Notices. Notice of Rate Order

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BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Undergraduate International Studies and Foreign Language Program; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2007 *Catalog of Federal Domestic Assistance

(CFDA)Number:* 84.016A. Dates: *Applications Available:* October 13, 2006. *Deadline for Transmittal of Applications:* November 17, 2006. *Deadline for Intergovernmental Review:* January 17, 2007. *Eligible Applicants:*

(1)Institutions of higher education (IHEs);

(2)combinations of IHEs;

(3)partnerships between nonprofit educational organizations and IHEs; and

(4)public and private nonprofit agencies and organizations, including professional and scholarly associations. *Estimated Available Funds:* The Administration has requested $2,555,000 for new awards for this program for FY 2007. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process if Congress appropriates funds for this program. *Estimated Range of Awards:* *Single Institution:* $50,000-$90,000. *Consortia/Organization/Associations:* $80,000-$140,000. *Estimated Average Size of Awards:* *Single Institution:* $77,069. * Consortia/Organization/Associations:* $110,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $90,000 for a single budget period of 12 months for a single institution application and $140,000 for a single budget period of 12 months for a consortia/organization/association application. The Assistant Secretary for Postsecondary Education may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 33. Note: The Department is not bound by any estimates in this notice. *Project Period:* *Single Institution:* Up to 24 months. * Consortia/Organization/Associations:* Up to 36 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The Undergraduate International Studies and Foreign Language (UISFL) Program provides grants to strengthen and improve undergraduate instruction in international studies and foreign languages. *Priorities:* This notice contains two competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(ii), Competitive Preference Priority 1 is from the regulations for this program (34 CFR 658.35). Competitive Preference Priority 2 is from the notice of final priorities for discretionary grant programs, published in the **Federal Register** on October 11, 2006. *Competitive Preference Priority 1:* For FY 2007 this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award an additional five points to an application that meets this priority. This priority is: Applications that:

(a)Require entering students to have successfully completed at least two years of secondary school foreign language instruction;

(b)require each graduating student to earn two years of postsecondary credit in a foreign language or have demonstrated equivalent competence in the foreign language; or

(c)in the case of a two-year degree granting institution, offer two years of postsecondary credit in a foreign language. *Competitive Preference Priority 2:* For FY 2007 this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award up to an additional five points to an application that meets this priority. This priority is: Projects that support activities to enable students to achieve proficiency or advanced proficiency or to develop programs in one or more of the following less commonly taught languages: Arabic, Chinese, Korean, Japanese, Russian, and languages in the Indic, Iranian, and Turkic language families. Program Authority: 20 U.S.C. 1124. *Applicable Regulations:*

(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 86, 97, 98 and 99.

(b)The regulations in 34 CFR parts 655 and 658.

(c)The notice of final priorities for discretionary grant programs, published in the **Federal Register** on October 11, 2006. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to IHEs only. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* The Administration has requested $2,555,000 for new awards for this program for FY 2007. The actual level of funding, if any, depends on final congressional action. However, we are inviting applications to allow enough time to complete the grant process, if Congress appropriates funds for this program. *Estimated Range of Awards:* *Single Institution:* $50,000-$90,000. * Consortia/Organization/Associations:* $80,000-$140,000. *Estimated Average Size of Awards:* *Single Institution:* $77,069. *Consortia/Organization/Associations:* $110,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $90,000 for a single budget period of 12 months for a single institution application and $140,000 for a single budget period of 12 months for a consortia/organization/association application. The Assistant Secretary for Postsecondary Education may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 33. Note: The Department is not bound by any estimates in this notice. *Project Period:* *Single Institutions:* Up to 24 months. *Consortia/Organization/Associations:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:*

(1)IHEs;

(2)combinations of IHEs;

(3)partnerships between nonprofit educational organizations and IHEs; and

(4)public and private nonprofit agencies and organizations, including professional and scholarly associations. 2. *Cost Sharing or Matching:* This program has a matching requirement under title VI, part A, section 604(a)(3) of the Higher Education Act of 1965, as amended, 20 U.S.C. 1124(a)(3) (HEA), and the regulations for this program in 34 CFR 658.41. UISFL Program grantees must provide matching funds in either of the following ways:

(a)Cash contributions from private sector corporations or foundations equal to one-third of the total project costs; or

(b)a combination of institutional and non-institutional cash or in-kind contributions including State and private sector corporation or foundation contributions, equal to one-half of the total project costs. The Secretary may waive or reduce the required matching share for institutions that are eligible to receive assistance under part A or part B of title III or under title V of the HEA. IV. Application and Submission Information 1. *Address to Request Application Package:* Christine Corey, International Education Programs Service, U.S. Department of Education, 1990 K Street, NW., room 6069, Washington, DC 20006-8521. Telephone:

(202)502-7629 or by e-mail: *christine.corey@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. *Page Limit:* The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the narrative to the equivalent of no more than 40 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions. However, you may single space all text in charts, tables, figures and graphs. • Use a font that is either 12-point or larger or no smaller than 10 pitch (characters per inch). However, you may use a 10-point font in charts, tables, figures, and graphs. The page limit does not apply to the cover sheet; the budget section, including the narrative budget justification; the assurances and certifications; the one-page abstract; or the appendices. However, you must include your complete response to the selection criteria in the application narrative. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* October 13, 2006. *Deadline for Transmittal of Applications:* November 17, 2006. Applications for grants under this program must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. *Deadline for Intergovernmental Review:* January 17, 2007. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the Undergraduate International Studies and Foreign Language program must be submitted electronically using the Grants.gov Apply site at: *http://www.grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the Undergraduate International Studies and Foreign Language program at: *http://www.grants.gov/.* You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search. *Please note the following:* • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at: *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all the steps in the Grants.gov registration process (see *http://http://www.grants.gov/applicants/get_registered.jsp).* These steps include

(1)Registering your organization,

(2)registering yourself as an Authorized Organization Representative (AOR), and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).* You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Assistance (SF 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgement from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You also may mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT , and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Ms. Christine Corey, U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8521. Fax:

(202)502-7659. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: 84.016A, 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: 84.016A, 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark,

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,

(3)A dated shipping label, invoice, or receipt from a commercial carrier, or

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark, or

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: 84.016A, 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department:

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the Application for Federal Assistance (SF 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.

(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this program are from 34 CFR 658.31 through 658.34. The following criteria are used to evaluate all applications:

(a)Plan of operation (15 points);

(b)quality of key personnel (10 points);

(c)budget and cost effectiveness (10 points);

(d)adequacy of resources (5 points);

(e)evaluation plan (20 points). The following additional criteria are applied to applications submitted by an IHE or a combination of IHEs:

(a)Commitment to international studies (10 points);

(b)elements of the proposed international studies program (10 points); and

(c)Need for and prospective results of the proposed program (10 points). The following additional criterion is applied to applications from organizations and associations: need for and potential impact of the proposed project in improving international studies and the study of modern foreign languages at the undergraduate level (30 points),

(f)competitive priority (5 points). VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. The applicant is required to use the electronic data instrument Evaluation of Exchange, Language, International, and Area Studies (EELIAS), to complete the final report. 4. *Performance Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the objective for the UISFL program is to meet the nation's security and economic needs through the development of a national capacity in foreign languages, and area and international studies. The Department will use the following measures to evaluate its success in meeting this objective. UISFL Performance Measures:

(1)Percentage of critical languages addressed/covered by foreign language major, minor, or certificate programs created or enhanced; or by language courses created or enhanced; or by faculty or instructor positions created with UISFL or matching funds in the reporting period.

(2)Percentage of projects judged to be successful by the program officer, based on a review of information provided in annual performance reports. If funded, information from your final performance report submitted via the electronic Evaluation of Exchange, Language, International, and Area Studies system will be used to record and evaluate the performance of your project. VII. Agency Contact *For Further Information Contact:* Christine Corey, International Education Programs Service, U.S. Department of Education, 1990 K Street, NW., room 6069, Washington, DC 20006-8521. Telephone:

(202)502-7629 or by e-mail: *christine.corey@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: October 6, 2006. James F. Manning, Acting Assistant Secretary for Postsecondary Education. [FR Doc. E6-16932 Filed 10-11-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Southwestern Power Administration Integrated System Power Rates AGENCY: Southwestern Power Administration, DOE. ACTION: Notice of Rate Order. SUMMARY: Pursuant to Delegation Order Nos. 00-037.00, effective December 6, 2001, and 00-001-00B, effective July 28, 2005, the Deputy Secretary has approved and placed into effect on an interim basis Rate Order No. SWPA-56, which increases the power rates for the Integrated System pursuant to the following Integrated System Rate Schedules: Rate Schedule P-06, Wholesale Rates for Hydro Peaking Power. Rate Schedule NFTS-06, Wholesale Rates for Non-Federal Transmission/Interconnection Facilities Service. Rate Schedule EE-06, Wholesale Rate for Excess Energy. The rate schedules supersede the existing rate schedules shown below: Rate Schedule P-05, Wholesale Rates for Hydro Peaking Power (superseded by P-06). Rate Schedule NFTS-05, Wholesale Rates for Non-Federal Transmission/Interconnection Facilities Service (superseded by NFTS-06). Rate Schedule EE-05, Wholesale Rate for Excess Energy (superseded by EE-06). The effective period for the rate schedules specified in Rate Order No. SWPA-56 is October 1 2006, through September 30, 2010. FOR FURTHER INFORMATION CONTACT: Forrest E. Reeves, Assistant Administrator, Office of Corporate Operations, Southwestern Power Administration, Department of Energy, Williams Center Tower I, One West Third Street, Tulsa, Oklahoma 74103,

(918)595-6696, *gene.reeves@swpa.gov.* SUPPLEMENTARY INFORMATION: Southwestern Power Administration's (Southwestern) Administrator has determined based on the 2006 Integrated System Current Power Repayment Study, that existing rates will not satisfy cost recovery criteria specified in Department of Energy Order No. RA 6120.2 and Section 5 of the Flood Control Act of 1944. The finalized 2006 Integrated System Power Repayment Studies

(PRSs)indicate that an increase in annual revenue of $37,703,812, or 27.7 percent, beginning October 1, 2006, will satisfy cost recovery criteria for the Integrated System projects. The proposed Integrated System rate schedules would increase annual revenues from $136,267,400 to $173,971,212, primarily to recover increased investments and replacements in the hydroelectric generating facilities. Additionally, the PRS indicates the need for an annual increase of $8,562,500 in revenues received through the Purchased Power Adder to recover increased average year purchased energy costs. This proposal also includes an increase in size and frequency to the Administrator's Discretionary Purchased Power Adder Adjustment (Adjustment) to a level sufficient to recover purchased power costs for the recent drought conditions experienced in the Southwestern region. The Adjustment allows the Administrator to adjust the purchased power adder up to twice annually, limited to $0.0067 per kilowatthour as necessary, at his/her discretion, under a formula-type rate, with notification to the FERC. The Administrator has followed Title 10, Part 903 Subpart A, of the Code of Federal Regulations, “Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions” in connection with the proposed rate schedule. On June 16, 2006, Southwestern published notice in the **Federal Register** , (71 FR 34925), of a 60-day comment period, together with a combined Public Information and Comment Forum, to provide an opportunity for customers and other interested members of the public to review and comment on the proposed rate increase for the Integrated System. The forum was canceled since no one expressed an intention to participate. Written comments were accepted through August 15, 2006. Comments from two entities were received and are addressed in this rate proposal. Information regarding this rate proposal, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, Williams Center Tower I, One West Third Street, Suite 1400, Tulsa, Oklahoma 74103. Following review of Southwestern's proposal within the Department of Energy, I approved, Rate Order No. SWPA-56, on an interim basis, which increases the existing Integrated System annual revenue requirement to $173,971,212 per year for the period October 1, 2006 through September 30, 2010. Dated: September 28, 2006. Clay Sell, Deputy Secretary. Deputy Secretary of Energy *In the matter of:* Southwestern Power Administration; Integrated System Rates; Rate Order No. SWPA-56. Order Confirming, Approving and Placing Increased Power Rate Schedules in Effect on an Interim Basis Pursuant to Sections 302(a) and 301(b) of the Department of Energy Organization Act, Public Law 95-91, the functions of the Secretary of the Interior and the Federal Power Commission under Section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southwestern Power Administration (Southwestern) were transferred to and vested in the Secretary of Energy. By Delegation Order No. 0204-108, effective December 14, 1983, the Secretary of Energy delegated to the Administrator of Southwestern the authority to develop power and transmission rates, delegated to the Deputy Secretary of the Department of Energy the authority to confirm, approve, and place in effect such rates on an interim basis and delegated to the Federal Energy Regulatory Commission

(FERC)the authority to confirm and approve on a final basis or to disapprove rates developed by the Administrator under the delegation. Delegation Order No. 0204-108, as amended, was rescinded and subsequently replaced by Delegation Orders 00-037.00 (December 6, 2001) and 00-001-00B (July 28, 2005). The Deputy Secretary issued this rate order pursuant to said delegations. Background The Deputy Secretary approved and placed into effect on an interim basis the following Integrated System (System) rate schedules for the period February 1, 2006, through September 30, 2009, and submitted the rate schedules to the FERC for final confirmation and approval: Rate Schedule P-05, Wholesale Rates for Hydro Peaking Power. Rate Schedule NFTS-05, Wholesale Rates for Non-Federal Transmission/Interconnection Facilities Service. Rate Schedule EE-05, Wholesale Rate for Excess Energy. Southwestern Power Administration's (Southwestern), Current Power. Repayment Study

(PRS)indicates that the existing rates will not satisfy present financial criteria regarding repayment of investment within a 50-year period due to increased investments and replacements in the U.S. Army Corps of Engineers (Corps) hydroelectric generating facilities. The revised PRS indicates that an increase in annual revenues of $37,703,812 is necessary beginning October 1, 2006, to accomplish repayment in the required number of years. Accordingly, Southwestern has prepared proposed rate schedules based on the additional revenue requirement and the 2006 Rate Design Study. An informal meeting was held in April 2006 with customer representatives to review the repayment and rate design processes and present the basis for the 27.7 percent annual revenue increase. In May 2006, Southwestern prepared a proposed 2006 PRS for the Integrated System based on comments received from our customers during this informal meeting. Title 10, Part 903, Subpart A of the Code of Federal Regulations, “Procedures for Public Participation in Power and Transmission Rate Adjustment,” has been followed in connection with the proposed rate adjustments. More specifically, opportunities for public review and comment on proposed System power rates during a 60-day period were announced by notice published in the **Federal Register** , June 16, 2006, (71 FR 34925). The consultation and comment period was shortened by the Administrator in accordance with Sec. 903.14(a) of 10 CFR part 903, because of the need to assure new rates are in place by October 1, 2006, to respond to financial difficulties resulting from the FY 2006 drought conditions. A Public Information and Comment Forum scheduled for July 12, 2006, in Tulsa, Oklahoma, was canceled since no one expressed an intention to attend. Written comments were due by August 15, 2006. Southwestern mailed copies of the proposed May 2006 Power Repayment and Rate Design Studies to customers and interested parties that requested the data, for review and comment during the formal period of public participation. Following conclusion of the comment period on August 15, 2006, comments presented during the formal public participation process were reviewed. Once the comments were evaluated, the 2006 Power Repayment and Rate Design Studies were completed. No changes were made to the 2006 PRS based on comments received. The studies were finalized in August 2006. The Administrator made the decision to submit the rate proposal for interim approval and implementation. The comments resulting from the public participation process and responses, as developed by Southwestern's staff, are contained in this Rate Order. Discussion General The existing rate schedules developed in the 2005 Integrated System PRS were the basis for revenue determination in the August 2006 Integrated System Current PRS. The Current PRS indicates that existing rates are insufficient to produce the annual revenues necessary to accomplish repayment of the capital investment as required by Section 5 of the Flood Control Act of 1944 and Department of Energy

(DOE)Order No. RA 6120.2. A Revised PRS was prepared that increases ultimate annual revenues by $37,703,812 or 27.7 percent, in three steps over a three-year period, which satisfies the cost recovery criteria outlined in DOE Order No. RA 6120.2 and Section 5 of the Flood Control Act of 1944. The first step (October 1, 2006) is an increase in the purchased power adder ($8,562,500 or 6.3 percent) and the discretionary purchased power adder adjustment ($10,085,580 or 7.4 percent) components which will be set to recover future average purchased power expenses and purchased power costs resulting from the recent drought situation in the Southwestern region. The second step (October 1, 2007) will incorporate 1/2 of the full revenue requirement ($9,527,866 or 7 percent) caused by the increased investment and replacement costs. The final step (October 1, 2008 through September 30, 2010) will incorporate the remaining1/2 ($9,527,866 or 7 percent) to reach the full revenue requirement level. Due to only slight increases in annual operating and maintenance expenses during the cost evaluation period, these revenue increases combined over the three year phase-in will ensure that cost recovery will be accomplished as required. In Southwestern's 2006 Rate Design proposal, rates were designed to recover the additional revenue requirements in three steps over a three-year period. In FY 2007, the Purchased Power Adder will increase to $0.0067 per kWh to cover the increased expense of future purchased power costs. Also in FY 2007, the Discretionary Purchased Power Adder Adjustment will increase in size and frequency (twice annually limited to $0.0067 per kwh) to a level sufficient to recover the purchased power costs for the recent drought conditions experienced in the Southwestern region. A preliminary amount currently estimated to be $0.0045 per kWh, based on actual data through August 2006, will be collected through this adjustment. The final discretionary PPA adjustment will be determined prior to implementation of this rate proposal using actual data through September 2006 and will become effective October 1, 2006. The demand charge for Federal power will increase in FY 2008 by $0.15 per kW per month, and again in FY 2009 by $0.33 per kW per month to the final rate of $3.51 per kW per month. The energy charge for peaking energy has remained unchanged. The energy charge for supplemental peaking energy and excess energy will increase in FY 2008 by $0.0027 per kWh to $0.0082 per kWh and be equal to the peaking energy rate. The transformation charge remains the same at $0.30 per kW and is applied to the transmission capacity usage at 69 kV and below. In addition, transmission charges for firm service deliveries of non-Federal power will increase beginning in FY 2009. Consistent with FERC's Order No. 888, Southwestern will continue charging separately for five ancillary services under Rate Schedule P-06 and Rate Schedule NTFS-06, and offering network transmission service under Rate Schedule NFTS-06. Southwestern's rate design has separated the five ancillary services for all transmission service. Two ancillary services, Scheduling, System Control and Dispatch Service together with Reactive and Voltage Support Service, are required for every transmission transaction. These charges are also a part of the capacity rate for Federal power. This is consistent with Southwestern's long-standing practice of charging for the sale and delivery of Federal power in its Federal demand charge. The three remaining ancillary services will be made available to any transmission user within Southwestern's control area, including Federal power customers. The rate schedules for Peaking Power and Non-Federal Transmission Service reflect these charges. Network transmission service is provided to those who request the service, within Southwestern's control area, but only for non-Federal deliveries. The rate for and application of this service are identified in the Non-Federal Transmission/Interconnection Facilities Service Rate Schedule, NFTS-06. With respect to the Purchased Power Adder (Adder), Southwestern is proposing, as in all previous proposals beginning with the 1983 implementation of the purchased power rate component, that the Adder is set equal to the current average long-term purchased power revenue requirement. As shown in the Rate Design Study, the amount is determined by dividing the estimated total average direct purchased power costs by Southwestern's total annual contractual 1200-hour peaking energy commitments to the customers (exclusive of contract support arrangements). In this rate proposal, the resulting Adder is $0.0067 per kWh of peaking energy. The total revenue created through application of this Adder would enable Southwestern to cover its average annual purchased power costs. Comments and Responses The Southwestern Power Administration (Southwestern) responded to questions during the public participation period which are included in the supplemental background information. In addition, Southwestern received comments from two entities during the public participation process. Southwestern's responses are summarized into two general areas of concern, and are as follows: Future Investments *Comments:* The commenter questions why Southwestern bases rates on anticipated future capital expenditures which is not in keeping with the standard industry practice of including capital investments in rates only after the items are placed into service and are “used and useful” and when Congressional funding is not a guarantee. *Response:* Southwestern follows DOE Order No. RA 6120.2 dated September 20, 1979, as amended October 1, 1983, for interpretation of the statutory requirements for preparing annual power repayment studies. As stated in Order No. RA 6120.2 (paragraph 10), replacements of investment will be “included in repayment studies by adding the estimated capital cost of

(the)replacement to the unpaid Federal investment in the year each replacement is estimated to go into service.” Southwestern is required to forecast for replacements and must forecast replacements for the entire period of the PRS. The Corps provides the best data they have available, together with the service lives of the equipment. Southwestern and the Corps review these estimates annually and update the replacement data with the goal to better reflect what will be on the annual financial statements. The laws, regulations, methods, and standards for establishing rate schedules for Power Marketing Administrations

(PMAs)are different from the standards that apply to Investor-Owned Utilities. The “used and useful” concept is apparently utilized for testing rates of investor-owned utility companies, but is not accepted in rate making for Federal PMAs. The rationale for this difference is that the Federal projects must be fully operational to allow Southwestern to market power and energy for the entire repayment period to meet the requirements of the law to amortize the investment over a reasonable period of years. Replacements must be included to assure the projects are fully operational for the entire repayment period since most of the projects will be well over 50 years old at the end of the repayment period and would no longer be able to produce power. Our Power Repayment Study system is based on the concept that the older projects will produce power and revenues well beyond their original service lives to help repay the newer projects, thus keeping rates lower overall. RA 6120.2 required estimated costs of capital to be included in the repayment study, not that investment be “used and useful” before it can be included. The replacement of hydroelectric power assets is required to assure repayment of the Federal investment, as is the funding of those replacements. Funding sources may include both direct Congressional appropriations and/or other alternative financing methods such as customer funding. In any event, adequate funding is assumed to enable replacements and, hence, to assure repayment. Unfunded Civil Service Retirement System Benefits *Comment:* One commenter reiterated its opposition to including the “unfunded CSRS” costs in the PRS. *Response:* Statement of Federal Financial Accounting Standards (SFFAS) No. 5, requires all Federal agencies, including Power Marketing Administrations (PMAs), to record the full cost of pension and postretirement benefits in financial statements beginning in fiscal year 1997. SFFAS No. 5 prescribes that the aggregate entry age normal

(AEAN)actuarial cost method be used to calculate pension expenses and accrued actuarial liabilities for pension benefits. Under the AEAN method, which is based on dynamic economic assumptions, including future salary increases, the actuarial present value of projected benefits is allocated on a level basis over the earnings or the service of the group between entry age and assumed exit ages and should be applied to pensions on the basis of a level percentage of earnings. The portion of this actuarial present value allocated to a valuation year is called the “normal cost”. The Office of Personnel Management

(OPM)applies the AEAN method to estimate the amount by which employer and employee contributions toward future Civil Service Retirement System

(CSRS)pension benefits fall short of the normal cost of those benefits. Southwestern has included an estimate of the unfunded portion of the CSRS costs in its Power Repayment Studies every year since 1998. All previous rate filings back to 1998 have been submitted through the DOE and ultimately approved by FERC. The FERC confirmed the Southwestern rate filings on a final basis and did not accept arguments to exclude the CSRS costs. Authority to collect revenues for the unfunded CSRS costs comes primarily from Section 5 of the Flood Control Act of 1944 which, in part, states “* * * Rate schedules shall be drawn having regard to the recovery” * * * “of the cost of producing and transmitting such electric energy, * * *” Unfunded CSRS has been determined to be a cost of producing and transmitting electricity. The Federal government funds the unfunded portion of the CSRS program just as it funds the funded portion of the CSRS program. All of the CSRS costs are properly included within Southwestern's cost estimates. Availability of Information Information regarding this rate proposal, including studies, comments and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, OK 74101. Administrator's Certification The August 2006 Revised Power Repayment Study indicates that the increased power rates will repay all costs of the Integrated System including amortization of the power investment consistent with the provisions of Department of Energy Order No. RA 6120.2. In accordance with Delegation Order No. 00-037.00, December 6, 2001, and Section 5 of the Flood Control Act of 1944, the Administrator has determined that the proposed System rates are consistent with applicable law and the lowest possible rates consistent with sound business principles. Environment The environmental impact of the proposed System rates was evaluated in consideration of DOE's guidelines for implementing the procedural provisions of the National Environmental Policy Act and was determined to fall within the class of actions that are categorically excluded from the requirements of preparing either an Environmental Impact Statement or an Environmental Assessment. Order In view of the foregoing and pursuant to the authority delegated to me the Deputy Secretary of Energy, I hereby confirm, approve and place in effect on an interim basis, effective October 1, 2006, the following Southwestern Integrated System Rate Schedules which shall remain in effect on an interim basis through September 30, 2010, or until the FERC confirms and approves the rates on a final basis. Dated: September 28, 2006. Clay Sell, *Deputy Secretary.* Department of Energy, Southwestern Power Administration Rate Schedule P-06 1 Wholesale Rates for Hydro Peaking Power *Effective:* During the period October 1, 2006, through September 30, 2010, in accordance with Rate Order No. SWPA-56 issued by the Deputy Secretary of Energy. 1 Supersedes Rate Schedule P-05 *Available:* In the marketing area of Southwestern Power Administration (Southwestern), described generally as the States of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas. *Applicable:* To wholesale Customers which have contractual rights from Southwestern to purchase Hydro Peaking Power and associated energy (Peaking Energy and Supplemental Peaking Energy). *Character and Conditions of Service:* Three-phase, alternating current, delivered at approximately 60 Hertz, at the nominal voltage(s), at the points of delivery, and in such quantities as are specified by contract. *Definitions of Terms: “Customer”* is the entity which is utilizing and/or purchasing hydroelectric power and associated energy and services from Southwestern pursuant to this rate schedule. The “ *Demand Period* ” used to determine maximum integrated rates of delivery for the purpose of power accounting is the 60-minute period which begins with the change of hour. The term “ *peak demand* ” means the highest rate of delivery, in kilowatts, for any Demand Period during a particular month, at any particular point of delivery. For the purposes of this Rate Schedule, the term “ *point of delivery* ” is used to mean either a single physical point at which electric power and energy are delivered from the System of Southwestern (defined below), or a specified set of delivery points which together form a single, electrically integrated load. “Peak demand” for such set of delivery points is computed as the coincidental highest rate of delivery among the specified points rather than as the sum of peak demands for each individual physical point of delivery. The term “ *Peaking Contract Demand* ” means the maximum rate in kilowatts at which Southwestern is, by contract, obligated to deliver Peaking Energy during any Demand Period. Unless otherwise provided by contract, the “ *Peaking Billing Demand* ” for any month shall be equal to the “Peaking Contract Demand.” The term “ *Uncontrollable Force* ,” as used herein, shall mean any force which is not within the control of the party affected, including, but not limited to failure of water supply, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, or restraint by court of general jurisdiction, which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid. The term “ *System of Southwestern* ” means the high-voltage transmission lines and related facilities Southwestern owns and operates, and/or has contractual rights to such transmission facilities owned by others. “ *Ancillary Services* ” are those services necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the System of Southwestern in accordance with good utility practice. Definitions of the Ancillary Services are as follows: “ *Scheduling, System Control, and Dispatch Service* ” is provided by Southwestern as Control Area operator and is in regard to interchange and load-match scheduling and related system control and dispatch functions. “ *Reactive Supply and Voltage Control from Generation Sources Service* ” is provided at transmission facilities in the System of Southwestern to produce or absorb reactive power and to maintain transmission voltages within specific limits. “ *Regulation and Frequency Response Service* ” is the continuous balancing of generation and interchange resources accomplished by raising or lowering the output of on-line generation as necessary to follow the moment-by-moment changes in load and to maintain frequency within a Control Area. “ *Spinning Operating Reserve Service* ” maintains generating units on-line, but loaded at less than maximum output, which may be used to service load immediately when disturbance conditions are experienced due to a sudden loss of generation or load. “ *Supplemental Operating Reserve Service* ” provides an additional amount of operating reserve sufficient to reduce Area Control Error to zero within 10 minutes following loss of generating capacity which would result from the most severe single contingency. “ *Energy Imbalance Service* ” corrects for differences over a period of time between schedules and actual hourly deliveries of energy to a load. Energy delivered or received within the authorized bandwidth (defined below) for this service is accounted for as an inadvertent flow and is returned to the providing party by the receiving party in accordance with standard utility practice. Energy Associated With Hydro Peaking Power *Peaking Energy:* 1,200 kilowatthours of Peaking Energy per kilowatt of Peaking Contract Demand will be furnished during each contract year. *Supplemental Peaking Energy:* Supplemental Peaking Energy (in addition to Peaking Energy) will be furnished if and when determined by Southwestern to be available, and at rates of delivery which do not exceed the Customer's Peaking Contract Demand. Monthly Rates for Peaking Contract Demand Capacity Charge for Hydro Peaking Power: 10/1/2006-9/30/2007 10/1/2007-9/30/2008 10/1/2008-9/30/2010 $3.03 per kilowatt of Peaking Billing Demand $3.18 per kilowatt of Peaking Billing Demand $3.51 per kilowatt of Peaking Billing Demand. Services Associated With Capacity Charge for Hydro Peaking Power The capacity charge for Hydro Peaking Power includes such transmission services as are necessary to integrate Southwestern's resources in order to reliably deliver Hydro Peaking Power and associated energy to Customers. This capacity charge also includes two ancillary services charges, Scheduling, System Control and Dispatch Service and Reactive Supply and Voltage Control from Generation Sources Service. Secondary Transmission Service Under Capacity Associated With Hydro Peaking Power Customers may utilize the capacity associated with Peaking Contract Demand for the transmission of non-Federal energy, on a non-firm, as-available basis, at no additional charge for such transmission service or associated Ancillary Services, under the following terms and conditions:

(1)The sum of the capacity, for any hour, which is used for Peaking Energy, Supplemental Peaking Energy, and Secondary Transmission Service, may not exceed the Peaking Contract Demand;

(2)The non-Federal energy transmitted under such secondary service is delivered to the Customer's point of delivery for Hydro Peaking Power;

(3)The Customer pays for or commits to provide Real Power Losses associated with such deliveries of non-Federal energy; and

(4)Southwestern determines that sufficient transfer capability exists between the point of receipt into the System of Southwestern of such non-Federal energy and the Customer's point of delivery for Hydro Peaking Power for the time period that such secondary transmission service is requested. Rates for Energy Associated With Hydro Peaking Power

(a)Peaking Energy Charge: 10/1/2006-9/30/2007 10/1/2007-9/30/2008 10/1/2008-9/30/2010 $0.0082 per kilowatthour of Peaking Energy delivered; plus

(c)$0.0082 per kilowatthour of Peaking Energy delivered; plus

(c)$0.0082 per kilowatthour of Peaking Energy delivered; plus (c).

(b)Supplemental Energy Charge: 10/1/2006-9/30/2007 10/1/2007-9/30/2008 10/1/2008-9/30/2010 $0.0055 per kilowatthour of Peaking Energy $0.0082 per kilowatthour of Peaking Energy $0.0082 per kilowatthour of Peaking Energy.

(c)A purchased power adder of $0.0067 per kilowatthour of Peaking Energy delivered, as adjusted by the Administrator, Southwestern, in accordance with the procedure within this rate schedule. This adder does not apply to: Supplemental Peaking Energy, or Sales to any Customer which, by contract, has assumed the obligation to supply energy to fulfill the minimum of 1,200 kilowatthours of Peaking Energy per kilowatt of Peaking Contract Demand during a contract year (Contract Support Arrangements). Monthly Rates for Transformation Service *Capacity Charges for Transformation Service:* A charge of $0.30 per kilowatt will be assessed for capacity used to deliver energy at any point of delivery at which Southwestern provides transformation service for deliveries at voltages of 69 kilovolts or less from higher voltage facilities. Application of Capacity Charges for Transformation Service For any particular month, charges for transformation service will be assessed on the greater of

(1)that month's actual peak demand, or

(2)the highest peak demand recorded during the previous 11 months, at any point of delivery. For the purpose of this Rate Schedule, the peak demand will be based on all deliveries, of both Federal and non-Federal energy, from the System of Southwestern, at such point during such month. Rates for Ancillary Services *Capacity Charges For Ancillary Services:*

(a)Regulation and Frequency Response Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly rate $0.08 per kilowatt of Peaking Billing Demand $0.09 per kilowatt of Peaking Billing Demand.

(b)Spinning Operating Reserve Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly rate $0.0079 per kilowatt of Peaking Billing Demand $0.0092 per kilowatt of Peaking Billing Demand. Daily rate $0.00036 per kilowatt for non-Federal generation inside Southwestern's control area $0.00042 per kilowatt for non-Federal generation inside Southwestern's control area.

(c)Supplemental Operating Reserve Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly rate $0.0079 per kilowatt of Peaking Billing Demand $0.0092 per kilowatt of Peaking Billing Demand. Daily rate $0.00036 per kilowatt for non-Federal generation inside Southwestern's control area $0.00042 per kilowatt for non-Federal generation inside Southwestern's control area.

(d)Energy Imbalance Service: $0.0 per kilowatt for all reservation periods. Availability of Ancillary Services Ancillary Services

(a)and

(d)listed above are available only for deliveries of power and energy to load centers within Southwestern's Control Area. Ancillary Services

(b)and

(c)listed above are available only for deliveries of non-Federal power and energy generated by resources located within Southwestern's Control Area and for deliveries of all Hydro Peaking Power and associated energy from and within Southwestern's Control Area. Where available, such Ancillary Services must be taken from Southwestern; unless, subject to Southwestern's approval, they are provided by others. Application of Ancillary Services Charges For any month, the charges for Ancillary Services (a), (b),

(c)and

(d)listed above for deliveries of Hydro Peaking Power shall be based on the Peaking Billing Demand. The daily charge for Ancillary Services

(b)and

(c)for non-Federal generation inside Southwestern's Control Area shall be applied to the greater of Southwestern's previous day's estimate of the peak, or the actual peak, in kilowatts, of the internal non-Federal generation. Provision of Ancillary Services by Others Customers for which Ancillary Services (a), (b),

(c)and

(d)are made available as specified above, must inform Southwestern by written notice of the Ancillary Services which they do *not* intend to take and purchase from Southwestern, and of their election to provide all or part of such Ancillary Services from their own resources or from a third party. Subject to Southwestern's approval of the ability of such resources or third parties to meet Southwestern's technical requirements for provision of such Ancillary Services, the Customer may change the Ancillary Services which it takes from Southwestern and/or from other sources at the beginning of any month upon the greater of 60 days notice or upon completion of any necessary equipment modifications necessary to accommodate such change. Limitations on Energy Imbalance Service Energy Imbalance Service primarily applies to deliveries of power and energy which are required to satisfy a Customer's load. As Hydro Peaking Power and associated energy are limited by contract, the Energy Imbalance Service bandwidth specified in Southwestern's Open Access Transmission Service tariff does not apply to deliveries of Hydro Peaking Power, and therefore Energy Imbalance Service is not charged on such deliveries. Customers who consume a capacity of Hydro Peaking Power greater than their Peaking Contract Demand may be subject to a Capacity Overrun Penalty. Application of Capacity Overrun Penalty Customers which have loads within Southwestern's Control Area are obligated by contract to provide resources, over and above the Hydro Peaking Power and associated energy purchased from Southwestern, sufficient to meet their loads. A Capacity Overrun Penalty shall be applied only when the formulas provided in Customers' contracts indicate an overrun on Hydro Peaking Power, *and* investigation determines that all resources, both firm and non-firm, which were available at the time of the apparent overrun were insufficient to meet the Customer's load. Capacity Overrun Penalty *For each hour* during which Hydro Peaking Power was provided at a rate greater than that to which the Customer is entitled, the Customer will be charged a capacity overrun penalty at the following rates: Months associated with charge Rate per kilowatt March, April, May, October, November, December $0.15 January, February, June, July, August, September 0.30 *Application of Energy Overrun Penalty:* By contract, the Customer is subject to limitations on the maximum amounts of Peaking Energy which may be scheduled during any month or during any four consecutive months. When the Customer schedules an amount in excess of such maximum amounts for any month, or schedules more than 1,200 hours of Peaking Energy per kilowatt of Peaking Contract Demand in any contract year, such Customer is subject to the Energy Overrun Penalty. *Energy Overrun Penalty:* For each kilowatthour of overrun: $0.0902 per kilowatthour. Rates for Real Power Losses The Customer shall purchase real power losses unless it elects to self-provide such losses under the provision detailed below in *Annual Election to Self Provide Real Power Losses.* Real Power Losses are computed as four

(4)percent of the total amount of non-Federal energy transmitted under a particular Customer's Peaking Contract Demand. The monthly charge for such Real Power Losses will be computed on a per kilowatthour basis as follows: MC = .04 × NFE × R With the factors defined as follows: MC = The monthly charge ($) by Southwestern for Real Power Losses of non-Federal energy transmitted under the capacity associated with Hydro Peaking Power; NFE = The amount of non-Federal energy

(kWh)transmitted under a Customer's Peaking Contract Demand during a particular month; and R = The rate for Real Power Losses ($ per kWh), is equal to the average of Southwestern's actual costs for the purchase of energy to replace Real Power Losses during the previous fiscal year (October through September), as reflected in Southwestern's financial records. The rate for Real Power Losses will be posted on Southwestern's OASIS by November 1 of each year. This rate will be effective for one year beginning January 1 of each calendar year. *Annual Election to Self Provide Real Power Losses:* The Customer may elect, on an annual basis, to self-provide all loss energy for which it is responsible subject to the following conditions:

(1)Such election for self-provision shall be for a full calendar year (January through December) for that Customer and shall be exercised by execution of a service agreement, or equivalent, before December 1 of the prior calendar year;

(2)Unless otherwise specified in the service agreement, the Customer shall schedule the delivery of real power losses into the System of Southwestern at the rate of one megawatt of real power losses for every 25 megawatts of non-Federal power and energy delivered to Customers' loads served from the points of delivery set forth in the Southwestern/Customer contract;

(3)For any new customer taking transmission service from Southwestern, election to self-provide real power losses shall be made at the time the contract is negotiated. Such service shall be implemented as provided for in the contract and the election to self-provide shall apply through the end of that calendar year for all transmission services. *Requirements Related to Power Factor:* Any Customer served from facilities owned by or available by contract to Southwestern will be required to maintain a power factor of not less than 95 percent and will be subject to the following provisions. *Determination of Power Factor:* The power factor will be determined for all Demand Periods and shall be calculated under the formula: EN12OC06.014 With the factors defined as follows: PF = The power factor for any Demand Period of the month. kWh = The total quantity of energy which is delivered during such Demand Period to the point of delivery or interconnection. rkVAh = The total quantity of reactive kilovolt-ampere-hours (kvars) delivered during such Demand Period to the point of delivery or interconnection. *Power Factor Penalty and Assessment:* The Customer shall be assessed a penalty for all Demand Periods of a month where the power factor is less than 95 percent lagging. For any Demand Period during a particular month such penalty shall be in accordance with the following formula: C = D × (.95 − LPF) × $0.10. With the factors defined as follows: C = The charge in dollars to be assessed for any particular Demand Period of such month that the Determination of Power Factor “PF” is calculated to be less than 95 percent lagging. D = The Customer's demand in kilowatts at the point of delivery for such Demand Period in which a low power factor was calculated. LPF = The lagging power factor, if any, determined by the formula “PF” for such Demand Period. If C is negative, then C = zero (0). *Application of Power Factor Penalty:* The Power Factor Penalty is applicable to radial interconnections with the System of Southwestern. The total Power Factor Penalty for any month shall be the sum of all charges “C” for all Demand Periods of such month. No penalty is assessed for leading power factor. Southwestern, in its sole judgment and at its sole option, may determine whether power factor calculations should be applied to a single physical point of delivery or to multiple physical points of delivery where a Customer has a single, electrically integrated load served through multiple points or interconnections. The general criteria for such decision shall be that, given the configuration of the Customer's and Southwestern's systems, Southwestern will determine, in its sole judgment and at its sole option, whether the power factor calculation more accurately assesses the detrimental impact on Southwestern's system when the above formula is calculated for a single physical point of delivery or for a combination of physical points or for an interconnection as specified by an Interconnection Agreement. Southwestern, at its sole option, may reduce or waive power factor penalties when, in Southwestern's sole judgment, low power factor conditions were not detrimental to the System of Southwestern due to particular loading and voltage conditions at the time the power factor dropped below 95 percent lagging. *Adjustment for Reduction in Service:* If, during any month, the quantity of Peaking Contract Demand of Southwestern's 1200 hour peaking power sales customers that is scheduled by the customer for delivery is reduced by Southwestern for a period or periods of not less than two consecutive hours by reason of an outage caused by either an Uncontrollable Force or by the installation, maintenance, replacement or malfunction of generation, transmission and/or related facilities on the System of Southwestern, or insufficient pool levels, the Customer's capacity charges for such month will be reduced for each such reduction in service by an amount computed under the formula: R = (C × K × H) ÷ S with the factors defined as follows: R = The dollar amount of reduction in the monthly total capacity charges for a particular reduction of not less than two consecutive hours during any month, except that the total amount of any such reduction shall not exceed the product of the Customer's capacity charges associated with Hydro Peaking Power times the Peaking Billing Demand. C = The Customer's capacity charges associated with Hydro Peaking Power for the Peaking Billing Demand for such month. K = The reduction in kilowatts in Peaking Billing Demand for a particular event. H = The number of hours duration of such particular reduction. S = The number of hours that Peaking Energy is scheduled during such month, but not less than 60 hours times the Peaking Contract Demand. Such reduction in charges shall fulfill Southwestern's obligation to deliver Peaking Power and Peaking Energy. Procedure for Determining Southwestern's Net Purchased Power Adder Adjustment Not more than twice annually, the Purchased Power Adder of $.0067 (6.7 mills) per kilowatthour of Peaking Energy, as noted in this Rate Schedule, may be adjusted by the Administrator, Southwestern, by an amount up to a total of (±$.0067 (6.7 mills) per kilowatthour per year, as calculated by the following formula: ADJ = (PURCH −EST + DIF) ÷ SALES with the factors defined as follows: ADJ = The dollar amount of the total adjustment, plus or minus, to be applied to the Net Purchased Power Adder, rounded to the nearest $.0001 per kilowatthour, provided that the total ADJ to be applied in any year shall not vary from the then-effective ADJ by more than $.0067 per kilowatthour; PURCH = The actual total dollar cost of Southwestern's System Direct Purchases as accounted for in the financial records of the Southwestern Federal Power System for the period; EST = The estimated total dollar cost ($15,064,500 per year) of Southwestern's System Direct Purchases used as the basis for the Purchased Power Adder of $.0067 per kilowatthour of Peaking Energy; DIF = The accumulated remainder of the difference in the actual and estimated total dollar cost of Southwestern's System Direct Purchases since the effective date of the currently approved Purchased Power Adder set forth in this rate schedule, which remainder is not projected for recovery through the ADJ in any previous periods; SALES = The annual Total Peaking Energy sales projected to be delivered (2,241,300,000 KWh per year) from the System of Southwestern, which total was used as the basis for the $.0067 per kilowatthour Purchased Power Adder. Department of Energy, Southwestern Power Administration Rate Schedule NFTS-06 1 Wholesale Rates For Non-Federal Transmission/Interconnection Facilities Service 1 Supersedes Rate Schedule NFTS-05. *Effective:* During the period October 1, 2006, through September 30, 2010, in accordance with Rate Order No. SWPA-56 issued by the Deputy Secretary of Energy. *Available:* In the region where Southwestern Power Administration (Southwestern) owns and operates high-voltage transmission lines and related facilities, and/or has contractual rights to such transmission facilities owned by others (System of Southwestern). *Applicable:* To Customers which have executed Service Agreements with Southwestern for the transmission of non-Federal power and energy over the System of Southwestern or for its use for interconnections. Southwestern will provide services over those portions of the System of Southwestern in which the Administrator, Southwestern, in his or her sole judgment, has determined that uncommitted transmission and transformation capacities in the System of Southwestern are and will be available in excess of the capacities required to market Federal power and energy pursuant to Section 5 of the Flood Control Act of 1944 (58 Stat. 887,890; 16 U.S.C. 825s). *Character and Conditions of Service:* Service will be provided as 3-phase, alternating current, at approximately 60 Hertz, and at the voltage level of the point(s) specified by Service Agreement or Transmission Service Transaction. *Definitions of Terms:* A *Customer* is the entity which is utilizing and/or purchasing services from Southwestern pursuant to this rate schedule. A “ *Service Agreement* ” is a contract executed between a Customer and Southwestern for the transmission of non-Federal power and energy over the System of Southwestern or for interconnections. Service Agreements include: “ *Firm Transmission Service Agreements* ” that provide for reserved transmission capacity on a firm basis, for a particular point-to-point delivery path. “ *Non-Firm Transmission Service Agreements* ” that provide for the Customer to request transmission service on a non-firm basis. “ *Network Transmission Service Agreements* ” that provide for the Customer to request firm transmission service for the delivery of capacity and energy from the Customer's network resources to the Customer's network load, for a period of one year or more. “ *Interconnection Agreements* ” that provide for the use of the System of Southwestern and recognize the exchange of mutual benefits for such use or provide for application of a charge for Interconnection Facilities Service. A “ *Service Request* ” is made under a Transmission Service Agreement through Southwestern's Open Access Same-Time Information System (OASIS) for reservation of transmission capacity over a particular point-to-point delivery path for a particular period. When a Service Request is approved by Southwestern, it becomes a “ *Transmission Service Transaction.* ” The Customer must submit hourly schedules for actual service in addition to the Service Request. “ *Firm Point-to-Point Transmission Service* ” is transmission service reserved on a firm basis between specific points of receipt and delivery pursuant to either a Firm Transmission *Agreement or to a Transmission Service Transaction. “Non-Firm Point-to-Point Transmission Service* ” is transmission service reserved on a non-firm basis for specific points of receipt and delivery pursuant to a Transmission Service Transaction. “ *Network Integration Transmission Service* ” is transmission service provided under Part III of Southwestern's Open Access Transmission Service Tariff which provides the Customer with firm transmission service for the delivery of capacity and energy from the Customer's resources to the Customer's load. “ *Secondary Transmission Service* ” is associated with Firm Point-to-Point Transmission Service and Network Integration Transmission Service. For Firm Point-to-Point Transmission Service, it consists of transmission service provided on an as-available, non-firm basis, scheduled within the limits of a particular capacity reservation for transmission service, and scheduled from points of receipt, or to points of delivery, other than those designated in a Long-Term Firm Transmission Agreement or a Transmission Service Transaction for Firm Point-to-Point Transmission Service. For Network Integration Transmission Service, Secondary Transmission Service consists of transmission service provided on an as-available, non-firm basis, from resources other than the Network Resources designated in a Network Transmission Service Agreement, to meet the Customer's Network Load. The charges for Secondary Transmission Service, other than Real Power Losses and Ancillary Services, are included in the applicable capacity charges for Firm Point-to-Point Transmission Service and Network Integration Transmission Service. The “ *Demand Period* ” used to determine a maximum integrated rate of delivery for the purposes of power accounting is the 60-minute period which begins with the change of hour. The term “ *Peak Demand* ” means the highest rate of delivery, in kilowatts, for any Demand Period during a particular month, at any particular point of delivery or interconnection. For the purposes of this rate schedule, the term “ *Point of Delivery* ” is used to mean either a single physical point to which electric power and energy are delivered from the System of Southwestern, or a specified set of delivery points which together form a single, electrically integrated load. Peak Demand for such set of points is computed as the coincidental highest rate of delivery among the specified points rather than as the sum of peak demands for each individual physical point. “ *Ancillary Services* ” are those services necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the System of Southwestern in accordance with good utility practice. Ancillary Services include: “ *Scheduling, System Control, and Dispatch Service* ” is provided by Southwestern as Control Area operator and is in regard to interchange and load-match scheduling and related system control and dispatch functions. “ *Reactive Supply and Voltage Control from Generation Sources Service* ” is provided at transmission facilities in the System of Southwestern to produce or absorb reactive power and to maintain transmission voltages within specific limits. “ *Regulation and Frequency Response Service* ” is the continuous balancing of generation and interchange resources accomplished by raising or lowering the output of on-line generation as necessary to follow the moment-by-moment changes in load and to maintain frequency within a Control Area. “ *Spinning Operating Reserve Service* ” maintains generating units on-line, but loaded at less than maximum output, which may be used to service load immediately when disturbance conditions are experienced due to a sudden loss of generation or load. *“Supplemental Operating Reserve Service”* provides an additional amount of operating reserve sufficient to reduce Area Control Error to zero within 10 minutes following loss of generating capacity which would result from the most severe single contingency. *“Energy Imbalance Service”* corrects for differences over a period of time between schedules and actual hourly deliveries of energy to a load. *“Interconnection Facilities Service”* provides for the use of the System of Southwestern to deliver energy and/or provide system support at an interconnection. Rates for Firm Point-to-Point Transmission Service *Capacity Charges for Firm Transmission Service:* 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.90 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a longer term agreement $0.95 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a longer term agreement. Weekly $0.225 per kilowatt of transmission capacity reserved in increments of one week of service $0.238 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.0409 per kilowatt of transmission capacity reserved in increments of one day of service $0.0432 per kilowatt of transmission capacity reserved in increments of one day of service. Service Associated with Capacity Charges for Firm Point-to-Point Transmission Service The capacity charge for firm transmission service includes Secondary Transmission Service, but does not include charges for Ancillary Services or for Real Power Losses associated with actual schedules. Application of Capacity Charges for Firm Point-to-Point Transmission Service Capacity charges for firm transmission service are applied to quantities reserved by contract under a Firm Transmission Agreement or in accordance with a Transmission Service Transaction. Customers, unless otherwise specified by contract, will be charged on the greatest of

(1)the Peak Demand at any particular point of delivery during a particular month, rounded up to the nearest whole megawatt, or

(2)the highest Peak Demand recorded at such point of delivery during any of the previous 11 months, rounded up to the nearest whole megawatt, or

(3)the capacity reserved by contract; which amount shall be considered such Customer's reserved capacity. Secondary Transmission Service for such Customers shall be limited during any month to the most recent Peak Demand on which a particular Customer is billed or to the capacity reserved by contract, whichever is greater. Rates for Non-Firm Point-to-Point Transmission Service Capacity Charges for Non-Firm Transmission Service *Monthly:* 80 percent of the firm monthly charge of transmission capacity reserved in increments of one month of service. *Weekly:* 80 percent of the firm monthly charge divided by 4 of transmission capacity reserved in increments of one week of service. *Daily:* 80 percent of the firm monthly charge divided by 22 of transmission capacity reserved in increments of one day of service. *Hourly:* 80 percent of the firm monthly charge divided by 352 of transmission capacity reserved in increments of one hour of service. Application of Charges for Non-Firm Point-to-Point Transmission Service Capacity charges for Non-Firm Transmission Service are applied to quantities reserved under a Transmission Service Transaction, and do not include charges for Ancillary Services or Real Power Losses. Rates for Network Integration Transmission Service *Annual Revenue Requirement for Network Integration Service:* 10/1/2006-9/30/2008 10/1/2008-9/30/2010 $9,155,900 $9,431,500 *Monthly Revenue Requirement for Network Integration Service:* 10/1/2006-9/30/2008 10/1/2008-9/30/2010 $762,992 $785,958 *Net Capacity Available for Network Integration Service:* 10/1/2006-9/30/2008 10/1/2008-9/30/2010 845,000 kilowatts 828,000 kilowatts. *Capacity Charge for Network Integration Transmission Service:* 10/1/2006-9/30/2008 10/1/2008-9/30/2010 $0.90 per kilowatt of Network Load ($762,992/845,000 kilowatts $0.95 per kilowatt of Network Load ($785,958/828,000 kilowatts. Application of Charge for Network Integration Transmission Service Network Integration Transmission Service is available only for deliveries of non-Federal power and energy, and is applied to the Customer utilizing such service exclusive of any deliveries of Federal power and energy. The capacity on which charges for any particular Customer utilizing this service is determined on the greatest of

(1)the Peak Demand at any particular point of delivery during a particular month, rounded up to the nearest whole megawatt, or

(2)the highest Peak Demand recorded at such point of delivery during any of the previous 11 months, rounded up to the nearest whole megawatt. For those Customers taking Network Integration Transmission Service who are also taking delivery of Federal Power and Energy, the Peak Demand shall be determined by subtracting the energy scheduled for delivery of Federal Power and Energy for any hour from the metered demand for such hour. Secondary transmission Service for such Customers shall be limited during any month to the most recent Peak Demand on which a particular Customer is billed. Charges for Ancillary Services and for Real Power Losses shall also be assessed. Rates for Real Power Losses The Customer shall purchase real power losses unless it elects to self-provide such losses under the provisions detailed below in Annual Election to Self-Provide Real Power Losses. Real Power Losses are computed as four

(4)percent of the total amount of non-Federal energy transmitted on behalf of a Customer. The monthly charge for such Real Power Losses will be computed on a per kilowatthour basis as follows: MC = .04 × NFE × R with the factors defined as follows: MC = The monthly charge ($) by Southwestern for Real Power Losses of non-Federal energy transmitted on behalf of a Customer; NFE = The amount of non-Federal energy

(kWh)transmitted on behalf of a Customer during a particular month; and R = The rate for Real Power Losses ($ per kWh), is an average of Southwestern's actual costs for the purchase of energy to replace Real Power Losses during the previous fiscal year (October through September), as reflected in Southwestern's financial records. The rate for Real Power Losses will be posted on Southwestern's OASIS by November 1 of each year. This rate will become effective for one year beginning January 1 of each calendar year. *Annual Election to Self-Provide Real Power Losses:* The Customer may elect, on an annual basis, to self-provide all loss energy for which it is responsible, subject to the following conditions:

(1)Such election for self-provision shall be for a full calendar year (January through December) for that Customer and shall be exercised by execution of a Service Agreement, or equivalent, before December 1 of the prior calendar year.

(4)Unless otherwise specified in the Service Agreement, the Customer shall schedule the delivery of real power losses in the System of Southwestern at the rate of one megawatt of real power losses for every 25 megawatts of non-Federal power and energy delivered to Customers' loads served from the points of delivery set forth in the Southwestern/Customer contract.

(5)For any new Customer taking transmission service from Southwestern, election to self-provide real power losses shall be made at the time the contract is negotiated. Such service shall be implemented as provided for in the contract and the election to self-provide shall apply through the end of that calendar year for all transmission services. Monthly Capacity Charges for Transformation Service A charge of $0.30 per kilowatt will be assessed for capacity used to deliver energy at any point of delivery at which Southwestern provides transformation for deliveries at voltages of 69 kilovolts or less from higher voltage facilities. Application of Capacity Charges for Transformation Service For any particular month, charges for transformation service will be assessed on the greater of

(1)that month's actual Peak Demand, or

(2)the highest Peak Demand recorded during the previous 11 months. For the purpose of this rate schedule, the Peak Demand will be based on all deliveries, of both Federal and non-Federal energy, from the System of Southwestern, at such point during such month. Rates for Ancillary Services Capacity Charges for Ancillary Services Associated with Transmission Services

(a)Scheduling, System Control, and Dispatch Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.06 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement $0.06 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement. Weekly $0.015 per kilowatt of transmission capacity reserved in increments of one week of service $0.015 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.0027 per kilowatt of transmission capacity reserved in increments of one day of service $0.0027 per kilowatt of transmission capacity reserved in increments of one day of service. Hourly $0.00017 per kilowatt of energy delivered as non-firm transmission service $0.00017 per kilowatt of energy delivered as non-firm transmission service.

(b)Reactive Supply and Voltage Control from Generation Sources Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.03 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement $0.04 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement. Weekly $0.008 per kilowatt of transmission capacity reserved in increments of one week of service $0.010 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.0014 per kilowatt of transmission capacity reserved in increments of one day of service $0.0018 per kilowatt of transmission capacity reserved in increments of one day of service. Hourly $0.00009 per kilowatt of energy delivered as non-firm transmission service $0.00011 per kilowatt of energy delivered as non-firm transmission service.

(c)Regulation and Frequency Response Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.08 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement $0.09 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement. Weekly $0.020 per kilowatt of transmission capacity reserved in increments of one week of service $0.023 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.0036 per kilowatt of transmission capacity reserved in increments of one day of service $0.0041 per kilowatt of transmission capacity reserved in increments of one day of service. Hourly $0.00023 per kilowatt of energy delivered as non-firm transmission service $0.00026 per kilowatt of energy delivered as non-firm transmission service.

(d)Spinning Operating Reserve Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.0079 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement $0.0092 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement. Weekly $0.00198 per kilowatt of transmission capacity reserved in increments of one week of service $0.023 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.00036 per kilowatt of transmission capacity reserved in increments of one day of service $0.00042 per kilowatt of transmission capacity reserved in increments of one day of service. Hourly $0.00002 per kilowatt of energy delivered as non-firm transmission service $0.00003 per kilowatt of energy delivered as non-firm transmission service.

(e)Supplemental Operating Reserve Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 Monthly $0.0079 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement $0.0092 per kilowatt of transmission capacity reserved in increments of one month of service or invoiced in accordance with a Long-Term Firm Transmission Agreement or Network Transmission Service Agreement. Weekly $0.00198 per kilowatt of transmission capacity reserved in increments of one week of service $0.0023 per kilowatt of transmission capacity reserved in increments of one week of service. Daily $0.00036 per kilowatt of transmission capacity reserved in increments of one day of service $0.00042 per kilowatt of transmission capacity reserved in increments of one day of service. Hourly $0.00002 per kilowatt of energy delivered as non-firm transmission service $0.00003 per kilowatt of energy delivered as non-firm transmission service.

(f)Energy Imbalance Service: $0.0 per kilowatt for all periods of reservation Availability of Ancillary Services Ancillary Services

(a)and

(b)are available for all transmission services in and from the System of Southwestern and shall be provided by Southwestern. Ancillary Services

(c)and

(f)listed above are available only for deliveries of power and energy serving load within Southwestern's Control Area and shall be provided by Southwestern, unless, subject to Southwestern's approval, they are provided by others. Ancillary Services

(d)and

(e)are available only for deliveries of power and energy generated by resources located within Southwestern's Control Area and shall be provided by Southwestern, unless, subject to Southwestern's approval, they are provided by others. Application of Ancillary Services Charges Charges for all Ancillary Services are applied to the reserved or network transmission service taken by the Customer in accordance with the rates listed above when such services are provided by Southwestern. The charges for Ancillary Services are considered to include Ancillary Services for any Secondary Transmission Service, except in cases where Ancillary Services

(c)through

(f)are applicable to a Secondary Transmission Service transaction, but are not applicable to the firm capacity reservation under which Secondary Transmission Service is provided. When charges for Ancillary Services are applicable to Secondary Transmission Service, the charge for the Ancillary Service shall be the hourly rate applied to all energy transmitted utilizing the Secondary Transmission Service. Provision of Ancillary Services by Others Customers for which Ancillary Services

(c)through

(f)are made available as specified above must inform Southwestern by written notice of the Ancillary Services which they do not intend to take and purchase from Southwestern, and their election to provide all or part of such Ancillary Services from their own resources or a third party. Subject to Southwestern's approval of the ability of such resources or third parties to meet Southwestern's technical requirements for provision of such Ancillary Services, the customer may change the Ancillary Services which it takes from Southwestern and/or from other sources at the beginning of any month upon the greater of 60 days written notice or upon the completion of any necessary equipment modifications necessary to accommodate such change. Such notice requirements also apply to requests for Southwestern to provide Ancillary Services when such services are available as specified above. Limitations on Energy Imbalance Service Energy Imbalance Service is authorized for use only within a bandwidth of ±1.5 percent of the actual requirements of the load at a particular point of delivery, for any hour, compared to the resources scheduled to meet such load during such hour. Deviations which are greater than ±1.5 percent, but which are less than ±2,000 kilowatts, are considered to be within the authorized bandwidth. Deviations outside the authorized bandwidth are subject to a Capacity Overrun Penalty. Energy delivered or received within the authorized bandwidth for this service is accounted for as an inadvertent flow and will be netted against flows in the future. The inadvertent flow in any given hour will only be offset with the flows in the corresponding hour of a day in the same category. The two categories of days are weekdays and weekend days/North American Electric Reliability Council holidays. This process will result in a separate inadvertent accumulation for each hour of the two categories of days. The hourly accumulations in the current month will be added to the hourly inadvertent balances from the previous month, resulting in a month-end balance for each hour. The Customer is required to adjust the scheduling of resources in such a way as to reduce the accumulation towards zero. It is recognized that the inadvertent hourly flows can be both negative and positive, and that offsetting flows should deter a significant accumulation of inadvertent. In the event any hourly month-end balance exceeds 12 MWHs, the excess will be subject to the *Application of Capacity Overrun Penalty* or the *Unauthorized Use of Energy Imbalance Service by Overscheduling of Resources* provisions, depending on the direction of the accumulation. Application of Capacity Overrun Penalty Customers, who receive deliveries within Southwestern's Control Area, are obligated to provide resources sufficient to meet their loads. Such obligation is not related to the amount of transmission capacity that such Customers may have reserved for transmission service to a particular load. Customers whose resources are scheduled by Southwestern are not subject to this provision. In the event that a Customer under schedules its resources to meet its load, resulting in a difference between resources and actual metered load (adjusted for transformer losses as applicable) outside the authorized bandwidth for Energy Imbalance Service for any hour, then such Customer is subject to the following penalty: Capacity Overrun Penalty *For each hour* during which energy flows outside the authorized bandwidth, the Customer will be obliged to purchase such energy at the following rates: Months associated with charge Rate per kilowatt March, April, May, October, November, December $0.15 January, February, June, July, August, September $0.30 Unauthorized Use of Energy Imbalance Service by Overscheduling of Resources In the event that a Customer schedules greater resources than are needed to meet its load, such that energy flows at rates beyond the authorized bandwidth for the use of Energy Imbalance Service, Southwestern retains such energy at no cost to Southwestern and with no obligation to return such energy. Customers whose resources are scheduled by Southwestern are not subject to this provision. Application of Charge for Interconnection Facilities Service Any Customer that requests an interconnection from Southwestern which, in Southwestern's sole judgment and at its sole option, does not provide commensurate benefits or compensation to Southwestern for the use of its facilities shall be assessed a capacity charge for Interconnection Facilities Service. For any month, charges for Interconnection Facilities Service shall be assessed on the greater of

(1)that month's actual Peak Demand, or

(2)the highest Peak Demand recorded during the previous eleven months, as metered at the interconnection. The use of Interconnection Facilities Service will be subject to power factor provisions as specified in this rate schedule. The interconnection customer shall also be assessed charges for Real Power Losses on metered flow through the interconnection where Interconnection Facilities Services is assessed. Rate for Interconnection Facilities Service The monthly capacity charge for Interconnection Facilities Service: 10/1/2006-9/30/2008 10/1/2008-9/30/2010 $0.90 per kilowatt $0.95 per kilowatt. Requirements Related to Power Factor Any Customer served from facilities owned by or available by contract to Southwestern will be required to maintain a power factor of not less than 95 percent and will be subject to the following provisions. Determination of Power Factor The power factor will be determined for all Demand Periods and shall be calculated under the formula: EN12OC06.015 With the factors defined as follows: PF = The power factor for any Demand Period of the month. kWh = The total quantity of energy which is delivered during such Demand Period to the point of delivery or interconnection. rkVAh = The total quantity of reactive kilovolt-ampere-hours (kvars) delivered during such Demand Period to the point of delivery or interconnection. Power Factor Penalty and Assessment The Customer shall be assessed a penalty for all Demand Periods of a month where the power factor is less than 95 percent lagging. For any Demand Period during a particular month such penalty shall be in accordance with the following formula: C = D × (.95 − LPF) × $0.10 with the factors defined as follows: C = The charge in dollars to be assessed for any particular Demand Period of such month that the Determination of Power Factor “PF” is calculated to be less than 95 percent lagging. D = The Customer's demand in kilowatts at the point of delivery for such Demand Period in which a low power factor was calculated. LPF = The lagging power factor, if any, determined by the formula “PF” for such Demand Period. If C is negative, then C = zero (0). Application of Power Factor Penalty The Power Factor Penalty is applicable to radial interconnections with the System of Southwestern. The total Power Factor Penalty for any month shall be the sum of all charges “C” for all Demand Periods of such month. No penalty is assessed for leading power factor. Southwestern, in its sole judgment and at its sole option, may determine whether power factor calculations should be applied to a single physical point of delivery or to multiple physical points of delivery where a Customer has a single, electrically integrated load served through multiple points or interconnections. The general criteria for such decision shall be that, given the configuration of the Customer's and Southwestern's systems, Southwestern will determine, in its sole judgment and at its sole option, whether the power factor calculation more accurately assesses the detrimental impact on Southwestern's system when the above formula is calculated for a single physical point of delivery or for a combination of physical points or for an interconnection as specified by an Interconnection Agreement. Southwestern, at its sole option, may reduce or waive power factor penalties when, in Southwestern's sole judgment, low power factor conditions were not detrimental to the System of Southwestern due to particular loading and voltage conditions at the time the power factor dropped below 95 percent lagging. Department of Energy, Southwestern Power Administration Rate Schedule EE-06 1 Wholesale Rate for Excess Energy *Effective:* During the period October 1, 2006, through September 30, 2010, in accordance with Rate Order No. SWPA-56 issued by the Deputy Secretary of Energy. 1 Supersedes Rate Schedule EE-05. *Available:* In the marketing area of Southwestern Power Administration (Southwestern), described generally as the States of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas. *Applicable:* To electric utilities which, by contract, may purchase Excess Energy from Southwestern. *Character and Conditions of Service:* Three-phase, alternating current, delivered at approximately 60 Hertz, at the nominal voltage and points of delivery specified by contract. *Energy Associated with this Rate Schedule:* Excess Energy will be furnished at such times and in such amounts as Southwestern determines to be available. *Transmission and Related Ancillary Services:* Transmission service for the delivery of Excess Energy shall be the sole responsibility of such customer purchasing Excess Energy. *Rate for Excess Energy:* Energy Charge: 10/1/2006-9/30/2007 10/1/2007-9/30/2010 $0.0055 per kilowatthour $0.0082 per kilowatthour. [FR Doc. E6-16912 Filed 10-11-06; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8230-6; Docket ID No. EPA-HQ-ORD-2004-0002] Draft Toxicological Review of Dichlorobenzenes: In Support of Summary Information on the Integrated Risk Information System

(IRIS)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Extension of Public Comment Period, Rescheduled External Peer Review Panel Meeting, and Meeting Format Change. SUMMARY: The EPA is extending the public comment period and rescheduling an external peer review panel meeting to review selected sections of the EPA National Center for Environmental Assessment

(NCEA)final draft document titled, “Toxicological Review of Dichlorobenzenes: In Support of Summary Information on the Integrated Risk Information System (IRIS)” (EPA/635/R-03/015), regarding the inhalation reference concentration

(RfC)and inhalation cancer assessment for 1,4-dichlorobenzene. The EPA is also changing the format of this external peer review meeting to include both a teleconference and an in-person panel meeting. On July 11, 2006, EPA published a **Federal Register** notice (71 FR 39113) announcing a comment period that ended August 9 and an external peer review panel meeting (by teleconference) that was scheduled for August 16. On August 11, 2006, EPA published a second **Federal Register** notice announcing an extension of the public comment period to October 10 and a rescheduling of the external peer review meeting to October 30. EPA is extending the public comment period to October 17, 2006, rescheduling the external peer review meeting to November 3, 2006, and changing the format to include both a face-to-face meeting and a teleconference option for participation. This extended public comment period and change in format for the external peer review are in response to requests from the public. The public comment period and the external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the document. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to EPA's contractor, the Oak Ridge Institute for Science and Education (ORISE), for consideration by the external peer review panel prior to the meeting. As previously stated in 71 FR 39113 and 71 FR 46220, EPA is releasing this draft document solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. ORISE invites the public to register to attend this peer review panel meeting as observers, either in person or by telephone. In addition, ORISE invites the public to give brief oral comments at the meeting regarding the draft document under review. The draft document and EPA's peer review charge are available via the Internet on NCEA's home page under the Recent Additions menu at *http://www.epa.gov/ncea* . When finalizing this draft report, EPA will consider ORISE's report of the comments and recommendations from the external peer reviewers and any public comments that EPA receives in accordance with this notice. DATES: The period for submission of comments on the final draft document will end on October 17, 2006. Technical comments should be in writing and must be received by EPA by October 17, 2006. Comments submitted to the EPA by October 17, 2006, will be provided to the external peer review panel prior to the panel review meeting. The peer review will be on November 3, 2006, and will begin at 9 a.m. and end approximately at 1 p.m., eastern time. ADDRESSES: The external peer review panel meeting will be held at the American Geophysical Union, 2000 Florida Avenue, NW., Washington, DC 20009-1277. Under an Interagency Agreement between EPA and the Department of Energy, the Oak Ridge Institute of Science and Education (ORISE) is organizing, convening, and conducting the peer review panel meeting. To attend the meeting, register by October 17, 2006, by calling ORISE at

(865)576-2922, sending a facsimile to

(865)241-3168, or sending an e-mail to Margaret Lyday at *lydaym@orau.gov.* Interested parties may also register via the Internet at *http://www.orau.gov/dichlorobenzene.* You must register by October 17, 2006, if you wish to provide brief oral comments or if you plan to use the teleconference option at the peer review panel meeting. The draft “Toxicological Review of Dichlorobenzenes: In Support of Summary Information on the Integrated Risk Information System (IRIS)” (EPA/635/R-03/015) is available primarily via the Internet on NCEA's home page under the Recent Additions menu at *http://www.epa.gov/ncea.* A limited number of paper copies are available by contacting the IRIS Hotline at

(202)566-1676,

(202)566-1749 (facsimile), or *hotline.iris@epa.gov.* If you are requesting a paper copy, please provide your name, mailing address, the document title, and the EPA number of the requested publication. Copies are not available from ORISE. Copies of the study by Aiso et al. (2005), referenced in the SUPPLEMENTARY INFORMATION section of this notice, are available from the IRIS Hotline in paper or electronic format or via the docket at *http://www.regulations.gov.* If you are requesting a copy from the IRIS Hotline, please provide your name, mailing address or e-mail address, and document citation: Aiso et al.

(2005)Carcinogenicity and chronic toxicity in mice and rats exposed by inhalation to parA-dichlorobenzene for two years. J Vet Med Sci 67(10):1019-1029. EPA is providing this study in the interest of transparency. EPA is not endorsing or supporting the study or its findings. Technical comments may be submitted electronically via *http://www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Questions regarding registration and logistics for the external peer review panel meeting and teleconference should be directed to Margaret Lyday, ORISE, P.O. Box 117, MS 17, Oak Ridge, TN 37831-0117, at

(865)576-2922,

(865)241-3168 (facsimile), or *lydaym@orau.gov* (e-mail). If you have questions about the document, contact Audrey Galizia, Chemical Manager, National Center for Environmental Assessment; telephone:

(732)906-6887; facsimile:

(732)452-6429; e-mail: *galizia.audrey@epa.gov.* SUPPLEMENTARY INFORMATION: I. Information About the Document IRIS is a database that contains Agency scientific positions on potential adverse human health effects that may result from chronic (or lifetime) exposure to specific chemical substances found in the environment. The database (available on the Internet at *http://www.epa.gov/iris* ) contains qualitative and quantitative health effects information for more than 500 chemical substances that may be used to support the first two steps (hazard identification and dose-response evaluation) of the risk assessment process. When supported by available data, the database can be used as a resource for oral reference doses

(RfDs)and inhalation reference concentrations

(RfCs)for chronic health effects, and oral slope factors and inhalation unit risks for carcinogenic effects. Combined with specific exposure information, government and private entities use IRIS to help characterize public health risks of chemical substances in a site-specific situation and thereby support risk management decisions designed to protect public health. 1,4-Dichlorobenzene is widely used as a space deodorant for toilets and refuse containers, as a moth repellent in moth balls or crystals, and in other pesticide applications. The current IRIS assessment for 1,4-dichlorobenzene was placed on the database in 1994 and contains an inhalation RfC. A reassessment of the potential health effects of dichlorobenzenes has been undertaken. The draft assessment for dichlorobenzenes (including the 1,2-, 1,3-, and 1,4-isomers) was subject to an external peer review and 30-day public comment period in February 2004 (69 FR 4514, January 30, 2004). The scope of the current external peer review and public comment is limited to the analyses based on a chronic inhalation bioassay of 1,4-dichlorobenzene published in the peer-reviewed literature (Aiso et al., 2005. J Vet Med Sci 67(10):1019-29) that was not included in the February 2004 external peer review draft. This study was identified originally as an unpublished study report by the Japan Bioassay Research Center (JBRC, 1995). Data from Aiso et al.

(2005)were used subsequently in the quantitative dose-response assessments for the 1,4-dichlorobenzene RfC and inhalation cancer assessment. II. Panel Meeting Information Members of the public may attend the panel meeting as observers, and there will be a limited time for comments from the public. To make oral comments at the commencement of the peer review meeting, you must pre-register with ORISE indicating your intent to do so. Space is limited, and reservations will be accepted on a first-come, first-served basis. III. How to Submit Technical Comments to the Docket at http://www.regulations.gov 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. Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2004-0002 by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *ORD.Docket@epa.gov.* • Mail: Office of Environmental Information

(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is

(202)566-1752. • Hand Delivery: The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, 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. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2004-0002. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov index.* Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: October 5, 2006. Peter W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. E6-16925 Filed 10-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2004-0128; FRL-8095-1] National Advisory Committee for Acute Exposure Guideline Levels (AEGLs) for Hazardous Substances; Proposed AEGL Values; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) is developing AEGLs on an ongoing basis to provide Federal, State, and local agencies with information on short-term exposures to hazardous chemicals. This notice provides a list of 46 proposed AEGL chemicals that are available for public review and comment. Comments are welcome on both the AEGL values and the technical support documents placed in the docket. DATES: Comments must be received on or before November 13, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPPT-2004-0128, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2004-0128. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is

(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2004-0128. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural damage due to flooding in June 2006. Although the EPA/DC is continuing operations, there will be temporary changes to the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was temporarily closed due to flooding, has been relocated in the EPA Headquarters Library, Infoterra Room (Room Number 3334) in EPA West, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is

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

(202)566-0280. EPA visitors are required to show photographic identification and sign the EPA visitor log. Visitors to the EPA/DC Public Reading Room will be provided with an EPA/DC badge that must be visible at all times while in the EPA Building and returned to the guard upon departure. In addition, security personnel will escort visitors to and from the new EPA/DC Public Reading Room location. Up-to-date information about the EPA/DC is on the EPA Web site at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Paul S. Tobin, Designated Federal Officer (DFO), Office of Pollution Prevention and Toxics (7406M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-8557; e-mail address: *tobin.paul@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the general public to provide an opportunity for review and comment on proposed AEGL values and their supporting scientific rationale. This action may be of particular interest to anyone who may be affected if the AEGL values are adopted by government agencies for emergency planning, prevention, or response programs, such as EPAs Risk Management Program under the Clean Air Act and Amendments Section 112r. It is possible that other Federal agencies besides EPA, as well as State and local agencies and private organizations, may adopt the AEGL values for their programs. As such, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? EPAs Office of Prevention, Pesticides and Toxic Substances (OPPTS) provided notice on October 31, 1995 (60 FR 55376) (FRL-4987-3) of the establishment of the NAC/AEGL Committee with the stated charter objective as “the efficient and effective development of AEGLs and the preparation of supplementary qualitative information on the hazardous substances for Federal, State, and Local agencies and organizations in the private sector concerned with [chemical] emergency planning, prevention, and response.” The NAC/AEGL Committee is a discretionary Federal advisory committee formed with the intent to develop AEGLs for chemicals through the combined efforts of stakeholder members from both the public and private sectors in a cost-effective approach that avoids duplication of efforts and provides uniform values, while employing the most scientifically sound methods available. This action provides notice of availability, for public review and comment, of proposed AEGL values and underlying supporting documents for 46 hazardous substances. These values represent the ninth set of exposure levels proposed and published by the NAC/AEGL Committee. EPA published the first “proposed” AEGLs for 12 chemicals from the initial priority list in the **Federal Register** of October 30, 1997 (62 FR 58840-58851) (FRL-5737-3); for 10 chemicals in the **Federal Register** of March 15, 2000 (65 FR 14186-14197) (FRL-6492-4); for 14 chemicals in the **Federal Register** of June 23, 2000 (65 FR 39263-39277 ) (FRL-6591-2); for 7 chemicals in the **Federal Register** of December 13, 2000 (65 FR 77866-77874) (FRL-6752-5); for 18 chemicals in the **Federal Register** of May 2, 2001 (66 FR 21940-21964) (FRL-6776-3); for 8 chemicals in the **Federal Register** of February 15, 2002 (67 FR 7164-7176) (FRL-6815-8); for 10 chemicals in the **Federal Register** of July 18, 2003 (68 FR 42710-42726) (FRL-7189-8); and for 15 chemicals in the **Federal Register** of September 7, 2004 (69 FR 54144-54148) (FRL-7350-2) in order to provide an opportunity for public review and comment. Background information on the AEGL Program may be found in these earlier **Federal Register** notices, in regulations.gov, or on the AEGL Web site at *http://www.epa.gov/oppt/aegl* . Chemical name CAS No. Acetaldehyde 75-07-0 Acetonitrile 75-05-8 Benzene 71-43-2 Benzonitrile 100-47-0 Bromine pentafluoride 7789-30-2 Bromine trifluoride 7787-71-5 Butadiene 106-99-0 Butane 106-97-8 Butyl acrylate 141-32-2 Chlorine pentafluoride 13637-63-3 Chloroacetaldehye 107-20-0 Chloroacetone 78-95-5 Chloroacetonitrile 107-14-2 Chloroacetyl chloride 79-04-9 Cumene 98-82-8 Dichloroacetyl chloride 79-36-7 Dimethyl sulfate 77-78-1 Disulfur dichloride 10025-67-9 Ethyl acrylate 140-88-5 Ethyl mercaptan 75-08-1 Formaldehyde 50-00-0 Hexane 110-54-3 Hydrogen bromide 10035-10-6 Hydrogen iodide 10034-85-2 Hydrogen selenide 7783-07-5 Isobutyronitrile 78-82-0 Lewisite L-1 541-25-3 Lewisite L-2 40334-69-8 Lewisite L-3 40334-70-1 Malononitrile 109-77-3 Methacrylic acid 79-41-4 Methacrylonitrile 126-98-7 Methyl bromide 74-83-9 Methyl chloride 74-87-3 Methyl methacrylate 80-62-6 Methylene chloride 75-09-2 Oleum 8014-95-7 Piperidine 110-89-4 Propane 74-98-6 Propionaldehyde 123-38-6 Proprionitrile 107-12-0 Styrene 110-42-5 Sulfur trioxide 7446-11-9 Sulfuric acid 7664-93-9 Titanium tetrachloride 7550-45-0 Vinyl chloride 75-01-4 List of Subjects Environmental protection, Acute Exposure Guideline Levels (AEGLs), Hazardous substances. Dated: October 5, 2006. Charles M. Auer, Director, Office of Pollution Prevention and Toxics. [FR Doc. E6-16908 Filed 10-11-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8230-7; Docket ID No. EPA-HQ-ORD-2006-0756] Evaluation of the Carcinogenicity of Ethylene Oxide AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Extension of Public Comment Period. SUMMARY: EPA is announcing an extension of the public comment period for the draft document titled, “Evaluation of the Carcinogenicity of Ethylene Oxide” (EPA/635/R-06/003). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. On September 22, EPA published a **Federal Register** notice (71 FR 55470) announcing a 30-day comment period that ends October 23, 2007. EPA is extending the public comment period to December 8, 2006, in response to requests. As previously stated in 71 FR 55470, EPA is releasing this draft document solely for the purpose of seeking public comment and for review by the EPA Science Advisory Board

(SAB)via a meeting to be held at a later date (time and place to be specified in a separate **Federal Register** notice). This document has not been formally disseminated by EPA. It does not determination. EPA will consider any public comments submitted in accordance with this notice when revising the document. DATES: The public comment period began September 22, 2006, and ends December 8, 2006. Technical comments should be in writing and must be received by EPA by December 8, 2006. ADDRESSES: The draft “Evaluation of the Carcinogenicity of Ethylene Oxide” is available primarily via the Internet on the National Center for Environmental Assessment's home page under the Recent Additions and the Data and Publications menus at *http://www.epa.gov/ncea* . A limited number of paper copies are available from the Technical Information Staff, NCEA-W; telephone: 202-564-3261; facsimile: 202-565-0050. If you are requesting a paper copy, please provide your name, your mailing address, and the document title, “Evaluation of the Carcinogenicity of Ethylene Oxide”. Comments may be submitted electronically via *www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions provided in the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the Office of Environmental Information Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail: *ORD.Docket@epa.gov.* For technical information, contact Henry D. Kahn, D.Sc., NCEA; telephone: 202-564-3269; facsimile: 202-565-0079; or e-mail: *kahn.henry@epa.gov.* SUPPLEMENTARY INFORMATION: I. Information About the Project/Document Ethylene oxide

(EtO)is a gas at room temperature. It is manufactured from ethylene and used primarily as a chemical intermediate in the manufacture of ethylene glycol. It is also used as a sterilizing agent for medical equipment and as a fumigating agent for spices. The largest sources of human exposure are in occupations involving contact with the gas in production facilities and in hospitals that sterilize medical equipment. EtO can also be inhaled by residents living near production or sterilizing/fumigating facilities. This draft assessment document characterizes the potential for a carcinogenic health hazard from human inhalation exposure to EtO. This is accomplished by a weight-of-evidence evaluation as to how likely EtO is to be a human carcinogen, as well as an evaluation of related dose-response information which leads to the development of lifetime cancer risk estimates per unit of exposure. This assessment, when finalized, will be posted to EPA's Integrated Risk Information System

(IRIS)database. The document was prepared by EPA's National Center for Environmental Assessment (NCEA). EPA last published a health assessment of the potential carcinogenicity of EtO in 1985. The current assessment reviews the more recently developed database on the carcinogenicity of EtO, pertinent data from the 1985 assessment, and several reviews and assessments issued by other organizations (IARC, 1994; Health Canada, 2001; CalEPA, 1999; EOIC, 2001). II. How to Submit Technical Comments to the Docket at www.regulations.gov 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. Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2006-0756 by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *ORD.Docket@epa.gov.* • Fax: 202-566-1753 • Mail: Office of Environmental Information

(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-566-1752. • Hand Delivery: The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, 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. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you submit comments by mail or hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2006-0756. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked “late,” and may only be considered if time permits. It is EPA's policy to include all comments it receives in the public docket without change and to make the comments available online at *www.regulations.gov* , including any personal information provided, unless a comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov or e-mail.* The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* Documents in the docket are listed in the *www.regulations.gov index.* Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other materials, such as copyrighted material, are publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: October 4, 2006. Peter W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. E6-16921 Filed 10-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8230-3] Compliance Assistance Centers; Request for Suggestions on Candidates for Compliance Assistance Center Development AGENCY: Environmental Protection Agency. ACTION: Solicitation for suggestions. SUMMARY: In partnership with industry, academic institutions, environmental groups, and other agencies, the Environmental Protection Agency

(EPA)supports fourteen Compliance Assistance Centers (Centers) to help small- and medium-size businesses and local governments better understand and comply with environmental regulations. These Centers provide easy to understand compliance information targeted to specific sectors, geographic and environmental topics: agriculture; automotive service and repair; automotive recycling, chemical manufacturers; construction; Federal facilities; health care; local governments, metal finishing; paints and coatings; printed wiring board manufacturers; printers; transportation; and the U.S. / Mexico / Canada border environmental issues. Additionally, funding has recently been awarded to initiate the development of a Center for the education sector. All Centers can be accessed at *http://www.assistancecneters.net* . EPA would like to expand the Center program to support other sectors, geographical areas or topical issues. To support new Center development, EPA has funded the National Center for Manufacturing Sciences

(NCMS)to develop, operate and maintain the Compliance Assistance Center Platform (Platform) from which new Centers will be “launched.” The Platform includes a suite of comprehensive Web-based tools necessary new Centers. States, industry, and compliance assistance providers can work with NCMS to establish Centers that will help the regulated community better understand and more efficiently comply with environmental requirements. The Centers for the metal finishing, printed wiring board manufacturing, paints and coatings, construction sector, automotive recycling sector, health care and U.S. / Mexico / Cananda border environmental issues have been developed in partnership with NCMS and the Platform. Visit *http://www.envcap.org* to access Platform resources. EPA is exploring new sector, geographical, or topical candidates for Centers in FY 2007 and beyond. Center candidates will be evaluated initially against the following criteria: impact on health and the environment; patterns of noncompliance; assessment that compliance assistance is an appropriate approach to use; predominately involves or affects small businesses; the problem or issue is prevalent nationally; impact of new environmental regulations; subject to multiple environmental statutes/regulations; and not currently supported by an existing compliance assistance program. Once these threshold criteria have been met, an additional criterion will be applied: willingness of a sector or third-party organization to partner with EPA. At this time, EPA is considering the following sectors for new Center development:

(1)Food processing (producers of meat products, seafood, dairy, fruits, oils, flour, vegetables, baked goods, etc.); or

(2)marinas /boatbuilding (boat building, repair, servicing, docks, fueling). EPA invites feedback from interested parties on these and other possible candidates for Center development. Specifically, EPA is interested in feedback on Center development for the food processing and marina/boatbuilding sectors. The above criterion should be considered in your evaluation and proposal of sector, geographic, or topical candidates. Pursuant to EPA's Grants Competition Policy that went into effect October 1, 2002, EPA will compete any assistance agreement that will be provided to support new Center development in FY 2007. Interested parties should communicate their suggestions regarding new sectors, geographical areas or topical issues for Center development to EPA by letter or e-mail to the contact listed below. DATES: Contact by November 13, 2006. FOR FURTHER INFORMATION CONTACT: Tracy Back, Team Leader, Compliance Assistance Centers, US, EPA (mail code 2224A), 1200 Pennsylvania Ave., NW., Washington, DC 20460. *E-mail:* *back.tracy@epa.gov* . Telephone: 202-564-7076. *Fax:* 202-564-0009. Dated: September 27, 2006. Michael M. Stahl, Director, Office of Compliance. [FR Doc. E6-16927 Filed 10-11-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [Docket ID No.: EPA-R08-OW-2006-0627; FRL-8230-2] Public Water System Supervision Program Revision for the State of Utah AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; extension of comment period. SUMMARY: On August 24, 2006, EPA proposed the following: In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the State of Utah has revised its Public Water System Supervision

(PWSS)Primacy Program by adopting federal regulations for the Arsenic Rule and Filter Backwash Recycling Rule, which correspond to 40 CFR parts 141 and 142. The EPA has completed its review of these revisions in accordance with SDWA, and proposes to approve Utah's primacy revisions for the above stated Rules. Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION , Item B. DATES: The comment period for this proposal has been extended until November 13, 2006. Any member of the public is invited to request a public hearing on this determination. Please see SUPPLEMENTARY INFORMATION , Item C, for details. Should no timely and appropriate request for a hearing be received, and the Regional Administrator

(RA)does not elect to hold a hearing on his own motion, this determination shall become effective November 13, 2006. If a hearing is granted, then this determination shall not become effective until such time, following the hearing, as the RA issues an order affirming or rescinding this action. ADDRESSES: Requests for a public hearing shall be addressed to: Robert E. Roberts, Regional Administrator, c/o Jack Theis (8P-W-DW), U.S. EPA, Region 8, 999 18th St., Suite 300, Denver, CO 80202-2466. All documents relating to this determination are available for inspection at the following locations:

(1)U.S. EPA, Region 8, Drinking Water Unit, 999 18th St. (4th Floor), Denver, CO 80202-2466;

(2)Utah Department of Environment Quality

(DEQ)Division of Drinking Water, 1950 West North Temple, Salt Lake City, UT 84114-4830, and/or

(3)online at: *http://www.regulations.gov* , with reference to Docket ID No. EPA-R08-OW-2006-0627. However, based on sensitivity, certain materials are available in hardcopy only. The above Web site is an “anonymous access” system, which means that should you submit an electronic comment, EPA recommends you provide your identity or contact information in the body of your comment. If you e-mail your comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment(s) that is placed in the public docket and made available on the Internet. If your comment cannot be read due to technical difficulties and you cannot be contacted for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption, and be free of any defects or viruses. FOR FURTHER INFORMATION CONTACT: Jack Theis at 303-312-6347. SUPPLEMENTARY INFORMATION: EPA approved Utah's application for assuming primary enforcement authority for the PWSS program, pursuant to section 1413 of SDWA, 42 U.S.C. 300g-2, and 40 CFR part 142. DEQ administers Utah's PWSS program. A. Why Are Revisions to State Programs Necessary? States with primary PWSS enforcement authority must comply with the requirements of 40 CFR part 142 for maintaining primacy. They must adopt regulations that are at least as stringent as the NPDWRs at 40 CFR parts 141 and 142, as well as adopt all new and revised NPDWRs in order to retain primacy (40 CFR 142.12(a)). B. How Does Today's Action Affect Indian Country in Utah? This program revision does not extend to “Indian country,” as defined in 18 U.S.C. 1151. Indian country includes:

(1)Lands within the exterior boundaries of the following Indian Reservations located within or abutting the State of Utah: a. Goshute Indian Reservation; b. Navajo Indian Reservation; c. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian Reservation; d. Paiute Indian Tribe of Utah Indian Reservation; e. Skull Valley Band of Goshute Indians of Utah Indian Reservation; f. Uintah and Ouray Indian Reservation (see below); g. Ute Mountain Indian Reservation;

(2)any land held in trust by the United States for an Indian tribe; and

(3)any other areas which are “Indian country” within the meaning of 18 U.S.C. 1151. With respect to the Uintah and Ouray Indian Reservation, Federal courts have determined that certain lands within the exterior boundaries of the Reservation do not constitute Indian country. This State program revision approval will extend to those lands which the courts have determined are not Indian country. C. Requesting a Hearing Any request for a public hearing shall include:

(1)The name, address, and telephone number of the individual, organization, or other entity requesting a hearing;

(2)a brief statement of the requester's interest in the RA's determination and of information that he/she intends to submit at such hearing; and

(3)the signature of the requester or responsible official, if made on behalf of an organization or other entity. Notice of any hearing shall be given not less than fifteen

(15)days prior to the time scheduled for the hearing, and will be made by the RA in the **Federal Register** and newspapers of general circulation in the State. A notice will also be sent to both the person(s) requesting the hearing and the State. The hearing notice will include a statement of purpose, information regarding time and location, and the address and telephone number where interested persons may obtain further information. The RA will issue a final determination upon review of the hearing record. Frivolous or insubstantial requests for a hearing may be denied by the RA. However, if a substantial request is made within thirty

(30)days after this notice, a public hearing will be held. Please bring this notice to the attention of any persons known by you to have an interest in this determination. Dated: October 4, 2006. Kerrigan G. Clough, Deputy Regional Administrator, Region 8. [FR Doc. E6-16929 Filed 10-11-06; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested October 6, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act

(PRA)comments should be submitted on or before December 11, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your all Paperwork Reduction Act

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov.* To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0349. *Title:* Sections 73.2080, 76.73, 76.75, 76.79, 76.1702, Equal Employment Opportunity (“EEO”) Policy. *Form Number:* Not applicable. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions. *Number of Respondents:* 14,178. *Estimated Time per Response:* 42 hours. *Frequency of Response:* Recordkeeping requirement; Annual reporting requirement; Every five-year reporting requirement. *Total Annual Burden:* 595,476 hours. *Total Annual Cost:* None. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* 47 CFR 73.2080 provides that equal opportunity in employment shall be afforded by all broadcast stations to all qualified persons and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin or sex. This section also requires that each broadcast station employment unit with 5 or more full-time employees shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a broadcast station's policy and practice. Section 76.73 provides that equal opportunity in employment shall be afforded by all multichannel video program distributors (“MVPD”) to all qualified persons and no person shall be discriminated against in employment by such entities because of race, color, religion, national origin, age or sex. Section 76.75 requires that each MVPD employment unit shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a cable entity's policy and practice. Section 76.79 requires that every MVPD employment unit maintain, for public inspection, a file containing copies of all annual employment reports and related documents. Section 76.1702 requires that every MVPD place certain information concerning its EEO program in the public inspection file. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-16935 Filed 10-11-06; 8:45 am] BILLING CODE 6712-10-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 010050-018. *Title:* U.S. Flag Discussion Agreement. *Parties:* American President Lines, Ltd.; APL Co. PTE Ltd.; A.P. Moller-Maersk A/S; and Hapag-Lloyd USA, LLC. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment deletes Farrell Lines Incorporated as a party to the agreement and changes the name of CP Ships USA, LLC to Hapag-Lloyd USA, LLC. *Agreement No.:* 011959-001. *Title:* Zim/ESL Agreement. *Parties:* Zim Integrated Shipping Services, Ltd. and Emirates Shipping Line FZE. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would add Japan to the geographic scope of the agreement. The parties request expedited review. *Agreement No.:* 011962-001. *Title:* Consolidated Chassis Management Pool Agreement. *Parties:* The Ocean Carrier Equipment Management Association and its member lines; the Association's subsidiary Consolidated Chassis Management LLC and its affiliates; China Shipping Container Lines Co., Ltd.; and Mediterranean Shipping Co., S.A. *Filing Party:* Jeffrey F. Lawrence, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment deletes Australia New Zealand Direct Line, Contship Containerlines, and CP Ships

(USA)LLC; adds South Atlantic Consolidated Chassis Pool LLC; Companhia Libra de Navegacao; Hapag-Lloyd USA; Montemar Maritima S.A.; Norasia Container Lines Limited; Matson Navigation Company; Westwood Shipping Lines; and Zim Integrated Shipping Services, Ltd.; and updates the names and addresses of Hapag-Lloyd AG and Hamburg-Süd. *Agreement No.:* 011974. *Title:* Hanjin/KL/YMUK/UASC Vessel Sharing and slot Chartering Agreement. *Parties:* Hanjin Shipping Co., Ltd.; Kawasaki Kisen Kaisha, Ltd.; Yang Ming (UK), Ltd.; and United Arab Shipping Co., S.A.G. *Filing Party:* Robert B. Yoshitomi, Esq.; Nixon Peabody LLP; 2040 Main Street; Suite 850; Irvine, CA 92614. *Synopsis:* The agreement authorizes the parties to charter slots on and coordinate vessels transiting the Suez Canal in the trades between ports and points in South East Asia, the Indian Subcontinent, Egypt, the Mediterranean, the Red Sea, the Arabian Sea, Europe and North America. By Order of the Federal Maritime Commission. Dated: October 6, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-16914 Filed 10-11-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Reissuances Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718), and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. License No. Name/Address Date reissued 017992NF A&C Import Export Services, Inc., 6317-A 18th Avenue, Suite #302, Brooklyn, NY 11204 September 8, 2006. 003722NF Falcon Transportation & Forwarding Corp., 500 Bi-County Blvd., Ste. 213, Farmingdale, NY 11735 November 20, 2005. 004130F GSG Investment Inc., dba Worldwide Logistics, Company, dba WWL, dba Trade Passage, 2411 Santa Fe Avenue, Unit C, Redondo Beach, CA 90278 August 26, 2006. Peter J. King, Deputy Director, Bureau of Certification, and Licensing. [FR Doc. E6-16890 Filed 10-11-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocations The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below: *License Number:* 017469NF. *Name:* Braverman Enterprises, Inc. dba Customs Brokers Intenational. *Address:* 5777 W. Century Blvd., Ste. 535, Los Angeles, CA 90045. *Date Revoked:* September 26, 2006. *Reason:* Failed to maintain valid bonds. *License Number:* 002356NF. *Name:* Eastern Freight Forwarders, Inc. *Address:* 100 West Middle Road, Riviera Beach, FL 33404. *Date Revoked:* September 27, 2006. *Reason:* Failed to maintain valid bonds. Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6-16918 Filed 10-11-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants: Raylink Shipping Inc., 60 Bay 40th Street, Brooklyn, NY 11214, *Officers:* Tao Zhang (Jason Zhang), President (Qualifying Individual). AA Connection, LLC, 2198 144th Ave., SE., Bellevue, WA 98007, *Officers:* Mei Mao, Manager (Qualifying Individual), Frances Underhill, Member. Cybamar Swiss GMBH, Hugostruasse 9 8050 Zurich, Switzerland. *Officer:* Bassem Salhab, Managing Director (Qualifying Individual). Superior International Group Inc., 355 S. Lemon Avenue, Suite E, Walnut, CA 91789. *Officer:* Steven Wong, President (Qualifying Individual). Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicant: Transportation Freight Group, LLC, 720 Heards Ferry Road, Atlanta, GA 30328, *Officer:* Chad Rosenberg, Member (Qualifying Individual). Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants: Cycle Logical Supply Chain Solutions, LLC, 444 Claude Scott Drive, Canton, GA 30115, *Officer:* Sheila Hines Hewitt, President (Qualifying Individual). Star USA, Inc., 250 N. Davis Road, Ashland, OH 44805. *Officers:* Michael L. Easton, Vice President (Qualifying Individual), Margaret S. Easton, President. Dated: October 6, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-16916 Filed 10-11-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Rescission of Order of Revocations Notice is hereby given that the Order revoking the following license is being rescinded by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. *License Number:* 018883NF. *Name:* Wastaki Freight International, Inc. *Address:* 9820 Atlantic Drive, Miramar, FL 33025. *Order Published:* FR: 06/28/06 (Volume 71, No. 124, Pg. 36799). Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6-16917 Filed 10-11-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act; Notice of Meeting Time And Date: 9 a.m. (EDT), October 16, 2006. Place: 4th Floor Conference Room, 1250 H Street, NW., Washington, DC. Status: Parts will be open to the public and parts closed to the public. Matters to be Considered Parts Open to the Public 1. Approval of the minutes of the September 18, 2006 Board member meeting. 2. Thrift Savings Plan activity report by the Executive Director. 3. Quarterly Investment Policy report. 4. Quarterly Vendor Financial Statement report. 5. Deloitte & Touche Mid-Year Review. 6. Barclays Global Investors' Audit. Parts Closed to the Public 7. Procurement. FOR FURTHER INFORMATION CONTACT: Thomas J. Trabucco, Director, Office of External Affairs,

(202)942-1640. Dated: October 6, 2006. Thomas K. Emswiler, Secretary to the Board, Federal Retirement Thrift Investment Board. [FR Doc. 06-8650 Filed 10-6-06; 4:31 pm]

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