
  • Pub. L. 104-4
  • Pub. L. 104-113
  • 40 CFR 710
  • 40 CFR 710.48
  • 40 CFR 704.3
  • 40 CFR 710.43
  • 40 CFR 710.39
  • 50 CFR 679
  • 50 CFR 600
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cites case law
Notices
Final rule
U.S.C.§ 552
Fed. Reg.Notices
U.S.C.§ 106
C.F.R.§ 117.233
C.F.R.§ 117.5
C.F.R.§ 117.243
U.S.C.§ 605
Fed. Reg.Proposed Rules
Fed. Reg.Notices
Cite14 CFR 97
Cite1 CFR 51
Cite33 CFR 117
Cites 59 · showing 12Cited by 0 across 0 sources
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