Notices. Notice of intent to consider waiver request

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2006-25026; Notice 1] Pipeline Safety: Request for Waiver; Key West Pipeline Company AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Department of Transportation (DOT). ACTION: Notice of intent to consider waiver request. SUMMARY: PHMSA is seeking public comment on a waiver request from Key West Pipeline Company

(KWPC)and Pipeline and Terminal Management Corporation (PTMC). KWPC and PTMC are requesting a waiver from the regulations governing the marking and depth of cover of burial requirements for underwater pipelines. Instead of marking and burying its pipeline as required under PHMSA regulations, KWPC and PTMC propose to post and maintain warning signs. DATES: Persons interested in submitting written comments on the waiver request described in this notice must do so by November 15, 2006. Comments received after the due date may be considered at PHMSA's discretion. ADDRESSES: You may submit written comments by mailing or delivering an original and two copies to the Dockets Facility, U.S. Department of Transportation (DOT), Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. The Dockets Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except on Federal holidays when the facility is closed. Alternatively, you may submit written comments to the docket electronically at the following Web address: *http://dms.dot.gov.* All written comments should identify the docket and notice number stated in the heading of this document. Anyone who would like confirmation of mailed comments must include a self-addressed stamped postcard. To file written comments electronically, after logging on to *http://dms.dot.gov* , click on “Comment/Submissions.” You can also read comments and other materials in the docket. General information about the Federal pipeline safety program is available at *http://phmsa.dot.gov.* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477) or you may visit *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: James Reynolds by telephone at 202-366-2786, by fax at 202-366-4566, by mail at DOT, Pipeline and Hazardous Materials Safety Administration (PHMSA), 400 7th Street, SW., Room 2103, Washington, DC 20590, or by e-mail at *james.reynolds@dot.gov.* SUPPLEMENTARY INFORMATION: Background KWPC and PTMC, manager of KWPC's jet fuel receipt, storage, and pipeline operations in Key West, FL, request a waiver of compliance from the regulatory requirements of 49 CFR 195.413(c)

(2)and (3). Section 195.413(c)(2) requires an operator to promptly, but not later than 7 days after discovery, mark the location of its pipeline in accordance with 33 CFR Part 64 at the ends of the pipeline segment and at intervals of not over 500 yards (457 meters) long, except that a pipeline segment less than 200 yards (183 meters) long need only be marked at the center. The requested waiver would allow KWPC to install signs on the shoreline of Key West, FL and Fleming Key and on the bridge linking Key West, FL to Fleming Key. Moreover, the signs will identify the location of the pipeline as a restricted area and prohibit stopping or anchoring within 100 yards of the shoreline pursuant to 33 CFR 334.610. Section 195.413(c)(3) requires an operator within 6 months after discovery, or no later than November 1 of the following year if the 6 month period is later than November 1 of the year of discovery, bury the pipeline so that the top of the pipe is 36 inches (914 millimeters) below the underwater natural bottom (as determined by recognized and generally accepted practices) for normal excavation or 18 inches (457 millimeters) for rock excavation. The requested waiver would allow KWPC's pipeline to exist exposed above the underwater natural bottom in Fleming Channel and require KWPC to inspect the pipeline on an annual basis. On August 16-18, 2005, KWPC performed an inspection of the underwater segments of its pipeline. The underwater inspection concluded that less than 200 feet of KWPC's pipeline was partially or totally exposed above the underwater natural bottom in Fleming Channel, an inlet of the Gulf of Mexico. The exposed segment is east of the bridge connecting Key West, FL to Fleming Channel and is located in waters that are approximately 11 feet deep at mean low water and approximately 13.5 feet deep at mean high water. The exposed segment lies immediately adjacent to the Trumbo Point Navel Annex, part of Naval Air Station—Key West (NASKW) military reservation. Both sides of Fleming Channel within the immediate vicinity of the exposed pipeline are bordered by the NASKW. Upon discovering the exposed pipe on August 18, 2005, KWPC notified the National Response Center of the location and the geographic coordinates of the exposed pipeline. KWPC also met with the U.S. Coast Guard

(USCG)on the same day to discuss suitable ways to mark the exposed pipeline in accordance with pipeline safety regulations and to prevent the markers from becoming a hazard to navigation in the active boating channel. KWPC determined that marking the exposed pipeline in compliance with § 195.413(c)(2) and

(3)created a hazard to navigation; therefore, KWPC proposed marking the exposed pipeline by placing a warning sign on the bridge crossing the channel, as well as installing two signs on the opposing sides of the waterway on NASKW property. On August 19, 2005, KWPC submitted a written request to the USCG seeking approval of the marking proposal. In its proposal request to the USCG, KWPC noted that the potential for damage to the pipeline from recreational boaters is minimized because the pipeline is in an area where anchoring is prohibited, pursuant to 33 CFR 334.610. In a letter dated September 6, 2005, the USCG responded to KWPC's proposal request and did not object to KWPC's proposed method of marking the exposed pipeline. Request for Waiver KWPC requests a waiver from § 195.413(c)(2) and

(3)and asks that it be allowed to take the following actions:

(1)Install a sign on the shoreline of Key West, FL and Fleming Key immediately adjacent to the exposed pipeline segment, with the following information approved by the USCG— Warning Restricted Area Transit Only No Stopping or Anchoring Within 100 Yards of Shore Underwater Utility 33 CFR § 334.610

(2)Install a similar sign on the west side of the permanent bridge linking Key West, FL to Fleming Key.

(3)Inspect the exposed pipeline segment on an annual basis to confirm that there has been no material change in the condition of the exposed segment. KWPC's exposed pipeline is located within the restricted waters of Fleming Channel. The U.S. Navy patrols the restricted waters of Fleming Channel to ensure that the waters are used for transient traffic as prescribed in 33 CFR 334.610. Request for Public Comment PHMSA will consider the KWPC and PTMC waiver request and whether the KWPC and PTMC proposal will yield an equivalent or greater degree of safety than what is currently provided by the regulations. This notice is PHMSA's only request for public comment before making a decision. After considering any comments received, PHMSA may grant the KWPC and PTMC waiver request as proposed, with modifications and conditions, or deny the request. If the waiver request is granted and PHMSA subsequently determines that the effect of the waiver is inconsistent with pipeline safety, PHMSA may impose additional conditions or revoke the waiver at its sole discretion. Issued in Washington, DC on October 6, 2006. Theodore L. Willke, Acting Associate Administrator for Pipeline Safety. [FR Doc. E6-17097 Filed 10-13-06; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF THE TREASURY Fiscal Service Demand Deposit Securities of the State and Local Government Series (SLGS); Average Marginal Tax Rate and Treasury Administrative Cost AGENCY: Bureau of the Public Debt, Fiscal Service, Treasury. ACTION: Notice of estimated average marginal tax rate and Treasury administrative cost for Demand Deposit certificates of indebtedness—State and Local Government Series. SUMMARY: This notice is being published to provide the information necessary to apply the interest rate formula for Demand Deposit certificates of indebtedness—State and Local Government Series

(SLGS)(31 CFR part 344, subpart C). In the final rule governing securities of the State and Local Government Series that appeared in the **Federal Register** of June 30, 2005, (70 FR 37904), provision was made to provide by notice the information necessary to apply the interest rate formula to the Demand Deposit certificates of indebtedness, i.e., the average yield for three-month Treasury bills at the most recent auction, multiplied by one minus the estimated average marginal tax rate (1-MTR) of purchasers of tax-exempt bonds, less the Treasury administrative cost. The factor necessary to convert the interest rate to a tax-exempt equivalent (1—the estimated average marginal tax rate of purchasers of tax-exempt bonds) is 1-.24 or .76. The Treasury administrative cost is one basis point. EFFECTIVE DATE: This notice is effective October 16, 2006. FOR FURTHER INFORMATION CONTACT: Keith Rake, Deputy Assistant Commissioner, Office of the Assistant Commissioner for Public Debt Accounting, Bureau of the Public Debt, 200 3rd St., P.O. Box 396, Parkersburg, WV 26106-0396,

(304)480-5101 (not a toll-free number), or by e-mail at *opda-sib@bpd.treas.gov* or Edward Gronseth, Deputy Chief Counsel, Elizabeth Spears, Senior Attorney, or Brian Metz, Attorney-Adviser, Office of the Chief Counsel, Bureau of the Public Debt, Department of the Treasury, P.O. Box 1328, Parkersburg, WV 26106-1328,

(304)480-8692 (not a toll-free number). SUPPLEMENTARY INFORMATION: The Department of the Treasury, under the authority of 26 U.S.C. 141 note; 31 U.S.C. 3102-3104 and 3121, offers SLGS Demand Deposit certificates of indebtedness. These securities are one-day certificates of indebtedness, issued in a minimum amount of $1,000, or in any larger amount, with interest accrued and added to the principal daily. In publishing the final rule governing securities of the State and Local Government Series on June 30, 2005, provision was made to provide by notice the information necessary to apply the interest rate formula to the Demand Deposit certificates of indebtedness, i.e., the average yield for three-month Treasury bills at the most recent auction, multiplied by one minus the estimated average marginal tax rate (1-MTR) of purchasers of tax-exempt bonds, less the Treasury administrative cost. The factor “1-MTR” is .76. The Treasury administrative cost is one basis point. Both the “1-MTR” and the Treasury administrative cost are subject to redetermination by the Department of the Treasury. Any future changes will be published by notice in the **Federal Register.** Dated: October 11, 2006. Donald V. Hammond, Fiscal Assistant Secretary. [FR Doc. 06-8711 Filed 10-11-06; 3:15 pm]

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