Notices. Notice of open meeting

9,400 words·~43 min read·/register/2006/10/03/06-8438·

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

BILLING CODE 3710-08-M DEPARTMENT OF DEFENSE Department of the Navy Meeting of the Ocean Research and Resources Advisory Panel AGENCY: Department of the Navy, DoD. ACTION: Notice of open meeting. SUMMARY: The Ocean Research and Resources Advisory Panel will meet to discuss National Ocean Research Leadership Council and Interagency Committee on Ocean Science and Resource Management Integration activities. All sessions of the meeting will remain open to the public. DATES: The meeting will be held on Monday, October 30, 2006, from 8:30 a.m. to 5:15 p.m. and Tuesday, October 31, 2006, from 8:30 a.m. to 5:45 p.m.

In order to maintain the meeting time schedule, members of the public will be limited in their time to speak to the Panel. Members of the public should submit their comments one week in advance of the meeting to the meeting point of contact. ADDRESSES: The meeting will be held at the Consortium for Oceanographic Research and Education, 1201 New York Ave, NW., Suite 420, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Dr. Melbourne G. Briscoe, Office of Naval Research, 875 North Randolph Street Suite 1425, Arlington, VA 22203-1995, telephone 703-696-4120.

SUPPLEMENTARY INFORMATION: This notice of open meeting is provided in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2). The meeting will include discussions on ocean research and applications, ocean observations, and other current issues in the ocean science and resource management communities. Dated: September 25, 2006. M.A. Harvison, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E6-16303 Filed 10-2-06; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF EDUCATION Submission for OMB Review;

Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before November 2, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to

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

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

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: September 27, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* Study of Teacher Preparation in Early Reading Instruction. *Frequency:* One-time. *Affected Public:* Businesses or other for-profit; individuals or household. *Reporting and Recordkeeping Hour Burden:* * Responses:* 2,500. * Burden Hours:* 2,500. *Abstract:* The Study of Teacher Preparation in Early Reading Instruction will assess the extent to which the content of school of education coursework related to elementary reading is focused on the essential components of reading as well as assess new teachers' preparation to teach the five essential components of reading as identified by the NRP report and specified in the Reading First program statute. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3192. When you access the information collection, click on “Download Attachments “ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-16282 Filed 10-2-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before December 4, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

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

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

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

(3)is the estimate of burden accurate;

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

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: September 27, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Revision. *Title:* Annual Performance Report for the Gaining Early Awareness for Undergraduate Programs (GEAR UP) Program. *Frequency:* Annually. *Affected Public:* Not-for-profit institutions; State, local, or tribal gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 328. *Burden Hours:* 11,480. *Abstract:* The purpose of this information collection is accountability for program implementation and student outcomes for the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP). The information collected enables the U.S. Department of Education to demonstrate its progress in meeting the GEAR UP performance objectives as reflected in the indicators. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3194. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-16283 Filed 10-2-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before November 2, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to

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

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

(GPRA)measurement and Individuals with Disabilities Education Act

(IDEA)reauthorization with data from parents, service providers, and teachers. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3159. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-16284 Filed 10-2-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY: Department of Energy (DOE). ACTION: Notice of Open Meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Thursday, October 19, 2006—5:30 p.m.-9 p.m. ADDRESSES: 111 Memorial Drive, Barkley Centre, Paducah, Kentucky 42001. FOR FURTHER INFORMATION CONTACT: Reinhard Knerr, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001,

(270)441-6825. SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management and related activities. Tentative Agenda 5:30 p.m. Informal Discussion 6 p.m. Call to Order Introductions Review of Agenda Approval of September Minutes 6:15 p.m. Deputy Designated Federal Officer's Comments 6:35 p.m. Federal Coordinator's Comments 6:40 p.m. Liaisons' Comments 6:50 p.m. Public Comments and Questions 7 p.m. Task Forces/Presentations • Presentation of a Redevelopment Blueprint, Cecil Field, Navy National Priorities List Site—David Williams • Water Disposition/Water Quality Task Force 8 p.m. Review of Action Items 8:05 p.m. Public Comments and Questions 8:15 p.m. Break 8:25 p.m. Administrative Issues • Preparation for November Presentation • Budget Review • Review of Work Plan • Review of Next Agenda 8:35 p.m. Subcommittee Report • Executive Committee—Retreat Preparation 8:50 p.m. Final Comments 9 p.m. Adjourn *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact David Dollins at the address listed below or by telephone at

(270)441-6819. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* The minutes of this meeting will be available for public review and copying at the U.S. Department of Energy's Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be available at the Department of Energy's Environmental Information Center and Reading Room at 115 Memorial Drive, Barkley Centre, Paducah, Kentucky between 8 a.m. and 5 p.m. on Monday through Friday or by writing to David Dollins, Department of Energy, Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001 or by calling him at

(270)441-6819. Issued at Washington, DC on September 28, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-16296 Filed 10-2-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Meeting, Notice of Vote, Explanation of Action Closing Meeting and List of Persons To Attend September 28, 2006. The following notice of meeting is published pursuant to Section 3(a) of the Government in the Sunshine Act (Pub. L. No. 94-409), 5 U.S.C. 552b: *Agency Holding Meeting:* Federal Energy Regulatory Commission. *Date and Time:* October 5, 2006, 9:30 a.m. *Place:* Room 2C, Commission Meeting Room, 888 First Street, NE., Washington, DC 20426. *Status:* Closed. *Matters To Be Considered:* Non-Public Investigations and Inquiries, Enforcement Related Matters. *Contact Person For More Information:* Magalie R. Salas, Secretary, Telephone

(202)502-8400. Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and Wellinghoff voted to hold a closed meeting on October 5, 2006. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426. The Chairman and the Commissioners, their assistants, the Commission's Secretary and her assistant, the General Counsel and members of his staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who will advise the Commissioners in the matters discussed will also be present. Magalie R. Salas, Secretary. [FR Doc. E6-16339 Filed 9-29-06; 8:32 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2006-0394; FRL-8226-9] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Approval of State Coastal Nonpoint Pollution Control Programs; EPA ICR No. 1569.06, OMB Control No. 2040-0153 (Renewal) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

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

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

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before November 2, 2006. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-2006-0394, to

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

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *Attention:* Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. 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: Don Waye, Assessment and Watershed Protection Division, Office of Wetlands Oceans and Watersheds, Mail Code 4503T, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)566-1170; fax number:

(202)566-1333; e-mail address: *waye.don@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 16, 2006 (71 FR 28319), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2006-0394, which is available for online viewing at www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426. Use EPA's electronic docket and comment system at *www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* Approval of State Coastal Nonpoint Pollution Control Programs (Renewal). *ICR numbers:* EPA ICR No. 1569.06, OMB Control No. 2040-0153. ICR Status: This ICR is scheduled to expire on October 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* Under the provisions of national Program Development and Approval Guidance implementing section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) which was jointly developed and published by EPA and the National Oceanic and Atmospheric Administration (NOAA), 29 coastal States and 5 coastal Territories with Federally approved Coastal Zone Management Programs have developed and submitted to EPA and NOAA Coastal Nonpoint Pollution Programs. EPA and NOAA have approved 13 States and 4 Territories, and conditionally approved 16 States and 1 Territory. The conditional approvals will require States and Territories to submit additional information in order to obtain final program approval. CZARA section 6217 requires States and Territories to obtain final approval of their Coastal Nonpoint Pollution Programs in order to retain their full share of funding available to them under section 319 of the Clean Water Act and section 306 of the Coastal Zone Management Act. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 125 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* 16 States and 1 Territory with approved coastal zone management programs. *Estimated Number of Respondents:* 17. *Frequency of Response:* Once. *Estimated Total Annual Hour Burden:* 2,125 hours. Estimated Total Annual Cost: $76,500, which includes $0 annualized Capital Startup costs, $0 annualized O&M costs, and $76,500 annualized Labor Costs. *Changes in the Estimates:* There is a decrease of 1125 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is the result of EPA and NOAA having fully approved 17 of the 34 State Coastal Nonpoint Programs. Dated: September 22, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6-16297 Filed 10-2-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8225-8] Clean Air Act; Contractor Access to Confidential Business Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has contracted with The Bionetics Corporation to provide assistance in the enforcement of regulatory requirements under the Clean Air Act, from September 1, 2006, until August 31, 2011. The Bionetics Corporation has been authorized to have access to information submitted to EPA under these statutes that may be claimed and determined to be confidential business information. DATES: This notice is effective October 3, 2006. FOR FURTHER INFORMATION CONTACT: Ross Ruske, Environmental Scientist, USEPA, Mail Code (2242A), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone:

(202)564-1033. Fax:

(202)564-1024. Internet mail address: ruske.ross *@epamail.epa.gov.* SUPPLEMENTARY INFORMATION: EPA has authorized access for The Bionetics Corporation (“Bionetics”), a contractor, to information submitted to the EPA under the Clean Air Act. Some of this information may be claimed and determined to be confidential business information (“CBI”). The EPA contract number is EP-06-088. The Bionetics corporate address is: The Bionetics Corporation, 11833 Canon Boulevard, Suite #100, Newport News, VA 23606. Under the contract, Bionetics provides enforcement support to the Air Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance in a number of activities primarily related to the Clean Air Act. The contractor may also be called upon to provide support to other EPA offices under the other statutes. The activities in which Bionetics provides enforcement support include, but are not limited to: Inspections and audits of facilities that produce, import, store, transport, dispense or analyze fuel used in mobile source vehicles and engines; and Inspections and audits of facilities that manufacture, import, distribute, sell or repair motor vehicles, motor vehicle engines, or non-road engines. The type of information that may be disclosed includes, but are not limited to: Records related to the production, importation, distribution, sale, storage, testing and transportation of gasoline, gasoline blendstocks, diesel fuel, diesel fuel blendstocks, and detergent additives; and records related to the manufacture, importation, emission certification, emission testing, emission control warranty, repair, modification and fueling of mobile source vehicles and engines, including, but not limited to, motor vehicles, motor vehicle engines, non-road engines, locomotives and marine engines, and stationary source engines. It is necessary for Bionetics to have access to these records in order to prepare reports that EPA uses to evaluate whether regulated parties are in compliance with applicable regulatory requirements under the above listed statutes. In accordance with 40 CFR 2.301(h)(2), EPA has determined that disclosure of confidential business information to Bionetics and its subcontractor is necessary for these entities to carry out the work required by this contract. EPA is issuing this notice to inform all submitters of information to the EPA under the Clean Air Act that EPA may allow access to CBI contained in such submittals to Bionetics and their subcontractor as necessary to carry out work under this contract. Disclosure of CBI under this contract may continue until August 31, 2011. As required by 40 CFR 2.301(h)(2), the Bionetics contract includes provisions to assure the appropriate treatment of CBI disclosed to contractors and subcontractors. Dated: September 27, 2006. John Fogarty, Acting Director, Air Enforcement Division. [FR Doc. E6-16298 Filed 10-2-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [Docket ID Number EPA-HQ-OECA-2006-0753; FRL-8226-4] Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Kmart Holding Corporation AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has entered into a consent agreement with Kmart Holding Corporation (“Kmart” or “Respondent”) to resolve violations of the Clean Water Act (“CWA”), the Emergency Planning and Community Right-to-Know Act (“EPCRA”), and the Resource Conservation and Recovery Act (“RCRA”) and their implementing regulations. The Administrator is hereby providing public notice of this consent agreement and proposed final order, and providing an opportunity for interested persons to comment on the CWA, EPCRA, and RCRA portions of this consent agreement, in accordance with CWA section 311(b)(6)(C). DATES: Comments are due on or before November 2, 2006. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Section I.B of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Special Litigation and Projects Division (2248-A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone

(202)564-3271; fax:

(202)564-0010; e-mail: *cavalier.beth@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. How Can I Get Copies of This Document and Other Related Information? 1. *Docket.* EPA has established an official public docket for this action under Docket ID No. EPA-HQ-OECA-2006-0753. The official public docket consists of the Consent Agreement, proposed Final Order, and any public comments received. Although a part of the official docket, the public docket does not include Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Enforcement and Compliance Docket Information Center (ECDIC) in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

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

(202)566-1752. A reasonable fee may be charged by EPA for copying docket materials. 2. *Electronic Access.* You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/.* An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Section I.A.1. For public commentors, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. B. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. 1. *Electronically.* If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in Docket ID No. EPA-HQ-OECA-2006-0753. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail.* Comments may be sent by electronic mail (e-mail) to *docket.oeca@epa.gov* , Attention Docket ID No. EPA-HQ-OECA-2006-0753. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM.* You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Section I.A.1. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By Mail.* Send your comments to: Enforcement and Compliance Docket Information Center, Environmental Protection Agency, Mailcode: 2201T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-OECA-2006-0753. 3. *By Hand Delivery or Courier.* Deliver your comments to the address provided in Section I.A.1., Attention Docket ID No. EPA-HQ-OECA-2006-0753. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Section I.A.1. C. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section. II. Background Kmart Holding Corporation, doing business as Kmart Corporation, (“Respondent”) is owned by Sears Holding Corporation, a retail company located at 3333 Beverly Road, Hoffman Estates, Illinois 60179, and is incorporated in the state of Delaware. Kmart disclosed, pursuant to the EPA “Incentives for Self-Policing: Discovery, Disclosures, Correction and Prevention of Violations” (“Audit Policy”), 65 FR 19618 (April 11, 2000), violations of the Clean Water Act (“CWA”), the Emergency Planning and Community Right-to-Know Act (“EPCRA”), and the Resource Conservation and Recovery Act (“RCRA”) and their implementing regulations. Specifically, Kmart (“Respondent”) disclosed that it failed to prepare and implement an SPCC plan for the following facilities: Canton, MI, Chambersburg, PA, Denver/Brighton, CO, Greensboro, NC, Lawrence, KS, Manteno, IL, Morrisville/Fairless Hills, PA, Newnan, GA, Ocala, FL, Ontario, CA, Shakopee, MN, Sparks, NV, and Warren, OH, and, in addition, failed to install adequate secondary containment at its Denver/Brighton, CO and Morrisville/Fairless, PA facilities in violation of the CWA section 311(j) and 40 CFR part 112. EPA, as authorized by CWA section 311(b)(6), 33 U.S.C. 1321(b)(6), has assessed a civil penalty for these violations. Respondent further disclosed that it had failed to comply with:(1) CWA section 402(p), 33 U.S.C. 1342(p), and the regulations found at 40 CFR 122.26 when it failed to obtain a stormwater permit and/or prepare a stormwater pollution prevention plan at the Billerica, MA, Canton, MI, Chambersburg, PA, Denver/Brighton, CO, Groveport, CA, Greensboro, NC, Manteno, IL, Newnan, GA, Ontario, CA, Shakopee, MN, Sparks, NV, Warren, OH, and Forest Park, GA facilities;

(2)CWA section 402(a), 33 U.S.C. 1342(a) and the implementing regulations found at 40 CFR 122.26 when it failed to obtain an NPDES permit at its Denver/Brighton, CO and Lawrence, KS facilities;

(3)CWA section 402(a), 33 U.S.C. 1342(a) and the implementing regulations found at 40 CFR 122.41 and 122.48 when it failed to comply with monitoring requirements and exceeded its permit limits at its Warren, OH facility;

(4)CWA section 402(a), 33 U.S.C. 1342(a) and the implementing regulations found at 40 CFR 403.5 and 403.12 when it failed to analyze effluent discharge and failed to obtain or renew its discharge permit at its Manteno, IL facility; and

(5)CWA section 402(p), 33 U.S.C. 1342(p) and the regulations found at 40 CFR 122.26 and 122.28 when it failed to conduct stormwater monitoring and failed to file a Discharge Monitoring Report at its Greensboro, NC facility. EPA, as authorized by CWA section 309(b), 33 U.S.C. 1319, has assessed a civil penalty for these violations. Respondent disclosed that it had failed to comply with EPCRA section 302, 42 U.S.C. 11002, and the regulations found at 40 CFR 355.30, when it failed to notify the State Emergency Response Committee (“SERC”), and EPCRA section 303, 42 U.S.C. 11003, and the regulations found at 40 CFR 355.30, when it failed to notify the Local Emergency Planning Committee (“LEPC”) of the identity of the emergency coordinator who would participate in the emergency planning process at the following facilities: Billerica, MA, Canton, MI, Chambersburg, PA, Denver/Brighton, CO, Forest Park, GA, Greensboro, NC, Groveport, CA, Lawrence, KS, Manteno, IL, Mira Loma, CA, Morrisville/Fairless Hills, PA, Newnan, GA, Ocala, FL, Ontario, CA, Shakopee, MN, Sparks, NV, and Warren, OH. EPA, as authorized by EPCRA section 325, has assessed a civil penalty for these violations. In addition, Respondent disclosed that it had failed to comply with EPCRA section 311, 42 U.S.C. 11021 and the regulations found at 40 CFR 370.21, when it failed to submit a Material Safety Data Sheet (“MSDS”) for a hazardous chemical(s) or, in the alternative, a list of such chemicals, at the following facilities: Billerica, MA, Canton, MI, Chambersburg, PA, Denver/Brighton, CA, Forest Park, GA, Greensboro, NC, Groveport, CA, Lawrence, KS, Manteno, IL, Mira Loma, CA, Morrisville/Fairless Hills, PA, Newnan, GA, Ocala, FL, Ontario, CA, Shakopee, MN, Sparks, NW and Warren, OH. Respondent disclosed that it had failed to comply with EPCRA section 312, 42 U.S.C. 11022 and the regulations found at 40 CFR 370.25, when it failed to prepare and submit emergency and chemical inventory forms to the LEPC, the SERC and the fire department with jurisdiction over each facility, at the Ontario, CA facility. EPA, as authorized by EPCRA section 325, has assessed a civil penalty for these violations. Respondent disclosed that it had failed to comply with RCRA section 3001(d), 42 U.S.C. 6921(d) and the implementing regulations found at 40 CFR 261.5 when it failed to comply with requirements for Conditionally Exempt Small Quantity Generators at its Denver/Brighton, CO facility. Respondent disclosed that it had failed to comply with RCRA section 3002(a), 42 U.S.C. 6922(a), and the implementing regulations listed below relating to large quantity hazardous waste generators, at the Billerica, MA facility:

(1)40 CFR Part 262 for failure to make hazardous waste identification;

(2)40 CFR 262.12, for failure to obtain an EPA ID number;

(3)40 CFR 262.34, for exceeding hazardous waste accumulation times;

(4)40 CFR 262.30-262.33, for failure to properly package and label wastes;

(5)40 CFR 262.40, for failure to maintain proper records;

(6)40 CFR Part 265, Subpart C, for failure to meet preparedness and prevention standards;

(7)40 CFR 262.34(d) and 265.16 for failure to provide employee training regarding hazardous handling and management practices;

(8)40 CFR 273.2 and 273.5; for failure to properly manage and dispose of universal wastes;

(9)40 CFR Part 265, Subpart D, for failure to follow emergency response procedures; Additionally, Respondent disclosed that it had failed to comply with RCRA section 3004(d), 42 U.S.C. 6924(d) and implementing regulations found at 40 CFR 268.1 and 40 CFR 268.7 when it failed to meet land disposal requirements at its Billerica, MA facility. Respondent disclosed that it had failed to comply with RCRA section 3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40 CFR 279.22 when it failed to properly label used oil storage drums at its Canton, MI facility. Respondent disclosed that it had failed to comply with RCRA section 3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed below at its Greensboro, NC facility:

(1)40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195, for failure to conduct weekly inspections of hazardous waste storage containers:

(2)40 CFR 262.34(d), for failure to designate an emergency coordinator and failure to post information relating to the emergency coordinator by the phone; and

(1)40 CFR 262.34(a) and (c), when it failed to properly label hazardous waste containers and place accumulation start date on the label;

(2)40 CFR 265.174; 40 CFR 265.15; and 40 CFR 265.195, when it failed to conduct weekly inspections of hazardous waste storage areas and containers; and

(3)40 CFR 262.34(d), for failure to designate an emergency coordinator and failure to post information relating to the emergency coordinator by the phone. Respondent disclosed that at its Morrisville/Fairless Hills, PA facility it had failed to comply with:

(1)RCRA section 3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40 CFR 279.22, when it failed to properly label oil storage drums;

(2)RCRA section 3002(a), 42 U.S.C. 6922(a) and the implementing regulations found at 40 CFR Part 262, when it failed to comply with all hazardous waste storage and disposal requirements for large quantity generators of hazardous waste;

(3)RCRA section 9003, 42 U.S.C. 6991b and the implementing regulations found at 40 CFR 280.20; 280.34; and 280.40-41, when it failed to maintain information concerning construction, leak detection, or periodic monitoring for emergency generator tank 002A; and

(4)RCRA section 9002, 42 U.S.C. 6991a and the implementing regulations found at 40 CFR 280.22, when it failed to maintain a current underground storage tank

(UST)registration certificate. Respondent disclosed that it had failed to comply with RCRA section 3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed below at its Newnan, GA facility:

(1)40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195 when it failed to conduct weekly inspections of hazardous waste storage areas and containers; and

(2)40 CFR 262.34(d) for failure to designate an emergency coordinator and failure to post information relating to the emergency coordinator by the phone; and

(1)40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195, when it failed to conduct weekly inspections of hazardous waste storage areas and containers; and

(2)40 CFR 262.34(d), for failure to designate an emergency coordinator and failure to post information relating to the emergency coordinator by the phone; and

(3)40 CFR 262.34(d) and 40 CFR 265.16, for failure to provide hazardous waste handling and management training to employees. Respondent disclosed that it had failed to comply with RCRA section 3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40 CFR 279.22, when it failed to properly label oil storage drums at its Warren, OH facility. Respondent disclosed that it had failed to comply with RCRA section 3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40 CFR 279.22, when it failed to properly label used oil containers at its Sparks, NV facility. EPA, as authorized by RCRA section 3008(g), 42 U.S.C. 6928(g), has assessed a civil penalty for these violations. EPA determined that Respondent met the criteria set out in the Audit Policy for a 100% waiver of the gravity component of the penalty for the EPCRA violations, and for certain CWA and RCRA violations. For those violations meeting the audit policy, EPA waived the gravity based penalty of $1,608,382 and proposed a settlement penalty amount of $21,967. This is the amount of the economic benefit gained by Respondent, attributable to its delayed compliance with the CWA, RCRA, and EPCRA regulations. Of this amount, $8,260 is attributable to the CWA-SPCC violations; $7,117 is attributable to the CWA violations; $6,400 is attributable to the RCRA violations; and $190 is attributable to the EPCRA violations. However, Respondent failed to satisfy some of the conditions set forth in the Audit Policy for certain CWA and RCRA violations and was assessed an appropriate and fair civil penalty of $80,455 ($78,625 in gravity-based penalties and $1,830 in economic benefit) to settle those violations. The total civil penalty assessed for settlement purposes is one hundred and two thousand four hundred and twenty-two dollars ($102,422). Respondent has agreed to pay this amount. EPA and Respondent negotiated and reached an administrative consent agreement, following the Consolidated Rules of Practice, 40 CFR 22.13(b), on August 18, 2006 ( *In Re: Kmart Holding Corp.* Docket Nos. CWA-HQ-2006-6001, RCRA-HQ-2006-6001, EPCRA-HQ-2006-6001). This consent agreement is subject to public notice and comment under CWA section 311(b)(6), 33 U.S.C. 1321(b)(6). Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, operator, or person in charge of a vessel, onshore facility, or offshore facility from which oil is discharged in violation of the CWA section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to comply with any regulations that have been issued under CWA section 311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil penalty of up to $157,500 by EPA. Class II proceedings under CWA section 311(b)(6) are conducted in accordance with 40 CFR Part 22. Under EPCRA section 325, the Administrator may issue an administrative order assessing a civil penalty against any person who has violated applicable emergency planning or right to know requirements, or any other requirement of EPCRA. Proceedings under EPCRA section 325 are conducted in accordance with 40 CFR part 22. The procedures by which the public may comment on a proposed Class II penalty order, or participate in a CWA II penalty proceeding, are set forth in 40 CFR 22.45. The deadline for submitting public comment on this proposed final order is November 2, 2006. All comments will be transferred to the Environmental Appeals Board (“EAB”) of EPA for consideration. The powers and duties of the EAB are outlined in 40 CFR 22.4(a). Pursuant to CWA section 311(b)(6)(C), EPA will not issue an order in this proceeding prior to the close of the public comment period. Dated: September 19, 2006. Robert A. Kaplan, Director, Special Litigation and Projects Division, Office of Enforcement and Compliance Assurance. [FR Doc. E6-16293 Filed 10-2-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8227-1] Notice of Determination for Dale Hollow Lake To Qualify as a No Discharge Zone This notice of determination is for all navigable waters of Dale Hollow Lake, located on the border of Kentucky and Tennessee. On March 23, 2006, notice was published that the Army Corps of Engineers (ACOE), State of Kentucky, and State of Tennessee had petitioned the Regional Administrator, Environmental Protection Agency

(EPA)to concur with their determinations that adequate and reasonably available pumpout facilities exist on Dale Hollow Lake. Zero comments were received regarding this proposed action. Therefore, Dale Hollow is designated as No Discharge Zone in accordance with Section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, that adequate facilities for the safe and sanitary removal of sewage from all vessels are reasonably available for the waters of Dale Hollow Lake to qualify as a No Discharge Zone. This action is taken under Section 312(f)(3) of the Clean Water Act which states: “After the effective date of the initial standards and regulations promulgated under this Section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such States require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such waters to which such prohibition would apply.” EPA's action allows prohibition regarding discharge from vessels to be applied by the States of Kentucky and Tennessee for Dale Hollow Lake. EPA found the following existing facilities available for pumping out vessel holding tanks on Dale Hollow Lake. Their address, telephone number, hours of operation, and draft are as follows:

(A)Cedar Hill Marina; 2371 Cedar Hill Road, Celina, TN 38551, 931-243-3201, 8 a.m.-4 p.m. 7 days/week, 8′ draft

(B)Dale Hollow Marina; 99 Arlon Webb Dr., Celina, TN 38551, 931-243-2211, 7 a.m.—5 p.m. 7 days/week, floating barge-mobile pumpout

(C)Holly Creek Marina; 7855 Holly Creek Road, Celina, TN 38551, 931-243-2116, 7 a.m.-8 p.m. 7 days/week, floating barge—mobile pumpout

(D)Sulpher Creek Marina; 3498 Sulpher Creek Road, Burkesville, KY 42717, 270-433-7272, 24 hours daily (self service), 10′ draft

(E)Hendricks Creek Marina; 945 Hendricks Creek Road, Burkesville, KY 42717, 270-433-7172, 8 a.m.-5 p.m. 7 days/week, 10′ draft

(F)Wisdom Marina; Rt. 2, Box 220, Albany, KY 42602, 606-387-5841, 8 a.m.-5 p.m. 7 days/week, floating barge—mobile pumpout

(G)Wolf River Marina; Rt. 2, Box 751, Albany, KY 42602, 606-387-5841, 7 a.m.-7 p.m. weekdays, 7 a.m.-9 p.m. weekends, 25′ draft

(H)Eagle′s Cove Marina; 5899 Eagle Cove Road, Byrdstown TN, 38549, 931-864-3456, 7 a.m.-8 p.m. 7 days/week, 15′ draft

(I)Star Point Marina; 4490 Star Point Road, Byrdstown TN 38549, 931-864-3115, 6 a.m.-6 p.m. 7 days/week, 15′ draft

(J)Sunset Marina; 2040 Sunset Dock Road, Hwy 111, Byrdstown, TN 38549, 931-864-3146, 6 a.m.-p.m. 7 days/week, 40′ draft

(K)East Port Marina; 5652 East Port Road, Alpine, TN 38543, 931-879-7511, 7 a.m.-8 p.m. 7 days/week, 11′ draft

(L)Willow Grove Marina; 9990 Willow Grove Hwy., Allons, TN 38541, 931-823-6616, 7 a.m.-8 p.m. 7 days/week, 15′draft and mobile barge

(M)Livingston Marina; 1260 Livingston Boat Dock Road, Allons, TN 38541, 931-823-6666, 8 a.m.-5 p.m. 7 days/week, floating barge—mobile pumpout

(N)Horse Creek Marina; 1150 Horse Creek Road, Celina, TN 38551, 931-243-2125, 24 hours daily, seven days weekly (self service), 10′ draft

(O)Dale Hollow Lake State Resort Park; 6371 State Park Road, Burkesville, KY 42717, 270-433-7431, 8 a.m.-6 p.m. weekdays, 8 a.m.-8 p.m. weekends, 24′ draft All vessel pumpout facilities that are described either discharge into State approved and regulated septic tanks or State approved on-site waste treatment plants, or the waste is collected into a large holding tank for transport to a sewage treatment plant. Thus, all vessel sewage will be treated to meet existing standards for secondary treatment. Estimates based on a survey conducted of Dale Hollow Lake marina managers and owners in regard to the number of boats equipped with U.S. Coast Guard-approved Marine Sanitation Devices

(MSD)result in 68 boats. This would result in a ratio of 4.5 boats with MSDs per pumpout facility. Dale Hollow Lake's shoreline management plan does not permit private docks. Altogether, there are a total of 2,663 boat slips located at the 15 Dale Hollow Lake marinas. Of that overall total, 453 are houseboat slips, and 385 of these are houseboats which have holding tanks (subtracting the 68 boats mentioned above, which have MSDs). This results in a ratio of 26 boats with holding tanks per pumpout facility. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E6-16290 Filed 10-2-06; 8:45 am] BILLING CODE 6560-50-P FEDERAL RESERVE SYSTEM Consumer Advisory Council AGENCY: Board of Governors of the Federal Reserve System ACTION: Notice of Meeting of Consumer Advisory Council The Consumer Advisory Council will meet on Thursday, October 26, 2006. The meeting, which will be open to public observation, will take place at the Federal Reserve Board's offices in Washington, D.C., in Dining Room E on the Terrace level of the Martin Building. Anyone planning to attend the meeting should, for security purposes, register no later than Tuesday, October 24, by completing the form found on-line at: https://www.federalreserve.gov/secure/forms/cacregistration.cfm Additionally, attendees must present photo identification to enter the building. The meeting will begin at 9:00 a.m. EDT and is expected to conclude at 12:30 p.m. The Martin Building is located on C Street, NW, between 20th and 21st Streets. The Council's function is to advise the Board on the exercise of the Board's responsibilities under various consumer financial services laws and on other matters. Time permitting, the Council will discuss the following topics: • Fair and Accurate Credit Transactions Act (FACT Act) • Nontraditional Mortgage Products • Affordable Housing Reports by committees and other matters initiated by Council members also may be discussed. Persons wishing to submit views to the Council on any of the above topics may do so by sending written statements to Kyan Bishop, Secretary of the Consumer Advisory Council, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, Washington, D.C. 20551. Information about this meeting may be obtained from Ms. Bishop, 202-452-6470. Board of Governors of the Federal Reserve System, September 28, 2006. Jennifer J. Johnson Secretary of the Board [FR Doc. E6-16266 Filed 10-2-06; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION SES Performance Review Board AGENCY: General Services Administration ACTION: Notice. SUMMARY: Notice is hereby given of the appointment of members of the GSA Performance Review Board. FOR FURTHER INFORMATION CONTACT: Karla J. Hester, Director of Executive Resources, Office of the Chief Human Capital Officer, General Services Administration, 1800 F Street, N.W., Washington, DC 20405,

(202)501-1207. SUPPLEMENTARY INFORMATION: Section 4313(c)(1) through

(5)of title 5 U.S.C. requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES performance review board(s). The board reviews and evaluates the initial appraisal of a senior executive’s performance by the supervisor, and considers recommendations to the appointing authority regarding the performance of the senior executive. The following have been designated as members of the Performance Review Board of the General Services Administration: John F. Phelps, Chief of Staff -- Chair David L. Bibb, Deputy Administrator James A. Williams, Federal Acquisition Service Commissioner Jon A. Jordan, Federal Acquisition Service Controller David L. Winstead, Public Buildings Service Commissioner Anthony E. Costa, Public Buildings Service Deputy Commissioner Gail T. Lovelace, Chief Human Capital Officer Alan R. Swendiman, General Counsel Kathleen M. Turco, Chief Financial Officer Barbara L. Shelton, Regional Administrator, Mid-Atlantic Region Peter G. Stamison, Regional Administrator, Pacific Rim Region Dated: September 15, 2006. Lurita Doan Administrator [FR Doc. E6-16254 Filed 10-2-06; 8:45 am] BILLING CODE 6820-34-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Quality Workgroup ACTION: Change of Meeting Date and Time. SUMMARY: This notice announces the second meeting of the American Health Information Community Quality Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.). DATES: October 11, 2006 from 2 p.m. to 5 p.m. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090 (you will need a photo ID to enter a Federal building). FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/helathit/ahic/workgroups.html.* SUPPLEMENTARY INFORMATION: During the meeting, the Workgroup will continue their discussion on a core set of quality measures and an environmental scan. The meeting will be available via internet access. For additional information on the meeting, go to *http://www.hhs.gov/healthit/ahic/quality_instruct.html.* Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. 06-8438 Filed 10-2-05; 8:45 am]

Connectionstraces to 21

Traces to 21 documents

statutes-at-large