Notices. Notice of open meeting

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

BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before January 22, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

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

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

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

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

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

(3)is the estimate of burden accurate;

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

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: November 16, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* New. *Title:* The Effectiveness of the Alabama Mathematics, Science and Technology Initiative (AMSTI). *Frequency:* Monthly; Annually; Trainer log. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 2,233. *Burden Hours:* 746. *Abstract:* This study is a group randomized controlled trial by the Regional Educational Laboratory for the Southeast and its subcontractors to test the effectiveness of the Alabama Mathematics, Science and Technology Initiative (AMSTI). This study is needed so that the Alabama State Department of Education (ALSDE), following the requirements of the No Child Left Behind Act (NCLB), can make decisions about this initiative based on scientific data regarding the program's effectiveness at improving student achievement. The evidence from this experiment will be used by ALSDE and the Alabama legislature as a consideration in deciding about program continuation, expansion, and improvement. Respondents are all

(324)teachers in grades 4-8 and the principals in 40 schools in 3 regions of Alabama and AMSTI trainers in these regions. Assessment data will also be collected for all students in grades 4-8 in these schools. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3231. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-19752 Filed 11-21-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before January 22, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

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

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

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

(3)is the estimate of burden accurate;

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

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: November 16, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Vocational and Adult Education *Type of Review:* Extension. *Title:* America's Career Resource Network State Grant Annual Performance Report. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; Individuals or household; Not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* *Responses:* 59. *Burden Hours:* 354. *Abstract:* Section 118(e) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (PL 105-332) requires the Department of Education to submit an annual report to the Congress. Information for that report is obtained from semi-annual and annual progress reports required of grantees by Sec.74.51 EDGAR. Information is used by Departmental managers and project officers:

(1)To develop the required annual report to the Congress;

(2)to monitor State activities for compliance; and

(3)to identify high quality practices for dissemination among the States, as required by the law. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3219. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW, Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E6-19757 Filed 11-21-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, December 13, 2006; 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone

(865)576-4025; Fax

(865)576-5333 or e-mail: *halseypj@oro.doe.gov* or check the Web site at *www.oakridge.doe.gov/em/ssab.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Agenda:* The main presentation topic will be Plans for Independent Cleanup Verification at East Tennessee Technology Park. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes of this meeting will be available for public review and copying at the Department of Energy's Information Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday through Friday, or by writing to Pat Halsey, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831, or by calling her at

(865)576-4025. Issued at Washington, DC on November 17, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-19768 Filed 11-21-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Science; High Energy Physics Advisory Panel AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the High Energy Physics Advisory Panel (HEPAP). Federal Advisory Committee Act (Public Law 92-463, 86 Stat. 770) requires that public notice of these meetings be announced in the **Federal Register** . DATES: Thursday, February 22, 2007; 10 a.m. to 6 p.m. and Friday, February 23, 2007; 8:30 a.m. to 4 p.m. ADDRESSES: Hotel Palomar, 2121 P St., NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: John Kogut, Executive Secretary; High Energy Physics Advisory Panel; U.S. Department of Energy; SC-25/Germantown Building, 1000 Independence Avenue, SW., Washington, DC 20585-1290; *Telephone* : 301-903-1298. SUPPLEMENTARY INFORMATION: *Purpose of Meeting:* To provide advice and guidance on a continuing basis with respect to the high energy physics research program. *Tentative Agenda:* Agenda will include discussions of the following: Thursday, February 22, 2007, and Friday, February 23, 2007. • Discussion of Department of Energy High Energy Physics Program. • Discussion of National Science Foundation Elementary Particle Physics Program. • Reports on and Discussions of Topics of General Interest in High Energy Physics. • Public Comment (10-minute rule). *Public Participation:* The meeting is open to the public. If you would like to file a written statement with the Panel, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact John Kogut, 301-903-1298 or *John.Kogut@science.doe.gov* (e-mail). You must make your request for an oral statement at least 5 business days before the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Chairperson of the Panel will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. *Minutes:* The minutes of the meeting will be available for public review and copying within 90 days at the Freedom of Information Public Reading Room; Room 1E-190; Forrestal Building; 1000 Independence Avenue, SW.; Washington, DC, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Issued at Washington, DC on November 17, 2006. R. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-19767 Filed 11-21-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-36-000] Dominion Cove Point LNG, LP Notice of Tariff Filing November 14, 2006. Take notice that on October 27, 2006, Dominion Cove Point LNG, LP (Dominion Cove Point) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, to become effective on the date that Dominion Cove Point places in-service its Vaporizer Reactivation Project certificated in Docket No. CP05-395-000: Pro Forma Sheet No. 1 Pro Forma Sheet No. 7 Pro Forma Sheet No. 8 Pro Forma Sheet No. 10 Pro Forma Sheet No.11 Pro Forma Sheet No. 20 Pro Forma Sheet No. 22 Pro Forma Sheet No. 23 Pro Forma Sheet No. 23A Pro Forma Sheet No. 27 Pro Forma Sheet No. 120 Pro Forma Sheet No. 121 Pro Forma Sheet No. 122 Pro Forma Sheet No. 123 Pro Forma Sheet No. 124 Pro Forma Sheet No. 203 Pro Forma Sheet No. 204 Pro Forma Sheet No. 205 Pro Forma Sheet No. 206 Pro Forma Sheet No. 230 Pro Forma Sheet No. 256 Pro Forma Sheet No. 256A Pro Forma Sheet No. 257 Pro Forma Sheet No. 261 Pro Forma Sheet No. 400 Pro Forma Sheet No. 450 Pro Forma Sheet No. 472 Pro Forma Sheet No. 475 Pro Forma Sheet No. 490 Pro Forma Sheet No. 492 Pro Forma Sheet Nos. 518-549 Pro Forma Sheet No. 550 Pro Forma Sheet No. 551 Pro Forma Sheet No. 552 Pro Forma Sheet Nos. 553-999 Dominion Cove Point's pro forma tariff sheets listed above establish rates and terms of service for the new incremental services associated with Vaporizer Reactivation Project: the Incremental Send-Out Quantities to be added to Rate Schedule LTD-1 and the new off-peak firm transportation service, Rate Schedule OTS. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-19699 Filed 11-21-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER06-1308-002] Midwest Independent Transmission System Operator, Inc.; Notice of Filing November 13, 2006. Take notice that on November 6, 2006, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) filed proposed revisions to Schedules 10-C, 16-A, and 17-A of the Midwest ISO's Open Access Transmission and Energy Markets Tariff, Third Revised Volume No. 1, compliance filing pursuant to the Commission's October 6, 2006 Order. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on November 27, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-19701 Filed 11-21-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-102-002] Southern Company Services, Inc.; Notice of Filing November 13, 2006. Take notice that on November 6, 2006, Southern Company Services, Inc. acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, and Southern Power Company filed a compliance filing pursuant with the Commission's Order on Settlement, Paragraph (C), issued October 5, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on November 27, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-19700 Filed 11-21-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 November 14, 2006. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC07-15-000. *Applicants:* Delta Person Limited Partnership; Lowell Cogeneration Company; Vineland Energy LLC; Delta Power Company, LLC; Delta Power Holdings, LLC; Arroyo DP Holding LP. *Description:* Delta Person Limited Partnership et al submit an application for authorization of indirect disposition of jurisdictional facilities. *Filed Date:* 11/03/2006. *Accession Number:* 20061109-0071 *Comment Date:* 5 p.m. Eastern Time on Friday, November 24, 2006. *Docket Numbers:* EC07-16-000; ER01-2398-014. *Applicants:* Liberty Electric Power, LLC. *Description:* Liberty Electric Power, LLC submits its application for authorization for disposition of jurisdictional facilities and notice of change on status. *Filed Date:* 11/07/2006. *Accession Number:* 20061113-0006. *Comment Date:* 5 p.m. Eastern Time on Tuesday, November 28, 2006. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER97-4257-012; ER97-4257-013. *Applicants:* Mid-Power Service Corporation. *Description:* Mid-Power Service Corp submits its Updated Market Analysis for the period ended 9/30/06 and to inform the Commission of a no change in status for that period. *Filed Date:* 11/08/2006. *Accession Number:* 20061114-0063. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. *Docket Numbers:* ER02-2397-005; ER03-796-005; ER05-118-003; ER05-131-003; ER05-454-003; ER06-1446-001; ER06-642-002; ER06-643-001; ER06-784-001. *Applicants:* Great Lakes Hydro America, LLC; Katahdin Paper Company LLC; Carr Street Generating Station, L.P.; Erie Boulevard Hydropower, L.P.; Bear Swamp Power Company LLC; Hawks Nest Hydro LLC; Brookfield Power Piney & Deep Creek LLC; Brookfield Energy Marketing Inc.; Rumford Falls Hydro LLC. *Description:* Bear Swamp Power Co, LLC et al submit a Notice of Change in Status. *Filed Date:* 11/03/2006. *Accession Number:* 20061109-0174. *Comment Date:* 5 p.m. Eastern Time on Friday, November 24, 2006. *Docket Numbers:* ER03-478-014; ER03-951-010; ER03-416-011; ER04-94-008; ER03-296-010; ER05-534-008; ER05-365-008; ER01-3121-009; ER02-418-008; ER05-332-008; ER06-1-006; ER02-417-008; ER05-1146-008; ER06-200-007; ER05-481-008; ER03-1326-007; ER05-1262-005; ER06-1093-001. *Applicants:* PPM Energy Inc.; Moraine Wind LLC; Klondike Wind Power LLC; Mountain View Power Partners III, LLC; Flying Cloud Power Partners, LLC; Eastern Desert Power LLC; Elk River Windfarm LLC; Klamath Energy LLC; Klamath Generation LLC; Klondike Wind Power II LLC; Leaning Juniper Wind Power, LLC; Phoenix Wind Power LLC; Shiloh I Wind Project LLC; Big Horn Wind Project LLC; Trimont Wind I LLC; Colorado Green Holdings, LLC; Flat Rock Windpower LLC; Flat Rock Windpower II LLC. *Description:* PPM Energy, Inc et al submit a notice of a change in status as a result of the acquisition of an interest in an affiliate of PPM by JPM Capital Corp. *Filed Date:* 11/09/2006. *Accession Number:* 20061114-0059. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. *Docket Numbers:* ER04-928-003. *Applicants:* Pacific Gas & Electric Company. *Description:* Pacific Gas and Electric Company submits a revised template for the City of Santa Clara, Silicon Valley Power Grizzly Development et al Settlement Agreement. *Filed Date:* 11/08/2006. *Accession Number:* 20061108-5031. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006 *Docket Numbers:* ER06-18-005. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator Inc submits proposed revisions to its Open Access Transmission and Energy Markets Tariff, pursuant to the Commission's 2/3/06 order. *Filed Date:* 11/08/2006. *Accession Number:* 20061113-0003. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. *Docket Numbers:* ER06-1358-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator Inc submits proposed compliance revisions to Attachment N-1 of its Open Access Transmission and Energy Markets Tariff, pursuant to the Commission's 10/10/06 order. *Filed Date:* 11/09/2006. *Accession Number:* 20061114-0065. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. *Docket Numbers:* ER06-1519-001. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator Inc submits an amendment to its 9/26/06 filing of the Transmission Interconnection Agreement, Service Agreement No. 1759, Third Revised Volume No. 1. *Filed Date:* 11/08/2006. *Accession Number:* 20061113-0002. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. *Docket Numbers:* ER07-175-000. *Applicants:* ISO New England Inc.; New England Power Pool. Participants Committee. *Description:* ISO New England Inc & New England Power Pool Participants Committee submits a joint changes to Market Rule 1 that revise the deadlines for including transmission & generation resources in the network assumptions used to calculate the Locational Forward Reserve Market Auction requirements. *Filed Date:* 11/03/2006. *Accession Number:* 20061108-0043. *Comment Date:* 5 p.m. Eastern Time on Monday, November 27, 2006. *Docket Numbers:* ER07-188-000. ER07-189-000; ER07-190-000; ER07-191-000; ER07-192-000. *Applicants:* Duke Energy Carolinas, LLC; Duke Energy Indiana, Inc.; Duke Energy Kentucky, Inc.; Duke Energy Ohio, Inc.; Duke Energy Shared Services, Inc. *Description:* Duke Energy Carolinas, LLC et al submits Notices of Succession, tariffs, rate schedules, service agreements to reflect new names, and a notice of cancellation. *Filed Date:* 11/09/2006. *Accession Number:* 20061031-4017. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. *Docket Numbers:* ER07-193-000. *Applicants:* Desert Generation & Trans Co-operative, Inc. *Description:* Deseret Generation and Transmission Co-operative, Inc submits its proposed Wholesale Power Contract Supplemental Rate Rebate to Service Agreement 1—6, FERC Electric Tariff, Original Volume 1. *Filed Date:* 11/08/2006. *Accession Number:* 20061113-0001. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. *Docket Numbers:* ER07-194-000. *Applicants:* Idaho Power Company. *Description:* Idaho Power Co submits its Tenth Revised Sheet 28 to the Transmission Services Agreement with the City of Seattle, City Light Department. *Filed Date:* 11/09/2006. *Accession Number:* 20061114-0061. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. *Docket Numbers:* ER07-195-000. *Applicants:* Locust Ridge Wind Farm, LLC. *Description:* Locust Ridge Wind Farm, LLC submits an application for order accepting market-based rate tariff for filing and granting waivers and blanket approvals, FERC Electric Tariff, 1. *Filed Date:* 11/09/2006. *Accession Number:* 20061114-0062. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. *Docket Numbers:* ER07-196-000. *Applicants:* Pinpoint Power, LLC. *Description:* Pinpoint Power, LLC submits its Amended and Restated Agreement for Supplemental Installed Capacity Southwest Connecticut with ISO New England, Inc. *Filed Date:* 11/09/2006. *Accession Number:* 20061114-0060. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. *Docket Numbers:* ER07-198-000. *Applicants:* Highland Energy. *Description:* Highland Energy LLC submits a Petition for Market Based Rate Authority, Request for Waivers and Blanket Approvals, designated as FERC Electric Tariff, Original Volume 1. *Filed Date:* 11/08/2006. *Accession Number:* 20061114-0064. *Comment Date:* 5 p.m. Eastern Time on Wednesday, November 29, 2006. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers:* PH07-5-000. *Applicants:* International Transmission Holdings LP. *Description:* Joint Waiver Notification of FERC 65B of International Transmission Holdings Limited Partnership, *et al.* under PH07-5. *Filed Date:* 11/09/2006. *Accession Number:* 20061109-5079. *Comment Date:* 5 p.m. Eastern Time on Thursday, November 30, 2006. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-19698 Filed 11-21-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06-102-000] Trunkline LNG Company, LLC ; Notice of Availability of the Environmental Assessment for the Proposed Infrastructure Enhancement Project November 13, 2006. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas facilities proposed by Trunkline LNG Company, LLC (Trunkline LNG) in the above-referenced docket. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of Ambient Air Vaporization

(AAV)facilities at its existing liquefied natural gas import terminal in Calcasieu Parish, Louisiana. These facilities would consist of system that uses ambient heat in the air to reduce the use of fuel gas in the vaporization of liquefied natural gas (LNG). Additionally, Trunkline LNG would add natural gas liquids

(NGL)processing facilities for LNG conditioning and British thermal unit

(Btu)control. The facilities would include the following: • 64 Potassium Formate (KF)-Air heaters (64 forced convection, three-fan air exchangers, 17.9 million Btu per hour (MMBtu/hr)/Air Heater; • Four KF-LNG Vaporizers (525 million standard cubic feet per day [MMscf/d]); • One NGL Recovery Unit, sized for a maximum capacity of 1,050 MMscf/d; • 1,160 feet of 12-inch-diameter ethane product piping; • 1,160 feet of 12-inch-diameter propane product piping; • Two propylene glycol heaters (150 MMBtu/hr each); • Glycol storage and circulation System; • Two electrical switchgear buildings; • One remote instrumentation building, designed as Equipment Room 2; and • Foam Building No. 4. The EA also discusses facilities planned by British Gas (BG), and Entergy Louisiana which are considered nonjurisdictional facilities to the FERC. These facilities include the expansion of the existing electric substation, a meter station, and the construction of two 16.4 mile-long

(each)take away NGL product pipelines; an NGL processing facility consisting of a metering station and a depropanizer/truck terminal facility; and an underground storage cavern. BG has contracted PetoLogistics, LLC to design, permit, and operate the meter station and take away pipelines. The pipelines would consist of a 12-inch-diameter ethane (approximately 1,800 gallons per minute [gpm]) pipeline and an 8-inch-diameter propane (approximately 1,250 gpm) pipeline. The pipelines would be constructed from the meter station to PetroLogistics' storage facility in Sulfur, Louisiana. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,

(202)502-8371. Copies of the EA have been mailed to Federal, State and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426; • Label one copy of the comments for the attention of the Gas Branch 2, PJ11.2. • Reference Docket No. CP06-102-000; and • Mail your comments so that they will be received in Washington, DC on or before December 13, 2006. Please note the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at * http:// www.ferc.gov * under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created by clicking on “Sign-up.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to seek rehearing of the Commission's decision. 1 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FercOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact (202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Magalie R. Salas, Secretary. [FR Doc. E6-19702 Filed 11-21-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OEI-2006-0515; FRL-8245-5] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Confidentiality Rules (Renewal); EPA ICR No. 1665.07, OMB Control No. 2020-0003 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

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

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 22, 2006. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-2006-0515 to

(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *oei.docket@epa.gov* , or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Larry F. Gottesman, National FOIA Officer, Collection Strategies Division, Office of Information Collection, Mail Code 2822T, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: 202-566-2162; fax number: 202-566-2147; e-mail address: *gottesman.larry@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 17, 2006, (71 *FR* 40510), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID. No. EPA-HQ-OEI-2006-0515, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Office of Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* Confidentiality Rules (Renewal). *ICR numbers:* EPA ICR No. 1665.07, OMB Control No. 2020-0003. *ICR Status:* This ICR is scheduled to expire on November 30, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* In the course of administering environmental protection statutes, EPA collects data from thousands of facilities in many sectors of the U.S. economy. In many cases, industry marks the data it submits to EPA as CBI. In addition, businesses submit information to EPA without the Agency requesting the information. EPA established the procedures described in 40 CFR part 2, subparts A and B, to protect the confidentiality of information as well as the rights of the public to obtain access to information under the Freedom of Information Act (FOIA). In accordance with these regulations, when EPA finds it necessary to make a final confidentiality determination (e.g., in response to a FOIA request or in the course of rulemaking or litigation), or in advance confidentiality determination, it shall notify the affected business and provides an opportunity to comment (i.e., to submit a substantiation of confidentiality claim). This ICR relates to the collection of information that will assist EPA in determining whether previously submitted information is entitled to confidential treatment. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 4.9 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Entities potentially affected by this action are businesses and other for-profit companies. *Estimated Number of Respondents:* 1,330. *Frequency of Response:* 1 per year. *Estimated Total Annual Hour Burden:* 6,521 hours. *Estimated Total Annual Cost:* $240,158, includes $0 annualized capital or O&M costs and $240,158 annual labor costs. *Changes in the Estimates:* There is no change in hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. Dated: November 14, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6-19751 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2006-0557; FRL-8245-6] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Tips and Complaints Regarding Environmental Violations (Renewal); EPA ICR No. 2219.02, OMB Control No. 2020-0032 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

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

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

(OMB)for review and approval. This is a request to renew an existing, approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before December 22, 2006. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-2006-0557, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), or by mail to: The Enforcement and Compliance Docket and Information Center, Environmental Protection Agency, Mailcode: 2201T, 1301 Constitution Ave., NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Michael Le Desma; Legal Counsel & Resource Management Division; Office of Criminal Enforcement, Forensics, and Training, Environmental Protection Agency, Building 25, Box 25227, Denver Federal Center, Denver, CO 80025; telephone number:

(303)462-9453; fax number:

(303)462-9075; e-mail address: *ledesma.michael@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On Thursday, August 31, 2006 (71 *FR* 51810), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the comment period, which is addressed in the ICR. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OECA-2006-0557, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is 202-564-1927. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* Tips and Complaints Regarding Environmental Violations (Renewal). *ICR numbers:* EPA ICR No. 2219.02, OMB Control No. 2020-0032. *ICR Status:* This ICR is scheduled to expire on November 30, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in Title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR Part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR Part 9. *Abstract:* The EPA tips and complaints web form is intended to provide an easy and convenient means by which members of the public can supply information to EPA regarding suspected violations of environmental law. The decision to provide a tip or complaint is entirely voluntary and use of the web form when supplying a tip or complaint is also entirely voluntary. Tippers need not supply contact information or other personal identifiers. Those who do supply such information, however, should know that this information may be shared by EPA with appropriate administrative, law enforcement, and judicial entities engaged in investigating or adjudicating the tip or complaint. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average one-half hour per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Respondents are expected to be members of the general public as well as employees of any company subject to federal environmental regulation. There is no specific industry or group of industries about which EPA expects tips or complaints. *Estimated Number of Respondents:* 3,600. *Frequency of Response:* One time, on occasion. *Estimated Total Annual Hour Burden:* 1,800 hours. *Estimated Total Annual Cost:* EPA does not anticipate any capital or start-up costs associated with completion of this form. EPA also does not anticipate that, in the usual case, burden hours associated with the tips and complaint form will translate into actual labor costs; we expect relatively few tips or complaints to be submitted as part of an employee's official duties. For this reason, we believe that the relevant “labor costs” associated with the form are best calculated as the wage opportunity cost to tippers of the form's estimated burden hours. The wage opportunity cost of the burden hours associated with this form can be estimated by multiplying the total number of burden hours by the average national hourly wage reported by the Bureau of Labor Statistics (BLS). BLS reports the average hourly wage in December 2005 to have been $18.59 per hour; accordingly, the total wage opportunity cost associated with the tips and complaints form would be approximately $33,462 per annum. *Changes in the Estimates:* There is no change in the hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. Dated: November 15, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6-19753 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2006-0448; FRL-8245-7] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels (Renewal) ICR Number 1060.14, OMB Number 2060-0038 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request

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

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before December 22, 2006. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2006-0448, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mari a Malave , Compliance Assessment and Media Programs Division (Mail Code 2223A), Office of Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:

(202)564-7027; fax number:

(202)564-0050; e-mail address: *malava.maria@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 21, 2006 (71 *FR* 35652), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2006-0448, which is available for public viewing online at *http://www/regulations.gov* , or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room B 3334, 1301 Constitution Avenue, 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 Reading Room is

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

(202)566-1927. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov* . *Title:* NSPS for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels (Renewal). *ICR Numbers:* EPA ICR Number 1060.14, OMB Control Number 2060-0038. *ICR Status:* This ICR is scheduled to expire on November 30, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract* : The New Source Performance Standards

(NSPS)for electric arc furnaces were proposed on October 21, 1974 (39 *FR* 37466) and promulgated on September 23, 1975 (40 FR 43850). These standards apply to the following affected facilities in steel plants that produce carbon, alloy, or specialty steels: Electric arc furnaces

(EAFs)and dust handling systems commencing construction, modification or reconstruction after the date of proposal and on or before August 17, 1983. A review of 40 CFR part 60, subpart AA in 1980 resulted in the promulgation of a new standard (NSPS 40 CFR part 60, subpart AAa). The review of NSPS subpart AA found that fugitive emissions capture technology had improved since promulgation of NSPS subpart AA, and that argon-oxygen decarburization

(AOD)vessels are a significant source of particulates in specialty steel shops. NSPS, subpart AAa was proposed on August 17, 1983 and promulgated on October 31, 1984. The new standard established new standards applicable to EAFs, AOD vessels, and dust handling systems constructed, modified, or reconstructed after August 17, 1983. On March 2, 1999, the Agency promulgated a direct final rule to amend subparts AA and AAa in response to a petition made by the Common Sense Initiative Council, established under a charter approved pursuant to the Federal Advisory Committee Act (FACA), which approved daily visible emissions observations as an alternative to static pressure monitoring at an EAF with a direct shell evacuation system, and clarified some definitions. In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 308 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* plants with electric arc furnaces, AOD vessels, and dust handling systems that produce carbon, alloy, or specialty steels. *Estimated Number of Respondents:* 97. *Frequency of Response:* Initially and semiannually. *Estimated Total Annual Hour Burden:* 60,112 hours (rounded). *Estimated Total Cost:* $5,286,222, which includes $4,140 annualized capital startup costs, $194,250 annual Operating and Maintenance (O&M) costs, and $5,087,832 annual labor cost. *Changes in the Estimates:* There is a decrease of 288 hours from the most recently approved ICR due primarily to a change made in the number of operational days from 365 to 350 which offsets any increase that resulted from the increase on the number of average respondents per year from 95.3 to 96.6. The labor hours for management, clerical, as well as for technical employees have been updated. The decrease in the annualized capital/startup and operation and maintenance costs from $285,750 to $198,390 is due to a decrease on the number of respondents using continuous opacity monitors

(COMs)for compliance with the stack emissions requirements. This is an update to the most recently approved ICR ( *i.e.* , ICR 1060.13) which did not account for this type of burden change as a result of the 2005 amendments to the standard. The operation and maintenance costs for the renewal of this ICR decreased due to a decrease in the number of sources using COMs as a result of electing to comply with the alternative option of daily opacity shop observations by a certified visible emission observer couple with the use of bag leak detection systems (BLDS). Dated: November 15, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6-19754 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2003-0073; FRL-8245-8] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Distribution of Offsite Consequence Analysis Information Under Section 112(r)(7)(H) of the Clean Air Act

(CAA)(Renewal); EPA No. 1981.03, OMB No. 2050-0172 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

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

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

(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to, *a-and-r-Docket@epa.gov,* or by mail to: EPA Air Docket, Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Solid Waste and Emergency Response, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-8019; fax number:

(202)564-2620; e-mail address: *jacob.sicy@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 14, 2006, (71 FR 40093), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA did not receive any comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2003-0073, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* Distribution of Offsite Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act

(CAA)(Renewal). *ICR number:* EPA ICR No. 1981.03, OMB Control No. 2050-0172. *ICR Status:* This ICR is scheduled to expire on December 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* This ICR is the renewal of the ICR developed for the final rule, Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site Consequence Analysis Information. CAA section 112(r)(7) required EPA to promulgate reasonable regulations and appropriate guidance to provide for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submittal of a risk management plan

(RMP)to EPA. The RMP includes information on offsite consequence analyses

(OCA)as well as other elements of the risk management program. On August 5, 1999, the President signed the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA). The Act required the President to promulgate regulations on the distribution of OCA information (CAA section 112(r)(7)(H)(ii)). The President delegated to EPA and the Department of Justice

(DOJ)the responsibility to promulgate regulations to govern the dissemination of OCA information to the public. The final rule was published on August 4, 2000 (65 FR 48108). The regulations imposed minimal requirements on the public, state and local agencies that request OCA data from EPA. The state and local agencies who decide to obtain OCA information must send a written request on their official letterhead to EPA certifying that they are covered persons under Public Law 106-40, and that they will use the information for official use only. EPA will then provide paper copies of OCA data to those agencies as requested. The rule authorizes and encourages state and local agencies to set up reading rooms. The local reading rooms would provide read-only access to OCA information for all the sources in the Locoal Emergency Planning Committee's (LEPC's) jurisdiction and for any source where the vulnerable zone extends into the LEPC's jurisdiction. Members of the public requesting to view OCA information at federal reading rooms would be required to sign in and self certify. If asking for OCA information from federal reading rooms for the facilities in the area where they live or work, they would be required to provide proof that they live or work in that area. Members of the public are required to give their names, telephone number, and the names of the facilities for which OCA information is being requested, when they contact the central office to schedule an appointment to view OCA information. *Burden Statement:* For this ICR period, EPA estimates a total of 2,150 hours (annually) for local agencies requesting OCA data from EPA and providing read-only access to the public. For the state agencies, the total annual burden for requesting OCA data from EPA and providing read-only access to the public, is 2,480 hours. For the public to display photo identification, sign a sign-in sheet, certify that the individual has not received access to OCA information for more than 10 stationary sources for that calendar month, and to request information from the vulnerable zone indicator system (VZIS), EPA estimates a total of 4,965 hours annually. The total burden for the members of the public, state and local agencies is 9,595 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* State and local agencies; members of the public. *Estimated Number of Respondents:* 5,220. *Frequency of Response:* On occasion. *Estimated Total Annual Hour Burden:* 9,595. *Estimated Total Annual Cost:* $296,603, which includes $100 annualizied capital or O&M costs and $296,500 annual labor costs. *Changes in the Estimates:* There is a decrease of 6,245 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR. This adjustment is due to using actual data of the state and local officials requesting OCA data and the public visiting reading rooms. The previous ICR estimated that all 50 states plus U.S. territories and D.C. and at least 1,000 of the 1,500 active LEPCs will be requesting OCA data. However, EPA only received requests for OCA data from 9 LEPCs and 240 state officials in the past three years. The public burden and costs have also decreased from the previous ICR, due to the actual number of people that have visited the federal, state and local reading rooms. Dated: November 15, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6-19756 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [IL228-1; FRL-8245-4] Notice of Prevention of Significant Deterioration Final Determination for Indeck Elwood, LLC AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final action. SUMMARY: This notice announces that on September 27, 2006, the Environmental Appeals Board

(EAB)of the EPA denied in part, and remanded in part, a petition for review of a federal Prevention of Significant Deterioration

(PSD)permit issued to Indeck-Elwood, LLC by the Illinois Environmental Protection Agency (IEPA). DATES: The effective date for the EAB's decision is September 27, 2006. Pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this permit decision, to the extent it is available, may be sought by filing a petition for review in the United States Court of Appeals for the Seventh Circuit within 60 days of January 22, 2007. ADDRESSES: The documents relevant to the above action are available for public inspection during normal business hours at the following address: Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604. To arrange viewing of these documents, call Constantine Blathras at

(312)886-0671. FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Air and Radiation Division, Air Programs Branch, Environmental Protection Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, Illinois 60604. Anyone who wishes to review the EAB decision can obtain it at *http://www.epa.gov/eab/* . SUPPLEMENTARY INFORMATION: Notification of EAB Final Decision The IEPA, acting under authority of a PSD delegation agreement, issued a PSD permit to Indeck-Elwood, LLC on October 10, 2003, granting approval to construct a coal-fired steam electric generating station in Elwood, Will County, Illinois. The American Lung Association of Metropolitan Chicago, Citizens Against Ruining the Environment, the Clean Air Task Force, Lake County Conservation Alliance, and the Sierra Club filed a petition for review with the EAB on November 17, 2003. The EAB denied in part, and remanded in part, the petition on September 27, 2006. The EAB remands the permit on the following issues: The inclusion of Source-Wide Condition 9, which allows Indeck Elwood to construct a power plant with less capacity than addressed by the permit applicant; IEPA's soils and vegetation analysis; the permit's substitution of work and operational practices for Best Available Control Technology numeric limits during start-up, shut-down, and malfunction events; and the permit's particulate matter emissions limits and the absence of a limitation for condensable particulate matter. On all other issues, review is denied. Dated: November 13, 2006. Jo Lynn Traub, Acting Regional Administrator, Region 5. [FR Doc. E6-19785 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8245-2] Secondary Containment Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005 AGENCY: Environmental Protection Agency. ACTION: Notice of availability. SUMMARY: By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks

(OUST)is advising the public that on November 15, 2006 EPA issued the secondary containment grant guidelines and made the guidelines available on EPA's Web site at: *http://www.epa.gov/oust/fedlaws/epact_05.htm#Final* . In this notice, EPA is publishing the secondary containment grant guidelines in their entirety. EPA developed the secondary containment grant guidelines as required by section 9003(i)(1) of Subtitle I of the Solid Waste Disposal Act, as amended by section 1530 of the Energy Policy Act of 2005. DATES: On November 15, 2006, EPA issued and posted the secondary containment grant guidelines on EPA's Web site. EPA is notifying the public via this notice that the secondary containment grant guidelines are available as of November 22, 2006. ADDRESSES: EPA posted the secondary containment grant guidelines on our Web site at: *http://www.epa.gov/oust/fedlaws/epact_05.htm#Final.* You may also obtain paper copies from the National Service Center for Environmental Publications (NSCEP), EPA's publications distribution warehouse. You may request copies from NSCEP by calling 1-800-490-9198; writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 301-604-3408. Ask for: Grant Guidelines To States For Implementing The Secondary Containment Provision Of The Energy Policy Act Of 2005 (EPA 510-R-06-001, November 2006). FOR FURTHER INFORMATION CONTACT: Paul Miller, EPA's Office of Underground Storage Tanks, at *miller.paul@epa.gov* or

(703)603-7165. SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled the Underground Storage Tank Compliance Act of 2005, contains amendments to Subtitle I of the Solid Waste Disposal Act. This is the first federal legislative change for the underground storage tank

(UST)program since its inception over 20 years ago. The UST provisions of the law significantly affect federal and state UST programs; require major changes to the programs; and are aimed at further reducing UST releases to our environment. Among other things, the UST provisions of the Energy Policy Act require that states receiving funding under Subtitle I comply with certain requirements contained in the law. OUST worked, and is continuing to work, with its partners to develop grant guidelines that EPA regional tank programs will incorporate into states' grant agreements. The guidelines will provide states that receive UST funds with specific requirements, based on the UST provisions of the Energy Policy Act, for their state UST programs. Section 9003(i) of Subtitle I of the Solid Waste Disposal Act, as amended by section 1530 of the Energy Policy Act, requires EPA to require states that receive Subtitle I funding to impose measures to protect groundwater from contamination by USTs through use of either secondary containment or evidence of financial responsibility and certification. As a result of that requirement, EPA worked with states, tribes, other federal agencies, tank owners and operators, UST equipment industry, and other stakeholders to develop draft secondary containment grant guidelines. In May 2006, EPA released a draft of the secondary containment grant guidelines. EPA considered comments and, subsequently on November 15, 2006, issued the secondary containment grant guidelines. EPA will incorporate these guidelines into grant agreements between EPA and states. States receiving funds from EPA for their UST programs must comply with the UST provisions of the Energy Policy Act and will be subject to action by EPA under 40 CFR 31.43 if they fail to comply with the guidelines. (Please note that EPA intends to issue the financial responsibility and certification grant guidelines in the next few months.) *Statutory and Executive Order Reviews:* Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and is therefore not subject to OMB review. Because this grant action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. Section 601) or Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999

(UMRA)(Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments. Although this action does create new binding legal requirements, such requirements do not substantially and directly affect Tribes under Executive Order 13175 (63 FR 67249, November 9, 2000). Although this grant action does not have significant Federalism implications under Executive Order 13132 (64 FR 43255, August 10, 1999), EPA consulted with states in the development of these grant guidelines. This action is not subject to Executive Order 13211, “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards; thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. Since this final action will contain legally binding requirements, it is subject to the Congressional Review Act, and EPA will submit a report to Congress containing this final action prior to the publication of this action in the **Federal Register** . Grant Guidelines to States for Implementing the Secondary Containment Provision of the Energy Policy Act of 2005 U.S. Environmental Protection Agency; Office of Underground Storage Tanks; November 2006. Contents Overview of the Secondary Containment Grant Guidelines Why Is EPA Issuing These Guidelines? What Is in These Guidelines? When Do These Guidelines Take Effect? Requirements for Secondary Containment What Underground Tanks, Piping, and Motor Fuel Dispenser Systems Do These Guidelines Apply To? What Definitions Are Used in These Guidelines? How Does a State Implement These Guidelines? What Are the Minimum Secondary Containment Requirements? When Is Secondary Containment Required? When Is Under-Dispenser Containment Required? Where Must the 1,000 Feet Be Measured From? How May States Determine When an Underground Tank, Piping, or Motor Fuel Dispenser System Is Not Within 1,000 Feet of an Existing Community Water System or Existing Potable Drinking Water Well? How Will States Know That Secondary Containment and Under-Dispenser Containment are Installed Where Required? What Enforcement Authority Must States Have for Secondary Containment? How Will States Demonstrate Compliance With These Guidelines? How Will EPA Enforce States' Compliance With the Requirements in These Guidelines? For More Information About the Secondary Containment Grant Guidelines Background About the Energy Policy Act of 2005 Overview of the Secondary Containment Grant Guidelines Why Is EPA Issuing These Guidelines? The U.S. Environmental Protection Agency (EPA), in consultation with states, developed these grant guidelines to implement the secondary containment provision in Section 9003(i)(1) of the Solid Waste Disposal Act (SWDA), enacted by the Underground Storage Tank Compliance Act, part of the Energy Policy Act of 2005 signed by President Bush on August 8, 2005. Section 1530 of the Energy Policy Act amends Section 9003 in Subtitle I of the Solid Waste Disposal Act by adding requirements for additional measures to protect groundwater from contamination. State underground storage tank

(UST)programs that receive funding under Subtitle I must meet, at a minimum, one of the following: 1. *Tank and Piping Secondary Containment* —Each new or replaced underground tank, or piping connected to any such new or replaced tank, that is within 1,000 feet of any existing community water system or any existing potable drinking water well must be secondarily contained and monitored for leaks. In the case of a replacement of an existing underground tank or existing piping connected to the underground tank, the secondary containment and monitoring shall apply only to the specific underground tank or piping being replaced, not to other underground tanks and connected pipes comprising such system. In addition, each new motor fuel dispenser system installed within 1,000 feet of any existing community water system or any existing potable drinking water well must have under-dispenser containment. These requirements do not apply to repairs meant to restore an underground tank, pipe, or dispenser to operating condition. or, 2. *Evidence of Financial Responsibility and Certification* —A person that manufactures an underground tank or piping for an underground storage tank system or installs an underground storage tank system must maintain evidence of financial responsibility under Section 9003(d) of Subtitle I in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation unless the person can demonstrate themselves to be already covered as an owner or operator of an underground storage tank under Section 9003 of Subtitle I. In addition, underground storage tank installers must: be certified or licensed; have the installation certified or approved; install the underground storage tank system compliant with a code of practice and in accordance with the manufacturer's instructions; or use another method determined to be no less protective of human health and the environment. EPA's Office of Underground Storage Tanks

(OUST)is issuing these grant guidelines to establish the minimum requirements a state receiving Subtitle I funding (hereafter referred to as “state”) must meet in order to comply with the secondary containment requirements in the Energy Policy Act. What Is in These Guidelines? These guidelines describe the minimum requirements for secondary containment that a state's underground storage tank program must contain in order for a state to comply with statutory requirements for Subtitle I funding. These guidelines include definitions, requirements, and examples for states choosing to implement the secondary containment provision. When Do These Guidelines Take Effect? States receiving Subtitle I funding must implement either the secondary containment requirements described in these guidelines or the financial responsibility and installer certification requirements (described in separate guidelines) by February 8, 2007. Requirements for Secondary Containment What Underground Tanks, Piping, and Motor Fuel Dispenser Systems Do These Guidelines Apply To? These guidelines apply to new or replaced underground tanks and piping regulated under Subtitle I except those excluded by regulation at 40 CFR 280.10(b) and those deferred by regulation at 40 CFR 280.10(c). New or replaced underground tanks and piping used for emergency power generation [deferred from release detection by 280.10(d)] must meet these guidelines. These guidelines also apply to new motor fuel dispenser systems connected to underground storage tank systems covered by these guidelines. What Definitions Are Used in These Guidelines? The following are definitions for purposes of these guidelines. *Community Water System (CWS)* —A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. This definition is taken from the federal drinking water regulations at 40 CFR 141.2 (7-1-02 Edition). *Existing* —For purposes of these guidelines, existing means that an underground tank, piping, motor fuel dispensing system, facility, community water system, or potable drinking water well is in place when a new installation or replacement of an underground tank, piping, or motor fuel dispensing system begins. *Installation of a New Motor Fuel Dispenser System* —The installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the underground storage tank system. It does not mean the installation of a motor fuel dispenser installed separately from the equipment needed to connect the dispenser to the underground storage tank system. For purposes of these guidelines, the equipment necessary to connect the motor fuel dispenser to the underground storage tank system may include check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are beneath the dispenser and connect the dispenser to the underground piping. *Motor Fuel* —Petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol and is typically used in the operation of a motor engine. 1 1 This definition applies to blended petroleum motor fuels such as biodiesel and ethanol blends that contain more than a *de minimis* amount of petroleum or petroleum-based substance. *Piping* —For purposes of these guidelines, piping is the hollow cylinder or the tubular conduit constructed of non-earthen materials that routinely contains and conveys regulated substances from the underground tank(s) to the dispenser(s) or other end-use equipment. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey regulated substances from the underground tank(s) to the dispenser(s). This definition does not include vent, vapor recovery, or fill lines. *Potable Drinking Water Well* —Any hole (dug, driven, drilled, or bored) that extends into the earth until it meets groundwater which: • Supplies water for a non-community public water system, or • Otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses). Such wells may provide water to entities such as a single-family residence, group of residences, businesses, schools, parks, campgrounds, and other permanent or seasonal communities. *Public Water System (PWS)* —A system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “non-community water system.” This definition is taken from the federal drinking water regulations at 40 CFR 141.2 (7-1-02 Edition). *Replace* —This term applies to underground tanks and piping. *Underground tank* —Replace means to remove an existing underground tank and install a new underground tank. 2 2 A new underground tank is a tank that meets the new tank standards in 40 CFR 280.20, whether or not the tank was ever used before. *Piping* —Replace means to remove and put back in an amount of piping connected to a single underground tank defined by the state to be a replacement. States may determine the amount of piping connected to a single underground tank that triggers replacement by piping length, percent of piping replaced, percent of piping replacement cost, or some combination of these. At a minimum, states must consider a piping replacement to have occurred when 100 percent of the piping, excluding connectors (such as flexible connectors), connected to a single underground tank is removed and put back in. States are encouraged to consider variations in underground storage tank system layout, such as those having extensive piping runs, when determining piping replacement criteria. *Secondary Containment* —A release prevention and release detection system for an underground tank and/or piping. The release prevention part of secondary containment is an underground tank and/or piping having an inner and outer barrier. Between these two barriers is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substances from the underground tank and/or piping (called interstitial monitoring). Interstitial monitoring must meet the release detection requirements in 40 CFR 280.43(g). *Under-Dispenser Containment (UDC)* —Containment underneath a dispenser that will prevent leaks from the dispenser from reaching soil or groundwater. Such containment must: • Be liquid-tight on its sides, bottom, and at any penetrations; • Be compatible with the substance conveyed by the piping; and • Allow for visual inspection and access to the components in the containment system and/or be monitored. *Underground Storage Tank (UST)* —This term has the same meaning given to it in Section 9001 of Subtitle I, except that such term does not include tank combinations or more than a single underground pipe connected to a tank. *Underground Tank* —This term has the same meaning as underground storage tank except that such term does not include underground piping. How Does a State Implement These Guidelines? A state implements these guidelines by: • Requiring secondary containment and interstitial monitoring for all new or replaced underground tanks and piping unless a state determines 3 that the new or replaced underground tank and piping are not within 1,000 feet of any existing community water system or any existing potable drinking water well; and 3 See the section titled How May States Determine When An Underground Tank, Piping, Or Motor Fuel Dispenser System Is Not Within 1,000 Feet Of An Existing Community Water System Or Existing Potable Drinking Water Well? of these guidelines for further information. • Requiring under-dispenser containment for all new motor fuel dispenser systems unless a state determines that the new motor fuel dispenser system is not within 1,000 feet of any existing community water system or any existing potable drinking water well. The state must meet these requirements by February 8, 2007. A state may choose to develop more stringent requirements than described in these guidelines. For example, a state may choose to require secondary containment for all new installations and replacements, independent of whether the installation is within 1,000 feet of any existing community water system or any existing potable drinking water well. Likewise, a state may choose to develop more stringent definitions. What Are the Minimum Secondary Containment Requirements? Consistent with current EPA regulations for hazardous substance tanks and piping [see 40 CFR 280.42(b)(1)], these guidelines require that, at a minimum, secondary containment systems be designed, constructed, and installed to: • Contain regulated substances released from the tank system until they are detected and removed, • Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system, and • Be checked for evidence of a release at least every 30 days. In addition, interstitial monitoring must meet the requirements of 40 CFR 280.43(g). Section 1530 of the Energy Policy Act does not include under-dispenser containment as part of the secondary containment requirements for new or replaced underground tanks and piping. Instead, under-dispenser containment is required when installing a new motor fuel dispenser system. However, in cases where secondary containment of piping is required, under-dispenser containment may be necessary for secondary containment of the piping near the dispenser. Likewise, containment above the underground tank may be necessary for secondary containment of the piping near the underground tank. When Is Secondary Containment Required? Secondary containment, including interstitial monitoring, is required for all new or replaced underground tanks and piping unless a state determines that the installation is not within 1,000 feet of any existing community water system or any existing potable drinking water well. If an existing underground tank is replaced, the secondary containment and interstitial monitoring requirements apply only to the replaced underground tank. Likewise, if existing piping is replaced, the secondary containment and interstitial monitoring requirements apply only to the replaced piping. States are not required to apply the requirements in these guidelines to repairs meant to restore an underground tank, piping, or dispenser to operating condition. Solely for purposes of determining when secondary containment is required by these guidelines, a repair is any activity that does not meet the definition of replace. *Manifolded Underground Tanks:* States are not required to apply the secondary containment requirements to underground tanks that are not new or replaced in a manifolded underground tank system. *Multiple Piping Runs Connected To A Single Underground Tank:* For underground tanks with multiple piping runs, states are not required to apply the secondary containment requirements to those piping runs that are not new or replaced. *Suction Piping And Manifold Piping:* States are not required to apply the secondary containment requirements to suction piping that meets the requirements at 40 CFR 280.41(b)(2)(i)-(v) or to piping that manifolds two or more underground tanks together. *New Dispensers And Connected Piping At An Existing Underground Storage Tank Facility:* If a new motor fuel dispenser system is installed at an existing underground storage tank facility and new piping is added to the underground storage tank system to connect the new dispenser to the existing system, then the new dispenser must have under-dispenser containment and the new piping must meet the requirements described in these guidelines. States are not required to apply the requirements in these guidelines to the existing piping to which the new piping is connected. *New Underground Storage Tank Facilities:* If a new underground storage tank facility will be installed that is not within 1,000 feet of any existing community water system or any existing potable drinking water well *and* the owner will install a potable drinking water well at the new facility that is within 1,000 feet of the underground tanks, piping, or motor fuel dispenser systems as part of the new underground storage tank facility installation, then secondary containment and under-dispenser containment are required, regardless of whether the well is installed before or after the underground tanks, piping, and motor fuel dispenser systems are installed. Although not required by these guidelines, states may want to consider the following when developing secondary containment and under-dispenser containment requirements for new and replaced underground tanks and piping and new motor fuel dispenser systems: • Designated source water protection areas, • Water sources such as natural springs and surface waters, and • Planned locations for new community water systems and new potable drinking water wells. EPA encourages state underground storage tank programs to work with state agencies responsible for drinking water programs and state well permitting authorities to protect source water and other sensitive areas. When Is Under-Dispenser Containment Required? All new motor fuel dispenser systems must have under-dispenser containment unless a state determines that the new dispenser is not located within 1,000 feet of any existing community water system or any existing potable drinking water well. A motor fuel dispenser system is considered new when: • A dispenser is installed at a location where there previously was no dispenser (new underground storage tank system or new dispenser location at an existing underground storage tank system), or • An existing dispenser is removed and replaced with another dispenser and the equipment used to connect the dispenser to the underground storage tank system is replaced. This equipment may include unburied flexible connectors or risers or other transitional components that are beneath the dispenser and connect the dispenser to the piping. Where Must the 1,000 Feet Be Measured From? To determine if a new or replaced underground tank or piping or new motor fuel dispenser system is within 1,000 feet of any existing community water system or any existing potable drinking water well, at a minimum the distance must be measured from the closest part of the new or replaced underground tank or piping or new motor fuel dispenser system to: • The closest part of the nearest existing community water system, including such components as: —The location of the wellhead(s) for groundwater and/or the location of the intake point(s) for surface water; —Water lines, processing tanks, and water storage tanks; and —Water distribution/service lines under the control of the community water system operator. • The wellhead of the nearest existing potable drinking water well. How May States Determine When an Underground Tank, Piping, or Motor Fuel Dispenser System Is Not Within 1,000 Feet of an Existing Community Water System or Existing Potable Drinking Water Well? States must have a system in place for determining when new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet of any existing community water system or any existing potable drinking water well. There are various options states may use for making this determination. The following are some examples for meeting this requirement. • States may determine, or establish criteria for determining, when new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet. • States may designate another entity to determine whether new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet. • States may require that owners or operators demonstrate to the satisfaction of the state that their new or replaced underground tanks or piping or new motor fuel dispenser systems are not within 1,000 feet. How Will States Know That Secondary Containment and Under-Dispenser Containment Are Installed Where Required? States must have a system in place so they will know that secondary containment and under-dispenser containment are installed where required by these guidelines. Such a system could be registration, notification, record keeping, or another mechanism developed by the state. What Enforcement Authority Must States Have for Secondary Containment? At a minimum, states must have comparable enforcement authorities for their secondary containment requirements as they have for current underground storage tank requirements. How Will States Demonstrate Compliance With These Guidelines? After February 8, 2007, the effective date of the secondary containment requirements, and before receiving future grant funding, states must provide one of the following to the appropriate EPA Regional office: • For a state that has met the requirements for secondary containment, the state must submit a certification indicating that the state meets the requirements in the guidelines. • For a state that has not yet met the requirements for secondary containment, the state must provide a document that describes the state's efforts to meet the requirements. This document must include: —A description of the state's activities to date to meet the requirements in the guidelines; —A description of the state's planned activities to meet the requirements; and —The date by which the state expects to meet the requirements. EPA may verify state certifications of compliance through site visits, record reviews, or audits as authorized by 40 CFR Part 31. How Will EPA Enforce States' Compliance With the Requirements in These Guidelines? As a matter of law, each state that receives funding under Subtitle I, which would include a Leaking Underground Storage Tank

(LUST)Cooperative Agreement, must comply with certain underground storage tank requirements of Subtitle I. EPA anticipates State and Tribal Assistance Grants

(STAG)funds will be available under the 2007 Appropriations Act for certain purposes authorized by the Energy Policy Act, and EPA will condition STAG grants with compliance with these guidelines. Absent a compelling reason to the contrary, EPA expects to address noncompliance with these STAG grant conditions by utilizing EPA's grant enforcement authorities under 40 CFR Part 31.43, as necessary and appropriate. For More Information About the Secondary Containment Grant Guidelines Visit the EPA Office of Underground Storage Tanks Web site at http://www.epa.gov/oust or call 703-603-9900. Background About The Energy Policy Act Of 2005 On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act) contains amendments to Subtitle I of the Solid Waste Disposal Act—the original legislation that created the underground storage tank

(UST)program. These amendments significantly affect federal and state underground storage tank programs, will require major changes to the programs, and are aimed at reducing underground storage tank releases to our environment. The amendments focus on preventing releases. Among other things, they expand eligible uses of the Leaking Underground Storage Tank

(LUST)Trust Fund and include provisions regarding inspections, operator training, delivery prohibition, secondary containment and financial responsibility, and cleanup of releases that contain oxygenated fuel additives. Some of these provisions require implementation by August 2006; others will require implementation in subsequent years. To implement the new law, EPA and states will work closely with tribes, other federal agencies, tank owners and operators, and other stakeholders to bring about the mandated changes affecting underground storage tank facilities. To see the full text of this new legislation and for more information about EPA's work to implement the underground storage tank provisions of the law, see: *http://www.epa.gov/oust/fedlaws/nrg05_01.htm.* Dated: November 15, 2006. Susan Parker Bodine, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. E6-19749 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0907; FRL-8103-5] The Association of American Pesticide Control Officials (AAPCO)/Full State FIFRA Issues Research and Evaluation Group (SFIREG); Notice of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Association of American Pesticide Control Officials (AAPCO)/Full State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on December 4, 2006 and ending December 5, 2006. This notice announces the location and times for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on December 4, 2006 from 8.30 a.m. to 5 p.m. and 8:30 a.m. to 12 noon on December 5, 2006. To request accommodation of a disability, please contact the person listed under FOR FURTHER INFORMATON CONTACT , preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. ADDRESSES: The meeting will be held at Radisson Hotel Reagan National Airport, 2020 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)605-0195; fax number:

(703)308-1850; e-mail address: *mcduffie.georgia@epa.gov* or Philip H. Gray, SFIREG Executive Secretary, P.O. Box 1249, Hardwick, VT 05843-1249; telephone number:

(802)472-6956; fax number:

(802)472-6957; e-mail address: *aapco@plainfield.bypass.com* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you all parties interested in SFIREG information exchange relationship with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA's decision-making process are invited and encouraged to attend the meetings and participate as appropriate. Potentially affected entities may include, but are not limited to: Those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2006-0907. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov,* or, if only available in hard copy at the Office of Pesticide Programs

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

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. Tentative Agenda 1. Electronic Labeling and Unique Label Identifiers 2. Drift Issues and Lessons Learned 3. Implementation of Container and Containment Regulations 4. OPP Performance Measures 5. Endangered Species Implementation Update and the Role of the Services in Enforcements. 6. Section 18 Renewal Process 7. Water Quality Benchmarks and Metabolite Issues 8. TPPC Issues and Participation in SFIREG 9. Review of “Parking Lot Issues” 10. EPA Update/Briefing a. Office of Pesticide Programs Update b. Office of Enforcement Compliance Assurance Update 11. Antimicrobials Division Notice on HVAC products 12. Regional/Working Committee Reports List of Subjects Environmental protection. Dated: November 13, 2006. William R. Diamond, Director, Field External Affairs Division, Office of Pesticide Programs [FR Doc. E6-19576 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8246-4] Workshop on Interpretation of Epidemiologic Studies of Multipollutant Exposure and Health Effects AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Workshop. SUMMARY: EPA is announcing that a workshop entitled, “Interpretation of Epidemiologic Studies of Multipollutant Exposure and Health Effects,” is being organized by EPA's National Center for Environmental Assessment, Office of Research and Development, to be held on December 13 and 14, 2006, in Research Triangle Park, NC. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space. DATES: The workshop will be held on December 13 and 14, 2006. ADDRESSES: The workshop will be held at the Sheraton Hotel in Chapel Hill, NC. An EPA contractor, SAIC, is organizing the workshop. For further information on the workshop, contact Kristin Wheeler, SAIC Conference Coordinator, 11251 Roger Bacon Drive, Reston, VA 20190, telephone: 703-318-4535; facsimile: 703-318-4755; e-mail: *wheelerkr@saic.com.* FOR FURTHER INFORMATION CONTACT: Questions regarding information, registration, and logistics for the workshop should be directed to Kristin Wheeler, SAIC Conference Coordinator, 11251 Roger Bacon Drive, Reston, VA 20190, telephone: 703-318-4535; facsimile: 703-318-4755; e-mail: *wheelerkr@saic.com.* Questions regarding the workshop should be directed to Dr. Jee Young Kim, telephone: 919-541-4157; facsimile: 919-541-1818; e-mail: *kim.jee-young@epa.gov.* SUPPLEMENTARY INFORMATION: I. Summary of Information About the Project/Document The U.S. Clean Air Act requires that EPA carry out periodic reviews of the National Ambient Air Quality Standards (NAAQS) for major “criteria” air pollutants and to revise the NAAQS for a given pollutant, as appropriate. As part of these reviews, the National Center for Environmental Assessment, within EPA's Office of Research and Development (ORD), assesses the newly available scientific information in Science Assessment documents (formerly known as Criteria Documents) that provide the scientific basis for the reviews of the NAAQS for particulate matter (PM), ozone (O 3 ), carbon monoxide (CO), nitrogen oxides (NO X ), sulfur oxides (SO x ), and lead (Pb). NCEA is holding this workshop to inform the Agency's evaluation of the science in the review of the NAAQS for all criteria pollutants. The workshop will address various issues involved in the interpretation of epidemiologic study results that are based on ambient air monitoring data. These include issues related to exposure assessment, multipollutant confounding and effect modification, statistical modeling and biological plausibility. Cross-cutting issues pertaining to evaluation of all of the criteria air pollutants will be examined, with emphasis to be placed on studies involving evaluation of multipollutant health risks. This workshop is planned to advance interpretation and understanding of criteria air pollutant health effects analyses in population-level epidemiologic studies, with a focus on multi-pollutant exposures. The principal goals of this workshop are to:

(1)Assess issues related to the interpretation of the epidemiologic literature, particularly related to the use of centrally located air quality monitors;

(2)discuss new methodology and approaches to advance future epidemiologic research in the areas of exposure error, confounding and effect modification by copollutants, and statistical modeling; and

(3)evaluate the extent to which evidence from human clinical and animal toxicologic studies aids in interpretation of findings observed in the epidemiologic literature. II. Workshop Information Members of the public may attend the workshop as observers. Space is limited, and reservations will be accepted on a first-come, first-served basis. Dated: November 16, 2006. George W. Alapas, Deputy Director, National Center for Environmental Assessment. [FR Doc. E6-19806 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8246-3] Science Advisory Board Staff Office; Notification of a Meeting of the Science Advisory Board AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The EPA Science Advisory Board

(SAB)Staff Office announces a public face-to-face meeting of the chartered SAB to:

(1)Discuss science use in disaster response programs;

(2)conduct a quality review of the draft SAB Report on Office of Pollution Prevention and Toxics

(OPPT)Estimation Programs Interface Suite; and

(3)continue planning for upcoming SAB meetings. DATE: The meeting dates are Tuesday, December 12, 2006, from 8:30 a.m. to 5:30 p.m. through Thursday, December 14, 2006, from 8:30 a.m. to 12 p.m. (Eastern Time). ADDRESSES: The meeting will be held at the Four Points by Sheraton Washington, DC Downtown hotel, 1201 K Street, NW., Washington, DC 20005, phone

(202)289-7600. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain further information about this meeting may contact Mr. Thomas O. Miller, Designated Federal Officer (DFO), by mail at EPA SAB Staff Office, (1400F), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by telephone at

(202)343-9982; by fax at

(202)233-0643; or by e-mail at: *miller.tom@epa.gov.* The SAB mailing address is: U.S. EPA, Science Advisory Board (1400F), 1200 Pennsylvania Ave., NW., Washington, DC 20460. General information about the SAB, as well as any updates concerning the meeting announced in this notice, may be found on the SAB Web site at: *http://www.epa.gov/sab.* SUPPLEMENTARY INFORMATION: The SAB was established by 42 U.S.C. 4365 to provide independent scientific and technical advice, consultation, and recommendations to the EPA Administrator on the technical basis for Agency positions and regulations. The SAB is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Background The SAB is considering advising the Agency on the use of science in environmental disaster response. The SAB has invited several non-EPA experts to discuss their experiences with disaster response situations to explore how science might be better applied to future disasters. The chartered SAB will also conduct a quality review of the draft SAB Report on Office of Pollution Prevention and Toxics

(OPPT)Estimation Programs Interface Suite. Background information on this advisory subject can be found in a **Federal Register** Notice published February 1, 2006 (1 FR 8578-8580). Finally, the SAB will discuss plans for future meetings. Availbility of Meeting Materials Materials in support of this meeting will be placed on the SAB Web site at *http://www.epa.gov/sab* in advance of this meeting. Procedures for Providing Public Input Interested members of the public may submit relevant written or oral information for the SAB to consider during the advisory process. *Oral Statements:* In general, individuals or groups requesting an oral presentation at a public meeting will be limited to five minutes per speaker, with no more than one hour for all speakers. Interested parties should contact Mr. Miller, DFO, at the contact information provided above, by December 6, 2006, to be placed on the public speaker list for the December 12-14, 2006 meeting. *Written Statements:* Written statements should be received in the SAB Staff Office by December 6, 2006, so that the information may be made available to the SAB for their consideration prior to this meeting. Written statements should be supplied to the DFO in the following formats: One hard copy with original signature, and one electronic copy via e-mail to: *miller.tom@epa.gov* (acceptable file format: Adobe Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP format). Meeting Accommodations: For information on access or services for individuals with disabilities, please contact Mr. Thomas Miller at

(202)343-9982, or via e-mail at *miller.tom@epa.gov.* To request accommodation of a disability, please contact Mr. Miller, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: November 16, 2006. Anthony Maciorowski, Associate Director for Science, EPA Science Advisory Board Staff Office. [FR Doc. E6-19747 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2003-0237; FRL-8102-9] Methyl Parathion; Notice of Receipt of a Request to Voluntarily Amend Methyl Parathion Pesticide Registrations to Terminate Uses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily amend their registration to terminate some uses from the methyl parathion technical registration. The request would terminate methyl parathion use in or on cabbage, dried beans, dried peas, hops, lentils, pecans and sugar beets. The request would not terminate the last methyl parathion product registered for use in the U.S., but would terminate these uses on the only technical product. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before December 22, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2003-0237, by one of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2003-0237. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)308-8005; e-mail address: *pates.john@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background on the Receipt of Requests to Amend Registrations to Delete Uses This notice announces receipt by EPA of a request from the registrant Cheminova A/S to amend their registration to terminate some uses from the methyl parathion technical registration. Methyl parathion is an insecticide/miticide for use on various terrestrial food and feed crops to control many types of pests, including mites, thrips, weevils, aphids, and leafhoppers. In a letter dated October 11, 2006, Cheminova A/S requested EPA to amend the technical registration to terminate uses of the pesticide identified in this notice (Table 1). Specifically, the registrant has agreed to voluntarily cancel all use on cabbage, dried beans, dried peas, hops, lentils, pecans and sugar beets. The registrant's request will not terminate the last methyl parathion products registered in the United States, or the last pesticide products registered in the United States for these uses. This request will, however, remove these uses from the only technical methyl parathion registration. After this action is complete, a subsequent notice will be published to amend all end-use product registrations to remove these uses. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from the registrant to amend to terminate certain uses of methyl parathion registrations. The affected registrations and the registrant making the request are identified in Tables 1 and 2 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The methyl parathion registrant has requested that EPA waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed request. Unless a request is withdrawn by the registrant within 30 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued amending the affected registrations. **Table 1.—Methyl Parathion Product Registrations with Pending Requests for Amendment** Registration No. Product name Company Use Sites 4787-33 Methyl Parathion Technical Cheminova A/S Cabbage, dried beans, dried peas, hops, lentils, pecans, and sugar beets Table 2 of this unit includes the name and address of record for the registrant of the registrations listed in Table 1 of this unit. **Table 2.—Registrants Requesting Voluntary Cancellation and/or Amendments** EPA Company No. Company name and address 4787 Cheminova, A/S Suite 700 Washington Office 1600 Wilson Boulevard Suite 700 Arlington, VA 22209 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Methyl Parathion Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked before December 22, 2006. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products(s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. If the request for voluntary cancellation and/or use termination is granted as discussed above, the Agency intends to issue a cancellation order that will allow persons other than the registrant to continue to sell and/or use existing stocks of cancelled products until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. The order will specifically prohibit any use of existing stocks that is not consistent with such previously approved labeling. If, as the Agency currently intends, the final cancellation order contains the existing stocks provision just described, the order will be sent only to the affected registrants of the cancelled products. If the Agency determines that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will publish the cancellation order in the **Federal Register.** List of Subjects Environmental protection, Pesticides and pests. Dated: November 8, 2006. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-19748 Filed 11-21-06; 8:45 am] BILLING CODE 6560-507-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0038; FRL-8103-9] Triadimenol; Notice of Receipt of a Request to Voluntarily Cancel and Amend to Terminate Uses of Triadimenol Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily cancel and amend their registrations to terminate use of certain products containing the pesticide triadimenol. The request would terminate triadimenol use in or on sorghum (forage, hay and grain stover). The request would not terminate the last triadimenol product(s) registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before December 22, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0038, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0038. 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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 703-308-8195; fax number: 703-308-7070; e-mail address: *pates.john@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background on the Receipt of Request to Amend Registrations to Delete Uses This notice announces receipt by EPA of a request from the technical registrant Bayer CropScience to terminate certain uses for triadimenol. Triadimenol is a systemic fungicide used as a seed treatment for barley, corn, cotton, oats, rye, sorghum, and wheat. Additionally, an import tolerance on bananas exists. In a letter dated October 30, 2006, Bayer CropScience requested EPA to terminate certain uses for the products containing the pesticide triadimenol identified in this notice (Table 1). Specifically, the registrant has agreed to voluntarily cancel all use of triadimenol on sorghum. The registrant's request for this use deletion will not terminate the last triadimenol products registered in the United States, or the last pesticide products registered in the United States for this use. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from a registrant to amend and to terminate certain uses of triadimenol product registrations. The affected products and the registrant making the request are identified in Tables 1 and 2 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The triadimenol registrant has agreed to waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed request. Unless the request is withdrawn by the registrant within 30 days of publication of this notice, or the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued amending the affected registrations **Table 1.—Triadimenol Product Registrations with Pending Requests for Amendment** Registration No. Product name Company 264-742 Baytan Seed Treatment Fungicide Bayer CropScience 264-743 Baytan Technical Fungicide Bayer CropScience Table 2 of this unit includes the name and address of record for the registrant of the products listed in Table 1 of this unit. **Table 2.—Registrant Requesting Voluntary Cancellation of Use and Amendment to Their Registrations** EPA Company No. Company name and address 264 Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Triadimenol Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked before December 22, 2006. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products(s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. If the request for voluntary cancellation and use termination is granted as discussed above, the Agency intends to issue a cancellation order that will allow persons other than the registrant to continue to sell and/or use existing stocks of cancelled products until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. The order will specifically prohibit any use of existing stocks that is not consistent with such previously approved labeling. If, as the Agency currently intends, the final cancellation order contains the existing stocks provision just described, the order will be sent only to the affected registrants of the cancelled products. If the Agency determines that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will publish the cancellation order in the **Federal Register** . List of Subjects Environmental Protection, Pesticides and pests. Dated: November 14, 2006. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E6-19643 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0889; FRL-8102-2] Notice of Filing of Pesticide Petition for Establishment of Regulations of Pyriproxyfen in or on Various Commodities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of pesticide petition proposing the establishment of regulations for residues of pyriproxyfen in or on various commodities. DATES: Comments must be received on or before December 22, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0889 and pesticide petition number

(PP)6E7003, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0889. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(703)308-3194; e-mail address: *brothers.shaja@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(ID)number EPA-HQ-OPP-2006-0744 and pesticide petition number

(PP)6E7099, by one of the following methods: *• Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0744. 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

(703)308-3194; e-mail address: *brothers.shaja@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket 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

(GC)with nitrogen phosphorus detection (NPD). The method is applicable to high and medium moisture, oily and non-oily crops and related matrices. The limit of quantitation

(LOQ)is 0.02 ppm. The analytical enforcement for use on tomato processed fractions and also the RAC, tomato, utilizes column switching liquid chromatography with ultraviolet

(UV)detection. The LOQ is 0.02 ppm. The LOQ in each method allows monitoring of crops with famoxadone residues at or above the levels proposed in these tolerances. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: November 9, 2006. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6-19577 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2006-0880; FRL-8102-1] Notice of Filing for Foramsulfuron Pesticide Petition for the Exemption of a Requirement for a Tolerance in or on Corn, Pop and Corn, Sweet. AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of pesticide petition proposing the exemption from the requirement of a tolerance for corn, pop and corn, sweet. DATES: Comments must be received on or before December 22, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2006-0880 and pesticide petition number

(PP)5E7004, by one of the following methods: • *Federal eRulemaking Portal* : * http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0880. 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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers; Registration Division, (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, telephone number:

(703)308-3194; e-mail address: *brothers.shaja@epa.gov* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(ID)number EPA-HQ-OPP-2006-0628 and pesticide petition number ( *PP* ) 6F7072, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

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

(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2006-0628. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

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

(703)305-5805. FOR FURTHER INFORMATION CONTACT: Mary Waller, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-9354; e-mail address: *waller.mary@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(LOQ)is 0.01 ppm for cyproconazole parent. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: November 9, 2006. Donald L. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. E6-19578 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [Docket# EPA-RO4-SFUND-2006-0908; FRL-8245-9] General Electric Rome Site, Rome, Floyd County, GA; Notice of Proposed Settlement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement. SUMMARY: Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency is proposing to enter into a settlement for reimbursement of past response costs concerning the General Electric Rome Site located in Rome, Floyd County, Georgia. DATES: The Agency will consider public comments on the settlement until December 22, 2006. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlement are available from Ms. Paula V. Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-SFUND-2006-0908 or Site name General Electric Rome Superfund Site by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: Batchelor.Paula@epa.gov* . • *Fax:* 404/562-8842/Attn Paula V. Batchelor. • *Mail:* Ms. Paula V. Batchelor, U.S. EPA Region 4, WMD-SEIMB, 61 Forsyth Street, SW., Atlanta, Georgia 30303. “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, DC 20503.” *Instructions:* Direct your comments to Docket ID No. EPA-RO4-SFUND-2006-0908. 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 www.regulations.gov or e-mail. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the U.S. EPA Region 4 office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303. Regional office is open from 7 a.m. until 6:30 p.m. Monday through Friday, excluding legal holidays. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication. FOR FURTHER INFORMATION CONTACT: Paula V. Batchelor at 404/562-8887. Dated: October 30, 2006. Rosalind H. Brown, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. E6-19758 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [OW-2006-0064, FRL-8246-5] U.S. EPA's National Clean Water Act Recognition Awards Presentation During the Water Environment Federation's Technical Exposition and Conference (WEFTEC), and Announcement of 2006 National Awards Winners AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency recognized municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. An inscribed plaque was presented to first and second place national winners at the annual Clean Water Act Recognition Awards presentation during the Water Environment Federation's Technical Exposition and Conference (WEFTEC). Recognition is made every year for outstanding programs and projects in operations and maintenance at wastewater treatment facilities, biosolids management and public acceptance, municipal implementation and enforcement of local pretreatment programs, cost-effective storm water controls, and combined sewer overflow controls. This action also announces the 2006 national awards winners. DATES: Monday, October 23, 2006, 11:30 a.m. to 1 p.m. ADDRESSES: The national awards presentation ceremony was held at the Dallas Convention Center, 650 S. Griffin Street, Dallas, Texas. FOR FURTHER INFORMATION CONTACT: Maria E. Campbell, Telephone:

(202)564-0628. Facsimile Number:

(202)501-2396. E-Mail: *campbell.maria@epa.gov.* Also visit the Office of Wastewater Management's webpage at *http://www.epa.gov/owm.* SUPPLEMENTARY INFORMATION: The Clean Water Act Recognition Awards are authorized by section 501(a) and

(e)of the Clean Water Act, and 33 U.S.C. 1361(a) and (e). Applications and nominations for the national awards are recommended by EPA regions. A regulation establishes a framework for the annual recognition awards program at 40 CFR part 105. EPA announced the availability of application and nomination information for this year's awards (71 FR 23919, April 25, 2006). The awards program enhances national awareness of municipal wastewater treatment and encourages public support of programs targeted to protecting the public's health and safety and the nation's water quality. State water pollution control agencies and EPA regional offices make recommendations to headquarters for the national awards. Programs and projects being recognized are in compliance with applicable water quality requirements and have a satisfactory record with respect to environmental quality. Municipalities and industries are recognized for their demonstrated creativity and technological achievements in five awards categories as follows:

(1)Outstanding Operations and Maintenance practices at wastewater treatment facilities;

(2)Exemplary Biosolids Management projects, technology/innovation or development activities, research and public acceptance efforts;

(3)Pretreatment Program Excellence;

(4)Storm Water Management Excellence; and,

(5)Outstanding Combined Sewer Overflow Control programs. The winners of the EPA's 2006 National Clean Water Act Recognition Awards are listed below by category. Sub-category Category: Operations and Maintenance Awards First Place: Clean Water Services, Rock Creek Advanced Wastewater Treatment Facility, Hillsboro, OR Large Advanced Plant. Watertown Wastewater Treatment Facility, Watertown, SD Medium Advanced Plant. Town of Castleton Wastewater Treatment Facility, Castleton, VT Small Advanced Plant. Franklin Wastewater Treatment Facility, Winnipesaukee River Basin Program, Franklin, NH Large Secondary Plant. Huron Wastewater Treatment Facility, Huron, SD Medium Secondary Plant. Town of Wanatah Wastewater Treatment Facility, Wanatah, IN Small Secondary Plant. Sturgis Wastewater Treatment Facility, Sturgis, SD Large Non-Discharging Plant. Warner Village Water District, Warner, NH Most Improved Plant. New Hampshire Department of Environmental Services, Wastewater Engineering Bureau/Operations Section, Concord, New Hampshire Trainer for the Most Improved Plant. Second Place: Littleton/Englewood Wastewater Treatment Facility, Englewood, CO Large Advanced Plant. The Pequannock Lincoln Park & Fairfield Sewerage Authority Wastewater Treatment Plant, Lincoln Park, NJ Medium Advanced Plant. Hurlburt Field Wastewater Treatment Facility, Hurlburt Field Air Force Base, Okaloosa County, FL Small Advanced Plant. Northern Water Pollution Control Facility—Ocean County Utilities Authority, Brick Township, NJ Large Secondary Plant. Portage Lake Water and Sewage Authority, Houghton-Hancock Wastewater Treatment Plant, Houghton, MI Medium Secondary Plant. City of Natoma Wastewater Treatment Facility, Natoma, KS Most Improved Plant. Gerald Grant, P.E., Fort Scott Community College, Fort Scott, KS Trainer for the Most Improved Plant. Category: Exemplary Biosolids Management Awards First Place: Encina Wastewater Authority, Biosolids Management Program, Carlsbad, CA Large Operating Projects. City of Olathe Compost Facility, Olathe, KS Small Operating Projects. Florida Water Environment Association and the Florida Dept. of Environmental Protection Agency/Central District, Orlando, FL Public Acceptance Activities. Second Place: Rancho Las Virgenes Composting Facility, Community Compost Program, Calabasas, CA Public Acceptance Activities. Category: Pretreatment Program Awards First Place: City of Corvallis Pretreatment Program, Corvallis, OR 0-5 Significant Industrial Users (SIUs). Riverside Regional Water Quality Control Plant, Environmental Compliance Section, City of Riverside, CA 6-20 SIUs. City of Fresno Industrial Pretreatment Program, Fresno, CA Greater Than 21 SIUs. Second Place: City of San Leandro, San Leandro, CA 6-20 SIUs. Category: Storm Water Management Awards First Place: Santa Clara Valley Urban Runoff Pollution Prevention Program, San Jose, CA Municipal Program. Category: Combined Sewer Overflow Control Awards First Place: Auburn Sewerage District, Auburn, ME Municipal Program. Second Place: City of Little Falls Wastewater Treatment Plant, Little Falls NY Municipal Program. Dated: November 16, 2006. James A. Hanlon, Director, Office of Wastewater Management. [FR Doc. E6-19750 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8245-3] Public Water System Supervision Program Revision for the State of Texas AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of tentative approval. SUMMARY: Notice is hereby given that the State of Texas is revising its approved Public Water System Supervision Program. Texas has adopted the Lead and Copper Rule Minor Revisions (LCRMR), the Filter Backwash Recycling Rule (FBRR), and the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). EPA has determined that the proposed LCRMR, FBRR and LT1ESWTR revisions submitted by Texas are no less stringent than the corresponding federal regulation. Therefore, EPA intends to approve the program revisions. DATES: All interested parties may request a public hearing. A request for a public hearing must be submitted by December 22, 2006 to the Regional Administrator at the EPA Region 6 address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by December 22, 2006, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on December 22, 2006. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. ADDRESSES: All documents relating to this determination are available for inspection between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, at the following offices: Texas Commission on Environmental Quality, Water Supply Division, Public Drinking Water Section (MC-155), Building F, 12100 Park 35 Circle, Austin, TX 78753; and United States Environmental Protection Agency, Region 6, Drinking Water Section (6WQ-SD), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. FOR FURTHER INFORMATION CONTACT: Damon McElroy, EPA Region 6, Drinking Water Section at the Dallas address given above or at telephone

(214)665-7159, or *mcelroy.damon@epa.gov.* Authority: Section 1413 of the Safe Drinking Water Act, as amended (1996), and 40 CFR part 142 of the National Primary Drinking Water Regulations. Dated: November 9, 2006. Lawrence E. Starfield, Acting Regional Administrator (6RA-D). [FR Doc. E6-19784 Filed 11-21-06; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget November 13, 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 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

(PRA)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

(PRA)comments should be submitted on or before November 22, 2006. If you anticipate that you will be submitting PRA 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: Direct all Paperwork Reduction Act

(PRA)comments to Judith B. Herman, Federal Communications Commission, Room 1-B441, 445 12th Street, SW., DC 20554 or via the Internet to *PRA@fcc.gov* . If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), send an e-mail to *PRA@fcc.gov* or contact Judith B. Herman at 202-418-0214. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-XXXX. *Title:* Prepaid Calling Card Service Provider Certification, WC Docket No. 05-68. *Form No.:* N/A. *Type of Review:* New collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 787 respondents; 3,148 responses. *Estimated Time Per Response:* 25 hours (20 hours for the reporting to carriers and five hours for the certification to the Commission). *Frequency of Response:* Quarterly reporting requirement, recordkeeping requirement and third party disclosure requirement. *Nature of Response:* Mandatory. *Total Annual Burden:* 3,148 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as a new collection to the Office of Management and Budget

(OMB)in order to obtain the full three year clearance. The Commission is requesting review and approval of a new information collection requiring prepaid calling card providers to report quarterly the percentage of interstate, intrastate and international traffic and call volumes to carriers from which they purchase transport services. Prepaid calling card providers must also file quarterly certifications with the Commission that include the above information and a statement that they are contributing to the federal Universal Service Fund

(USF)based on all interstate and international revenue, except for revenue from the sale of prepaid calling cards by, to, or pursuant to contract with the Department of Defense

(DoD)or a DoD entity. The Commission has found that prepaid calling card providers are telecommunications service providers and therefore are subject to all of the regulations imposed on telecommunications service providers, including contributing to the USF. See FCC 06-79, WC Docket No. 05-68. The Commission adopted new reporting and certification requirements to obtain information necessary to evaluate whether all prepaid calling card providers are properly contributing to the USF, pursuant to section 254 of the Telecommunications Act of 1996. All prepaid calling card providers will now have to maintain records and report on a quarterly basis, the percentage of interstate, intrastate and international traffic and call volumes to carriers from which they purchase transport services. The Commission believes that its reporting and certification requirements will not be burdensome for prepaid calling card providers, as they need to track such information for their own internal business purposes. *OMB Control No.:* 3060-0743. *Title:* Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 4,471 respondents; 10,071 responses. *Estimated Time Per Response:* .50-100 hours. *Frequency of Response:* On occasion, quarterly and monthly reporting requirements, recordkeeping requirement and third party disclosure requirement. *Nature of Response:* Mandatory. *Total Annual Burden:* 161,337 hours. *Total Annual Cost:* N/A. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as an extension of a currently approved collection to the Office of Management and Budget

(OMB)in order to obtain the full three year clearance. The Commission promulgated rules and reporting requirements implementing section 276 of the Telecommunications Act of 1996. Among other things, the rules:

(1)Establish fair compensation for every completed intrastate and interstate payphone calls;

(2)discontinue intrastate and interstate access charge payphone service elements and payments, and intrastate and interstate payphone subsidies from basic exchange services; and

(3)adopt guidelines for use by the states in establishing public interest payphones to be located where there would otherwise not be a payphone. The information collected is provided to third parties and to ensure that interexchange carriers, payphone service providers (“PSP”) LECs, and the states comply with their obligations under the 1996 Act. *OMB Control No.:* 3060-0745. *Title:* Implementation of the Local Exchange Carrier Tariff Streamlining Provisions in the Telecommunications Act of 1996, CC Docket No. 96-187. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 67 respondents; 159 responses. *Estimated Time Per Response:* 1-55.9 hours. *Frequency of Response:* On occasion reporting requirement, recordkeeping requirement and third party disclosure requirement. *Nature of Response:* Mandatory. *Total Annual Burden:* 4,028 hours. *Total Annual Cost:* $775,000. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting, recordkeeping or third party disclosure requirements) to the Office of Management and Budget

(OMB)in order to obtain the full three year clearance. In CC Docket No. 96-187, the Commission adopted measures to streamline tariff filing requirements for local exchange carriers

(LECs)of the Telecommunications Act of 1996. In order to achieve a streamlined and deregulatory environment for LEC tariff filings, LECs are required to file tariffs electronically. Other carriers are permitted to file their tariffs electronically. There are six information collection requirements under this OMB Control Number. They are:

(1)Electronic filing requirement;

(2)requirement that carriers desiring tariffs proposing decreases to be effective in seven days must be filed in separate transmittals;

(3)requirement that carriers identify transmittals filed pursuant to the streamlined provisions of the Telecommunications Act of 1996;

(4)requirement that price cap LECs file their Tariff Review Plans

(TRPs)prior to filing their annual access tariffs;

(5)petitions and replies; and

(6)standard protective orders. The information collected under the program of electronic filing will facilitate access to tariff and associated documents by the public, especially by interested persons who do not have ready access to the Commission's public reference room, and state and federal regulators. Ready electronic access to carrier tariffs should also facilitate the compilation of aggregate data for industry analysis purposes without imposing new reporting requirements on carriers. The Commission adopted its proposal to require that carriers desiring tariffs proposing rate decreases to be effective in seven days must be filed in a separate transmittal. This requirement will ensure that a tariff filing proposing a rate decrease is given the shortest notice period possible under the 1996 Act. The Commission also adopted the requirement that carriers identify transmittals filed pursuant to the streamlining provisions of the Telecommunications Act of 1996. All of the requirements would be used to ensure that LECs comply with their obligations under the Communications Act of 1934, as amended and that the Commission be able to ensure compliance within the streamlined timeframes established by the 1996 Act. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-19465 Filed 11-21-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority November 7, 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 of 1995, Public Law 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

(PRA)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: Persons wishing to comment on this information collection should submit comments January 22, 2007. 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: Direct all PRA comments to Allison E. Zaleski, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503,

(202)395-6466, or via fax at 202-395-5167, or via the Internet at *Allison_E._Zaleski@eop.omb.gov* and to *Judith-B.Herman@fcc.gov* , Federal Communications Commission (FCC), Room 1-B441, 445 12th Street, SW., Washington, DC 20554. To submit your comments by e-mail send them to: *PRA@fcc.gov* . If you would like to obtain or view a copy of this information collection after the 60 day comment period, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Judith B. Herman at 202-418-0214. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-0757. *Title:* FCC Auctions Customer Survey. *Form No.:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Individuals or households and business or other for-profit. *Number of Respondents:* 2,000. *Estimated Time Per Response:* .25 hours. *Frequency of Response:* On occasion reporting requirement. *Total Annual Burden:* 500 hours. *Annual Cost Burden:* N/A. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting requirements) after this 60 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. There is no change in respondents or burden hours/costs. Section 309(j) gives the Commission express authority to employ competitive bidding procedures to choose among mutually exclusive applications for initial licenses. Section 309(j)(3) of the Communications Act requires the Commission to establish a competitive bidding methodology for each class of licenses or permits that the Commission grants through the use of a competitive bidding system. The Commission is further directed to test alternative methodologies under appropriate circumstances in order to promote, among other things, “the development and rapid deployment of new technologies, products and services for the benefit of the public, including those residing in rural areas, without administrative or judicial delays.” The Commission is likewise directed to promote “economic opportunity and competition, ensuring that new and innovative technologies are readily accessible to the American people by avoiding excess concentration of licenses and by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies and businesses owned by members of minority groups and women.” In addition, Section 309(j)(12) requires the Commission to evaluate the methodologies established by the Commission for conducting competitive bidding, comparing the advantages and disadvantages of such methodologies in terms of attaining these objectives. The FCC Auctions Customer Survey is an important step in meeting these Congressional requirements. By seeking input from auction participants, the Commission expects to gather information to evaluate the effectiveness of competitive bidding methodologies used to date, and to improve the competitive bidding methodologies used in future auctions. Finally, the Commission Auctions Customer Survey will provide useful feedback in determining the extent to which the Commission is meeting its goal of providing participants in competitive bidding with the highest level of customer satisfaction through information dissemination and the responsiveness of the Commission staff to customer inquiries. The information in the FCC Auctions Customer Survey is voluntary. The customer survey will be conducted by mail and will include all participants in completed auctions. Respondents may return the survey information by mail, fax, telephone, etc. The survey will be conducted by contracted staff and will occur at the end of an auction. Contracted staff will also record responses received on the survey. In the alternative, customer surveys may be conducted by posting the survey either on the Commission's electronic computer auction system or on the Internet. Responses will be received electronically, either via the Commission's electronic computer auction system or via the Internet. Those bidders who do not participate in the Commission's auction by computer will be polled by mail. The decision of which alternative to employ in each information collection will be based on an analysis of maximizing convenience and minimizing burden for participants. Information technology will be used to the maximum extent consistent with this standard. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-19467 Filed 11-21-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested November 9, 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

(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

(PRA)comments should be submitted on or before January 22, 2007. 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:* 3060-0029. *Title:* Application for TV Broadcast Station License; Application for Construction Permit for Reserved Channel Noncommercial Educational

(NCE)Broadcast Station; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station. *Form Number:* FCC Forms 302-TV, 340 and 349. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit entities and institutions; State, local or tribal government. *Number of Respondents:* 2,785. *Estimated Time per Response:* 0.50-4 hours. *Frequency of Response:* On occasion reporting requirement; Recordkeeping requirement; Third party disclosure requirement. *Total Annual Burden:* 8,370 hours. *Total Annual Cost:* $19,253,725. *Nature of Response:* Required to obtain or retain benefits. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* On November 3, 2006, the Commission adopted the *Report and Order* (“ *R&O* ”), Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, MB Docket 05-210, FCC 06-163. In this *R&O* , the Commission extended to noncommercial educational FM licensees and permittees the same ability to request changes of community of license by first come-first served minor modification application as was being granted to other commercial full-service AM standard band and FM licensees and permittees. Previously, because a change in an NCE station's community of license was considered a major modification in the station's facilities, an NCE applicant had to await the opening of an announced Noncommercial Educational

(NCE)new and major change application filing window. Filing on a first-come first-served basis will significantly reduce the risk of application mutual exclusivity. The application of this new procedure to NCE stations was not proposed in the Notice of Proposed Rule Making in this proceeding, but the Commission found it to be a logical outgrowth of a proposal in that proceeding based on comments received, and accordingly adopted the change in the *R&O* . Thus, the Commission proposes to revise FCC Form 340 to accommodate NCE applicants who seek to change their NCE station's community of license by minor modification application. Specifically, the Commission revises the FCC Form 340 to reflect the requirement that NCE applicants employing this procedure must include an exhibit demonstrating that the proposed community of license change comports with the fair, efficient and equitable distribution of radio service policies under Section 307(b) of the Communications Act of 1934, as amended. NCE applicants proposing a change in community of license must provide Section 307(b) information demonstrating the merits of locating the station in the new community, as opposed to the current community of license. This form, FCC Form 340, is the only form being revised by the FCC's action in this information collection. FCC Forms 302-TV and 349 remain unchanged. FCC Form 302-TV is used by licensees and permittees of TV broadcast stations to obtain a new or modified station license and/or to notify the Commission of certain changes in the licensed facilities of these stations. FCC 340 is used to apply for authority to construct a new noncommercial educational FM or TV station or to make changes in the existing facilities of such a station. The FCC 340 is to be used if the broadcast station will operate on a channel that is reserved exclusively for noncommercial educational use and on non-reserved channels if the applicant proposes to build and operate a NCE station. FCC Form 349 is used to apply for authority to construct a new FM translator or FM booster broadcast station, or to make changes in the existing facilities of such stations. This form also includes the third party disclosure requirement of 47 CFR 73.3580 (3060-0031). Section 73.3580 requires local public notice in a newspaper of general circulation of all application filings for new or major change in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application. There is no need for confidentiality with this collection of information. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-19468 Filed 11-21-06; 8:45 am] BILLING CODE 6712-10-P FEDERAL COMMUNICATIONS COMMISSION [AU Docket No. 06-104; Report No. AUC-06-69-B (Auction No. 69); DA 06-2014] Auction of 1.4 GHz Band Licenses Scheduled for February 7, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 69 AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document announces the procedures and minimum opening bids for the upcoming auction of licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands, and in the unpaired 1390-1392 MHz band. This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for this auction. DATES: Bidding for Auction No. 69 is scheduled to begin on February 7, 2007. FOR FURTHER INFORMATION CONTACT: *Wireless Telecommunications Bureau, Auctions Spectrum and Access Division:* For legal questions: Howard Davenport at

(202)418-0660. For general auction questions: Roy Knowles or Barbara Sibert at

(717)338-2868. *Mobility Division:* For questions: Erin McGrath or Michael Connelly (legal) or Keith Harper (technical) and Bettye Woodward (licensing) at

(202)418- 0620. To request materials in accessible formats (Braille, large print, electronic files, audio format) for people with disabilities, send e-mail to *fcc504@fcc.gov* or call the Consumer and Governmental Affairs Bureau at

(202)418-0530 or

(202)418-0432 (TTY). SUPPLEMENTARY INFORMATION: This is a summary of the *Auction No. 69 Procedures Public Notice* released on November 2, 2006. The complete text of the *Auction No. 69 Procedures Public Notice* , including attachments, as well as related Commission documents, are available for public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time

(ET)Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The *Auction No. 69 Procedures Public Notice* and related Commission documents may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 202-488-5300, facsimile 202-488-5563, or Web site: *http://www.BCPIWEB.com* . When ordering documents from BCPI please provide the appropriate FCC document number, for example, DA 06-2014 for the *Auction No. 69 Procedures Public Notice* . The *Auction No. 69 Procedures Public Notice* and related documents are also available on the Internet at the Commission's Web site: *http://wireless.fcc.gov/auctions/69/* . I. General Information A. Introduction 1. The Federal Communications Commission (Commission) announces the procedures and minimum opening bid amounts for the upcoming auction of 1.4 GHz band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands, and in the unpaired 1390-1392 MHz band scheduled to begin on February 7, 2007 (Auction No. 69). On August 28, 2006, the Wireless Telecommunications Bureau (Bureau) released a public notice seeking comment on reserve prices or minimum opening bid amounts and the procedures to be used in Auction No. 69 for this spectrum reallocated for non-government use to provide fixed and mobile services, except for aeronautical mobile services. The Bureau received two comments and no reply comments in response to the *Auction No. 69 Comment Public Notice* 71 FR 51817, August 31, 2006. 2. In the *Auction No. 69 Comment Public Notice* , the Bureau proposed to include all 64 1.4 GHz band licenses in a single auction using the Commission's standard simultaneous multiple-round

(SMR)auction format. The Bureau sought comment on the feasibility and desirability of allocating the 1.4 GHz band licenses using the Commission's package bidding format. Based on the record and the particular circumstances of the auction of 1.4 GHz band licenses, the Bureau will include all 64 1.4 GHz licenses in a single auction using the Commission's standard SMR format, as proposed. Package bidding will not be used in Auction No. 69. 3. The Bureau also sought comment in the *Auction No. 69 Comment Public Notice* on whether to implement procedures that would withhold certain information on bidder interests, and bidder identities that typically has been revealed prior to and during past Commission auctions. In particular, the Bureau asked commenters to indicate what factors weigh for or against limiting disclosure of bidder interests and identities, and whether the Commission should condition the use of any disclosure limits on a measure of competition in the auction. 4. For Auction No. 69, the Bureau will determine the information procedures based primarily on the eligibility ratio, a measure of likely competition in the auction. The eligibility ratio is defined as the total number of bidding units of eligibility purchased by bidders through their upfront payments, divided by the total number of bidding units for the licenses in the auction. Specifically, if the eligibility ratio equals or exceeds three, the Bureau will use the information procedures typically used in past FCC auctions, since with sufficient likely competition, the anti-competitive behavior that limited information procedures aim to deter is unlikely to be successful. If the eligibility ratio is less than three, in general the Bureau will withhold certain information on bidder interests and bidder identities. However, if the eligibility ratio is less than three, the Commission reserves the discretion to use information procedures typically used in past FCC auctions if circumstances indicate that limited information procedures would not be an effective tool for deterring anti-competitive behavior. 5. In the event that the conditions described above result in the use of procedures under which certain information is withheld, the Bureau will release:

(1)Each bidder's eligibility and upfront payment made prior to the start of the auction; and

(2)the amounts of all gross bids for each license (including the losing bids) after each round, but not the identities of the bidders placing the bids. The Bureau believes this provides bidders with information regarding license valuations without compromising the goal of reducing the potential for anti-competitive outcomes. 6. Pursuant to these procedures, information on the license selections of auction applicants will be withheld, at least until the upfront payment deadline has passed and the Commission determines the information procedures that will be used for the auction. Therefore, to enable applicants to comply with the Commission's anti-collusion rules, once the Bureau has conducted its initial review of applications to participate in Auction No. 69, each applicant with a short-form application to participate in the pending auction will receive a letter that lists the applicants in Auction No. 69 that have applied for licenses in any of the same geographic areas as the applicant. The list will identify the applicants by name but will not provide the license selections of the applicants. 7. *Spectrum Relocation Fund* . The upper half of paired frequencies for 1.4 GHz band licenses, i.e., 1432-1435 MHz, is spectrum covered by a Congressional mandate that requires that auction proceeds fund the estimated relocation costs of incumbent federal entities and restricts the conclusion of an auction of affected spectrum, based on 110 percent of the estimated relocation costs. On December 27, 2005, pursuant to the Commercial Spectrum Enhancement Act (CSEA), 71 FR 26245, May 4, 2006, the National Telecommunications and Information Administration

(NTIA)notified the Commission that there are no costs associated with relocating federal operations from the 1432-1435 MHz band. Thus, the CSEA revenue requirement will not affect the Commission's ability to conclude Auction No. 69. i. Background of Proceeding 8. In its *Report and Order* , 67 FR 41847, June 20, 2002, the Commission adopted service rules to govern the licensing of the paired 1392-1395 MHz and 1432-1435 MHz bands, and the unpaired 1390-1392 MHz band. The Commission provided for the assignment of the 1390-1392 MHz band by Major Economic Areas, and the 1392-1395 MHz and 1432-1435 MHz bands by Economic Area Groups (EAGs). Further, the Commission allowed open eligibility for initial licenses assigned by geographic area licensing, and adopted technical standards that were consistent with the part 27 rules and provide licensees flexibility. The Commission set a ten-year license term from the date of grant. Licensees must demonstrate that they are providing substantial service when they file their renewal application. The Commission allowed licensees to partition and/or disaggregate their licenses and applied the general competitive bidding rules set forth in 47 CFR part 1, Subpart Q. ii. Licenses to be Auctioned 9. Auction No. 69 will offer 64 licenses: 12 Economic Area Grouping

(EAG)licenses and 52 Major Economic Area

(MEA)licenses. A complete list of the 1.4 GHz band licenses available in Auction No. 69 is included in Attachment A of the *Auction No. 69 Procedures Public Notice* . B. Rules and Disclaimers i. Relevant Authority 10. Prospective applicants must familiarize themselves thoroughly with the Commission's general competitive bidding rules set forth in 47 CFR part 1, including recent amendments and clarifications; rules relating to the 1.4 GHz band contained in Title 47 CFR part 27; and rules relating to applications, practice and procedure contained in Title 47 CFR part 1. Prospective applicants must also be thoroughly familiar with the procedures, terms and conditions contained in the *Auction No. 69 Procedures Public Notice* and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. 11. The procedures, terms and conditions contained in the Commission's rules, relevant orders, and public notices are not negotiable. The Commission may amend or supplement the information contained in its public notices at any time, and will issue public notices to convey any new or supplemental information to applicants. It is the responsibility of all applicants to remain current with all Commission rules and with all public notices pertaining to this auction. ii. Prohibition of Collusion; Compliance with Antitrust Laws 12. To ensure the competitiveness of the auction process, 47 CFR 1.2105(c) prohibits applicants competing for licenses in any of the same geographic license areas from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications (FCC Forms 175) as parties with whom they have entered into agreements pursuant to § 1.2105(a)(2)(viii). In Auction No. 69, the rule would apply to any applicants bidding for the same EAG or MEA. The rule would also apply to applicants bidding for licenses in overlapping EAGs and MEAs, such as a situation when one applicant applies for an EAG and a second applicant applies for a MEA covering any area within that EAG. The rule would preclude applicants that apply to bid for all markets from communicating with all other applicants. Thus, applicants that have applied for the same markets (unless they have identified each other on their FCC Form 175 applications as parties with whom they have entered into agreements under § 1.2105(a)(2)(viii)) must affirmatively avoid all communications with or disclosures to each other that affect or have the potential to affect bids or bidding strategy, which may include communications regarding the post-auction market structure. This prohibition begins at the short-form application filing deadline and ends at the down payment deadline after the auction. This prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. 13. For purposes of this prohibition, § 1.2105(c)(7)(i) defines applicant as including all officers and directors of the entity submitting a short-form application to participate in the auction, all controlling interests of that entity, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a short-form application. 14. Applicants for licenses for any of the same geographic license areas must not communicate directly or indirectly about bids or bidding strategy. Accordingly, such applicants are encouraged not to use the same individual as an authorized bidder. A violation of the anti-collusion rule could occur if an individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between such applicants. Also, if the authorized bidders are different individuals employed by the same organization a violation similarly could occur. In such a case, at a minimum, applicants should certify on their applications that precautionary steps have been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. A violation of the anti-collusion rule could occur in other contexts, such as an individual serving as an officer for two or more applicants. Moreover, the Commission has found a violation of the anti-collusion rule where a bidder used the Commission's bidding system to disclose its bidding strategy in a manner that explicitly invited other auction participants to cooperate and collaborate in specific markets, and has placed auction participants on notice that the use of its bidding system to disclose market information to competitors will not be tolerated and will subject bidders to sanctions. Bidders are cautioned that the Commission remains vigilant about prohibited communications taking place in other situations. The Commission has warned that prohibited communications concerning bids and bidding strategies may include communications regarding capital calls or requests for additional funds in support of bids or bidding strategies to the extent such communications convey information concerning the bids and bidding strategies directly or indirectly. Applicants are hereby placed on notice that public disclosure of information relating to bidder interests and bidder identities that typically has been revealed prior to and during past Commission auctions, but is confidential in this auction at the time of disclosure, may violate the anti-collusion rule. Thus, communication by an applicant to another applicant for one or more of the same licenses of the applicant's license selections on its short-form application, or of the fact that the applicant does nor does not hold provisionally winning bids on particular licenses, may well violate the anti-collusion rule. Bidders should use caution in their dealings with other individuals, such as members of the press, financial analysts, or others who might become a conduit for the communication of prohibited bidding information. For example, where limited information disclosure procedures are in place, as in this auction, an applicant's statement to the press that it has lost bidding eligibility and stopped bidding in the auction could give rise to a finding of an anti-collusion violation. 15. The Commission's rules do not prohibit applicants from entering into otherwise lawful bidding agreements before filing their short-form applications, as long as they disclose the existence of the agreement(s) in their short-form application. If parties agree in principle on all material terms prior to the short-form filing deadline, each party to the agreement must identify the other party or parties to the agreement on its short-form application under § 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form filing deadline. 16. By electronically submitting its short-form application, each applicant certifies its compliance with § 1.2105(c). However, the Bureau caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. Any applicant found to have violated the anti-collusion rule may be subject to sanctions. 17. Applicants are also reminded that, regardless of compliance with the Commission's rules, they remain subject to the antitrust laws. Compliance with the disclosure requirements of the Commission's anti-collusion rule will not insulate a party from enforcement of the antitrust laws. To the extent the Commission becomes aware of specific allegations that may give rise to violations of the federal antitrust laws the Commission may refer such allegations to the United States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. 18. As required by 47 CFR 1.65, an applicant must maintain the accuracy and completeness of information furnished in its pending application and must notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, § 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its pending short-form application. Applicants are therefore required by § 1.65 to report to the Commission any communications they have made to or received from another applicant after the short-form filing deadline that affect or have the potential to affect bids or bidding strategy unless such communications are made to or received from parties to agreements identified under § 1.2105(a)(2)(viii). In addition, § 1.2105(c)(6) provides that any applicant that makes or receives a communication prohibited by § 1.2105(c) must report such communication to the Commission in writing immediately, and in no case later than five business days after the communication occurs. 19. As required by 47 CFR 1.2107(d), applicants that are winning bidders will be required to disclose in their long-form applications the specific terms, conditions, and parties involved in any bidding consortia, joint ventures, partnerships, agreements and other arrangements entered into relating to the competitive bidding process. iii. Protection of Incumbent Government and Non-Government Operations 20. Potential applicants are advised that there are several government operations that will continue to operate in these bands. 21. *The 1390-1392 MHz Band* . Radio astronomy observations may be assigned in the 1350-1400 MHz band on an unprotected basis at the 16 radio astronomy observatories identified at 47 CFR 2.106 note US311. In the 1390-1400 MHz band, government operations authorized as of March 22, 1995, at the 17 sites identified at 47 CFR 2.106 note US351 will continue to operate on a fully protected basis until January 1, 2009. All other government operations, except for medical telemetry (1395-1400 MHz), will operate on a non-interference basis to authorized non-Government operations and shall not hinder implementation of any non-Government operations. 22. The *1392-1395 MHz and 1432-1435 MHz Bands* . Radio astronomy observations may be assigned in the 1350-1400 MHz band on an unprotected basis at the 16 radio astronomy observatories identified at 47 CFR 2.106 note US311. In the 1390-1400 MHz band, government operations authorized as of March 22, 1995, at the 17 sites identified at 47 CFR 2.106 note US351 will continue to operate on a fully protected basis until January 1, 2009. All other government operations, except for medical telemetry (1395-1400 MHz), will operate on a non-interference basis to authorized non-Government operations and shall not hinder implementation of any non-Government operations. In the 1432-1435 MHz band, government stations in the fixed and mobile services may operate indefinitely on a primary basis at the 23 sites identified at 47 CFR 2.106 note US361. All other Government stations in the fixed and mobile services shall operate on a primary basis until re-accommodated in accordance with the National Defense Authorization Act of 1999. *a. International Coordination* . 23. Operations in the paired 1392-1395 MHz and 1432-1435 MHz bands and in the unpaired 1390-1392 MHz band must not cause harmful interference across the borders with Mexico and Canada. Until such time as agreements between the United States, Mexico and Canada become effective, the same technical restrictions at the border that are adopted for operation between geographic service areas will apply, to the extent they are not in violation of current bilateral agreements and arrangements. When interim arrangements or agreements between the United States, Mexico and Canada are final and become effective, licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and in the unpaired 1390-1392 MHz band must comply with these agreements. In addition, if these agreements are modified in the future, licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and in the unpaired 1390-1392 MHz band must comply with these modifications. Current agreements and coordination arrangements between the United States and Canada or Mexico may be found on the Commission's Web site under *http://www.fcc.gov/ib/sand/agree/welcome.html* . *b. Quiet Zones* . 24. As specified at 47 CFR 1.924, 1.4 GHz Band licensees must protect the radio quiet zones set forth in the Commission's rules. Licensees are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone entity prior to operating within the areas described in the Commission's rules. iv. Due Diligence 25. The Bureau cautions potential applicants formulating their bidding strategies to investigate and consider the extent to which 1.4 GHz band frequencies are occupied. Applicants and their investors should also understand that Commission rules and requirements place limitations on the ability of 1.4 GHz band licensees to use this spectrum. Government and non-government incumbent operations in the 1.4 GHz band must be protected. These limitations may restrict the ability of 1.4 GHz band geographic area licensees to use certain portions of the electromagnetic spectrum or provide service to certain areas in their geographic license areas. Bidders should become familiar with the status of these operations, applicable Commission rules, orders and any pending proceedings related to the service, in order to make reasoned, appropriate decisions about their participation in Auction No. 69 and their bidding strategy. 26. 1.4 GHz band licensees must comply with the pertinent rule sections set forth in 47 CFR part 27. Potential bidders should be aware that as part of the 2007 World Radio Communications Conference, WRC-07, NTIA has proposed more stringent out-of-band emission limits than presently specified in 47 CFR 27.53(i) in the bands 1350-1400 MHz and 1427-1452 MHz. The potential for stricter emission limits could impact the operations in these bands. 27. Potential bidders are reminded that they are solely responsible for investigating and evaluating all technical and marketplace factors that may have a bearing on the value of the 1.4 GHz band licenses in this auction. The FCC makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC licensee in the 1.4 GHz band subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular service, technology, or product, nor does an FCC license constitute a guarantee of business success. Applicants should perform their individual due diligence before proceeding as they would with any new business venture. 28. Potential bidders are strongly encouraged to conduct their own research prior to the beginning of bidding in Auction No. 69 in order to determine the existence of any pending administrative or judicial proceedings that might affect their decision regarding participation in the auction. Participants in Auction No. 69 are strongly encouraged to continue such research throughout the auction. In addition, potential bidders should perform technical analyses sufficient to assure themselves that, should they prevail in competitive bidding for a specific license, they will be able to build and operate facilities that will fully comply with the Commission's technical and legal requirements. 29. Applicants should also be aware that certain pending and future proceedings, including applications (including those for modification), petitions for rulemaking, requests for special temporary authority, waiver requests, petitions to deny, petitions for reconsideration, informal oppositions, and applications for review, before the Commission may relate to particular applicants or incumbent licensees or the licenses available in Auction No. 69. In addition, pending and future judicial proceedings may relate to particular applicants or incumbent licensees, or the licenses available in Auction No. 69. Prospective bidders are responsible for assessing the likelihood of the various possible outcomes, and considering their potential impact on spectrum licenses available in this auction. 30. Applicants should perform due diligence to identify and consider all proceedings that may affect the spectrum licenses being auctioned and that could have an impact on the availability of spectrum for Auction No. 69. In addition, although the Commission may continue to act on various pending applications, informal objections, petitions, and other requests for Commission relief, some of these matters may not be resolved by the beginning of bidding in the auction. 31. Applicants are solely responsible for identifying associated risks and for investigating and evaluating the degrees to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 69. Potential applicants are strongly encouraged to physically inspect any prospective sites located in, or near, the service area for which they plan to bid, and also to familiarize themselves with environmental review obligations. 32. Applicants may obtain information about non-Federal Government incumbent licenses that may have an effect on availability of licenses in Auction No. 69 through the Bureau's licensing databases at *http://wireless.fcc.gov/uls.* 33. The Commission makes no representations or guarantees regarding the accuracy or completeness of information in its databases or any third party databases. To the extent the Commission's databases may not include all information deemed necessary or desirable by an applicant, applicants may obtain or verify such information from independent sources or assume the risk of any incompleteness or inaccuracy in said databases. Furthermore, the Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into its databases. v. Use of Integrated Spectrum Auction System 34. The Commission will make available a browser-based bidding system to allow bidders to participate in Auction No. 69 over the Internet using the Commission's Integrated Spectrum Auction System (ISAS or FCC Auction System). The Commission makes no warranty whatsoever with respect to the FCC Auction System. In no event shall the Commission, or any of its officers, employees or agents, be liable for any damages whatsoever (including, but not limited to, loss of business profits, business interruption, loss of business information, or any other loss) arising out of or relating to the existence, furnishing, functioning or use of the FCC Auction System that is accessible to qualified bidders in connection with this auction. Moreover, no obligation or liability will arise out of the Commission's technical, programming or other advice or service provided in connection with the FCC Auction System. vi. Bidder Alerts 35. As is the case with many business investment opportunities, some unscrupulous entrepreneurs may attempt to use Auction No. 69 to deceive and defraud unsuspecting investors. Information about deceptive telemarketing investment schemes is available from the Commission as well as the Federal Trade Commission

(FTC)and the Securities and Exchange Commission (SEC). Complaints about specific deceptive telemarketing investment schemes should be directed to the FTC, the SEC, or the National Fraud Information Center. vii. Environmental Review Requirements 36. Licensees must comply with the Commission's rules regarding implementation of the National Environmental Policy Act and other federal environmental statutes. The construction of a wireless antenna facility is a federal action and the licensee must comply with the Commission's environmental rules for each such facility. The Commission's environmental rules require, among other things, that the licensee consult with expert agencies having environmental responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corps of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). In assessing the effect of facilities construction on historic properties, the licensee must follow the provisions of the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, 47 CFR part 1, Appendix C. The licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features. The licensee also must prepare environmental assessments for facilities that include high intensity white lights in residential neighborhoods or excessive radio frequency emission. C. Auction Specifics i. Auction Date 37. Bidding in Auction No. 69 will begin on Wednesday, February 7, 2007. The initial schedule for bidding will be announced by public notice at least one week before the start of the auction. Unless otherwise announced, bidding on all licenses will be conducted on each business day until bidding has stopped on all licenses. ii. Auction Title 38. Auction No. 69—1.4 GHz band iii. Bidding Methodology 39. As discussed in more detail below, the bidding methodology for Auction No. 69 will be simultaneous multiple round bidding. The Commission will conduct this auction over the Internet using the FCC Auction System, and telephonic bidding will be available as well. Qualified bidders are permitted to bid electronically via the Internet or by telephone. All telephone calls are recorded. iv. Pre-Auction Dates and Deadlines 40. Dates and Deadlines. Auction Seminar November 29, 2006 Short-Form Application (FCC Form 175) Filing Window Opens—November 29, 2006; 12 noon ET. Short-Form Application (FCC Form 175) Filing Window Deadline—December 11, 2006; 6 p.m. ET. Upfront Payments (via wire transfer)—January 12, 2007; 6 p.m. ET. Mock Auction—February 5, 2007. Auction Begins—February 7, 2007. v. Requirements for Participation 41. Those wishing to participate in the auction must:

(1)Submit a short-form application (FCC Form 175) electronically prior to 6 p.m. Eastern Time (ET), December 11, 2006, following the electronic filing procedures set forth in Attachment C to the *Auction No. 69 Procedures Public Notice* ;

(2)submit a sufficient upfront payment and an FCC Remittance Advice Form (FCC Form 159) by 6 p.m. ET, January 12, 2007; and

(3)comply with all provisions outlined in the *Auction No. 69 Procedures Public Notice* and applicable Commission rules. II. Short-Form Application (FCC Form 175) Requirements 42. An application to participate in an FCC auction provides information used in determining whether the applicant is legally, technically, and financially qualified to participate in Commission auctions for licenses or permits. The short-form application is the first part of the Commission's two-phased auction application process. In the first phase of this process, parties desiring to participate in the auction file streamlined, short-form applications in which they certify under penalty of perjury as to their qualifications. Eligibility to participate in bidding is based on the applicants' short-form applications and certifications as well as their upfront payments. In the second phase of the process, winning bidders file a more comprehensive long-form application. 43. Entities seeking licenses available in Auction No. 69 must file a short-form application electronically via the FCC Auction System prior to 6 p.m. ET on December 11, 2006, following the procedures prescribed in Attachment C of the *Auction No. 69 Procedures Public Notice.* If an applicant claims eligibility for a bidding credit, the information provided in its FCC Form 175 will be used in determining whether the applicant is eligible for the claimed bidding credit. Applicants bear full responsibility for submitting accurate, complete and timely short-form applications. All applicants must certify on their short-form applications under penalty of perjury that they are legally, technically, financially and otherwise qualified to hold a license. Applicants should read the instructions set forth in Attachment C carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their short-form applications. 44. An entity may not submit more than one short-form application for a single auction. In the event that a party submits multiple short-form applications, only one application will be accepted for filing. 45. Applicants also should note that submission of a short-form application constitutes a representation by the certifying official that he or she is an authorized representative of the applicant, that he or she has read the form's instructions and certifications, and that the contents of the application, its certifications, and any attachments are true and correct. Applicants are not permitted to make major modifications to their applications; such impermissible changes include a change of the certifying official to the application. Submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. A. Preferences for Small Businesses and Others i. Size Standards for Bidding Credits 46. A bidding credit represents the amount by which a bidder's winning bid will be discounted. For Auction No. 69, bidding credits will be available to small businesses and very small businesses, and consortia thereof, as follows:

(1)A bidder with attributed average annual gross revenues that exceed $15 million and do not exceed $40 million for the preceding three years (small business) will receive a 15 percent discount on its winning bid; and

(2)a bidder with attributed average annual gross revenues that do not exceed $15 million for the preceding three years (very small business) will receive a 25 percent discount on its winning bid. Bidding credits are not cumulative; a qualifying applicant receives either the 15 percent or 25 percent bidding credit on its winning bid, but not both. 47. Every applicant that claims eligibility for a bidding credit as either a small business or a very small business, or a consortium of small businesses or very small businesses, will be required to provide information regarding revenues attributable to the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests on its FCC Form 175 short-form application to establish that it satisfies the applicable eligibility requirement. Applicants claiming eligibility as a designated entity in Auction No. 69 should review carefully the *CSEA/Part 1 Designated Entity FNPRM* , 71 FR 6992, February 10, 2006, and the *Designated Entity Second Report and Order* , 71 FR 26245, May 4, 2006. In that connection, the Commission adopted rules governing eligibility for designated entity benefits in the *Designated Entity Second Report and Order* . The Commission's new rules regarding applicants seeking eligibility for designated entity benefits requires the disclosure of a list of all parties with which the applicant has entered into arrangements for the lease or resale (including wholesale agreements) of any of the capacity of any of the applicant's spectrum; and a list, separately and in the aggregate, of the gross revenues of entities with which the applicant has an attributable material relationship, as defined in 47 CFR 1.2110(b)(3)(iv)(B). Certain otherwise attributable material relationships may not be attributable pursuant to the provisions of 47 CFR 1.2110(b)(3)(iv)(C)(2). ii. Tribal Lands Bidding Credit 48. To encourage the growth of wireless services in federally recognized tribal lands, the Commission has implemented a tribal lands bidding credit. iii. Installment Payments 49. Installment payment plans will not be available in Auction No. 69. B. License Selection 50. In Auction No. 69, applicants must select the licenses on which they want to bid from the eligible licenses list. In Auction No. 69, the FCC Form 175 will include a filtering mechanism that allows an applicant to filter the available licenses. The applicant will make selections for one or more of the filter criteria and the system will produce a list of licenses satisfying the specified criteria. The applicant may select all the licenses in the customized list or select individual licenses from the list. Applicants also will be able to select licenses from one customized list and then create additional customized lists to select additional licenses. There will be no opportunity to change license selection after the short-form filing deadline. It is critically important that an applicant confirm its license selections before submitting its short-form application because the FCC Auction System will not accept bids on licenses that an applicant has not selected on its FCC Form 175. C. Disclosure of Bidding Arrangements 51. Applicants will be required to identify in their short-form applications all parties with whom they have entered into any agreements, arrangements, or understandings of any kind relating to the licenses being auctioned, including any agreements relating to post-auction market structure. Applicants also will be required to certify under penalty of perjury in their short-form applications that they have not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified in the application, regarding the amount of their bids, bidding strategies, or the particular licenses on which they will or will not bid. If an applicant has had discussions, but has not reached a joint bidding agreement by the short-form application filing deadline, it would not include the names of parties to the discussions on its application and may not continue such discussions with any applicants after the deadline. 52. After the filing of short-form applications, the Commission's rules do not prohibit a party holding a non-controlling, attributable interest in one applicant from acquiring an ownership interest in or entering into a joint bidding arrangement with other applicants provided that

(i)the attributable interest holder certifies that it has not and will not communicate with any party concerning the bids or bidding strategies of more than one of the applicants in which it holds an attributable interest, or with which it has entered into a joint bidding arrangement; and

(ii)the arrangements do not result in a change in control of any of the applicants. While the anti-collusion rules do not prohibit non-auction-related business negotiations among auction applicants, applicants are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Further, compliance with the disclosure requirements of the Commission's anti-collusion rule will not insulate a party from enforcement of the antitrust laws. D. Ownership Disclosure Requirements 53. All applicants must comply with the uniform part 1 ownership disclosure standards and provide information required by 47 CFR 1.2105 and 1.2112. Specifically, in completing the short-form application, applicants will be required to fully disclose information on the real party or parties-in-interest and ownership structure of the applicant. The ownership disclosure standards for the short form are prescribed in §§ 1.2105 and 1.2112. Each applicant is responsible for information submitted in its short-form application being complete and accurate. 54. An applicant's most current ownership information on file with the Commission, if in an electronic format compatible with the short-form application (FCC Form 175) (such as information submitted in an on-line FCC Form 602 or in an FCC Form 175 filed for a previous auction using ISAS) will automatically be entered into the applicant's short-form application. Applicants are responsible for ensuring that the information submitted in their FCC Form 175 for Auction No. 69 is complete and accurate. Accordingly, applicants should carefully review any information automatically entered to confirm that it is complete and accurate as of the deadline for filing the short-form application. Applicants can update any information that was entered automatically and needs to be changed directly in the short-form application. E. Bidding Credit Revenue Disclosures 55. To determine which applicants qualify for bidding credits as small businesses or very small businesses, the Commission considers the gross revenues of the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests. Therefore, entities applying to bid as small businesses or very small businesses (or consortia of small businesses or very small businesses) will be required to disclose on their FCC Form 175 short-form applications the gross revenues of each of the following for the preceding three years:

(1)The applicant,

(2)its affiliates,

(3)its controlling interests, and

(4)the affiliates of its controlling interests. Certification that the average annual gross revenues of such entities and individuals for the preceding three years do not exceed the applicable limit is not sufficient. In order to comply with the Commission's disclosure requirements for bidding credit eligibility, an applicant must provide separately for itself, its affiliates, its controlling interests, and the affiliates of its controlling interests, the gross revenues for each of the preceding three years. If the applicant is applying as a consortium of small businesses or very small businesses, this information must be provided for each consortium member. 56. Controlling interests of an applicant include individuals and entities with either *de facto* or *de jure* control of the applicant. Typically, ownership of at least 50.1 percent of an entity's voting stock evidences *de jure* control. *De facto* control is determined on a case-by-case basis. The following are some common indicia of de facto control:

(1)The entity constitutes or appoints more than 50 percent of the board of directors or management committee;

(2)the entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and

(3)the entity plays an integral role in management decisions. 57. Officers and directors of an applicant are also considered to have controlling interest in the applicant. The Commission does not impose specific equity requirements on controlling interest holders. Once the principals or entities with a controlling interest are determined, only the revenues of those principals or entities, the affiliates of those principals or entities, and the applicant and its affiliates will be counted in determining small business eligibility. 58. In recent years the Commission has made modifications to its rules governing the attribution of gross revenues for purposes of determining small business eligibility. These changes include exempting the gross revenues of the affiliates of a rural telephone cooperative's officers and directors from attribution to the applicant if certain specified conditions are met. The Commission has also clarified that, in calculating an applicant's gross revenues under the controlling interest standard, it will not attribute the personal net worth, including personal income, of its officers and directors to the applicant. However, to the extent that the officers and directors of the applicant are controlling interest holders of other entities, the gross revenues of those entities will be attributed to the applicant. 59. A consortium of small businesses or very small businesses is a conglomerate organization composed of two or more entities, each of which individually satisfies the definition of a small business or very small business as those terms are defined in the service-specific rules. Thus, each member of a consortium of small or very small businesses that applies to participate in Auction No. 69 must individually meet the definition of small business or very small business adopted by the Commission for the 1.4 GHz band. Each consortium member must disclose its gross revenues along with those of its affiliates, its controlling interests, and the affiliates of its controlling interests. Although the gross revenues of the consortium members will not be aggregated for purposes of determining the consortium's eligibility as a small business or very small business, this information must be provided to ensure that each individual consortium member qualifies for any bidding credit awarded to the consortium. Significantly, the *CSEA/Part 1 Report and Order* modified the procedure by which a consortium that is a winning bidder will apply for a license. Applicants applying as consortia should review that order, as well as 47 CFR 1.2107(g) and 1.2110(b)(3), for this license application procedure. F. Provisions Regarding Former and Current Defaulters 60. Each applicant must state under penalty of perjury on its short-form application whether or not the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests, as defined by 47 CFR 1.2110, have ever been in default on any Commission license or have ever been delinquent on any non-tax debt owed to any Federal agency. In addition, each applicant must certify under penalty of perjury on its short-form application that as of the short-form filing deadline, the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests, as defined by § 1.2110, are not in default on any payment for a Commission license (including downpayments) and that they are not delinquent on any non-tax debt owed to any Federal agency. Prospective applicants are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. 61. Former defaulters— *i.e.* , applicants, including any of their affiliates, any of their controlling interests, or any of the affiliates of its controlling interests, that in the past have defaulted on any Commission license or been delinquent on any non-tax debt owed to any Federal agency, but that have since remedied all such defaults and cured all of their outstanding non-tax delinquencies—are eligible to bid in Auction No. 69, provided that they are otherwise qualified. However, former defaulters are required to pay upfront payments that are fifty percent more than the normal upfront payment amounts. 62. Current defaulters— *i.e.* , applicants, including any of their affiliates, any of their controlling interests, or any of the affiliates of their controlling interests, that are in default on any payment for any Commission license (including downpayments) or are delinquent on any non-tax debt owed to any Federal agency as of the filing deadline for applications to participate in this auction—are not eligible to bid in Auction No. 69. 63. Applicants are encouraged to review the Bureau's previous guidance on default and delinquency disclosure requirements in the context of the short-form application process. For example, it has been determined that to the extent that Commission rules permit late payment of regulatory or application fees accompanied by late fees, such debts will become delinquent for purposes of 47 CFR 1.2105(a) and 1.2106(a) only after the expiration of a final payment deadline. Therefore, with respect to regulatory or application fees, the provisions of §§ 1.2105(a) and 1.2106(a) regarding default and delinquency in connection with competitive bidding are limited to circumstances in which the relevant party has not complied with a final Commission payment deadline. However, even where Commission rules expressly permit late payment subject to payment of an additional late fee, and do not impose a final payment deadline, the Commission may in some cases issue a demand for payment by a date certain. Failure to comply with the terms of a particular demand letter in the time period provided may render the subject debt delinquent, notwithstanding rules generally permitting late payments. 64. The Commission considers outstanding debts owed to the United States Government, in any amount, to be a serious matter. The Commission adopted rules, including a provision referred to as the red light rule, that implement the Commission's obligations under the Debt Collection Improvement Act of 1996, which governs the collection of claims owed to the United States. Under the red light rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. In the same rulemaking order, the Commission explicitly declared, however, that the Commission's competitive bidding rules are not affected by the red light rule. As a consequence, the Commission's adoption of the red light rule does not alter the applicability of any of the Commission's competitive bidding rules, including the provisions and certifications of §§ 1.2105 and 1.2106, with regard to current and former defaults or delinquencies. Applicants are reminded, however, that the Commission's Red Light Display System, which provides information regarding debts owed to the Commission, may not be determinative of an auction applicant's ability to comply with the default and delinquency disclosure requirements of § 1.2105. Thus, while the red light rule ultimately may prevent the processing of long-form applications by auction winners, an auction applicant's red light status is not necessarily determinative of its eligibility to participate in this auction or of its upfront payment obligation. 65. Prospective applicants in Auction No. 69 should note that any long-form applications filed after the close of competitive bidding will be reviewed for compliance with the Commission's red light rule, and such review may result in the dismissal of a winning bidder's long-form application. Applicants that have their long-form applications dismissed will be deemed to have defaulted and will be subject to default payments under 47 CFR 1.2104(g) and 1.2109(c). G. Other Information 66. Applicants owned by member of minority groups and/or women, as defined in § 1.2110(c)(3), may identify themselves in filling out their short-form applications regarding this status. This applicant status information is collected for statistical purposes only and assists the Commission in monitoring the participation in its auctions of designated entities, which include rural telephone companies. H. Minor Modifications to Short-Form Applications (FCC Form 175) 67. As of the deadline for filing short-form applications (FCC Forms 175) at 6:00 p.m. ET on December 11, 2006, applicants are permitted to make only minor changes to their applications. Applicants are not permitted to make major modifications to their applications ( *e.g.* , change their license selections, change control of the applicant, change the certifying official, or claim eligibility for a higher bidding credit). Permissible minor changes include deletion and addition of authorized bidders and revision of addresses and telephone numbers of the applicants and their contact persons. 68. Any application amendment and related statements of fact must be certified by:

(1)The applicant, if the applicant is an individual,

(2)one of the partners if the applicant is a partnership,

(3)an officer, director, or duly authorized employee, if the applicant is a corporation,

(4)by a member who is an officer, if the applicant is an unincorporated association,

(5)the trustee if the applicant is an amateur radio service club, or

(6)a duly elected or appointed official who is authorized to make such certifications under the laws of the applicable jurisdiction, if the applicant is a governmental entity. 69. An applicant must make permissible minor changes to its short-form application as such changes are defined by 47 CFR 1.2105(b), electronically, using the FCC Auction System. Applicants must click on the Submit button in the FCC Auction System for the changes to be submitted and considered by the Commission. Note: After the filing window has closed, the auction system will not permit applicants to make certain changes, such as legal classification, and bidding credit. 70. In addition, an applicant should submit a letter briefly summarizing the changes and subsequently update their short-form applications in ISAS as soon as possible. Any letter describing changes to an applicant's short-form application should be submitted by electronic mail to the following address: *auction69@fcc.gov.* The electronic mail summarizing the changes must include a subject or caption referring to Auction No. 69 and the name of the applicant. The Bureau requests that parties format any attachments to electronic mail as Adobe ® Acrobat ®

(pdf)or Microsoft ® Word documents. 71. Applicants must not submit application-specific material through the Commission's Electronic Comment Filing System (ECFS), which was used for submitting comments regarding Auction No. 69 procedures. I. Maintaining Current Information in Short-Form Applications (FCC Form 175) 72. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Changes that cause a loss of or reduction in eligibility for a bidding credit must be reported immediately. If an amendment reporting substantial changes is a major amendment, as defined by 47 CFR 1.2105, the amendment will not be accepted and may result in the dismissal of the short-form application. 73. After the short-form filing deadline, applicants may make only minor changes to their FCC Form 175 applications. Applicants must click on the SUBMIT button in the FCC Auction System for the changes to be submitted and considered by the Commission. In addition, applicants must submit a letter, briefly summarizing the changes, by electronic mail at the following address: *auction69@fcc.gov.* The electronic mail summarizing the changes must include a subject or caption referring to Auction No. 69 and the name of the applicant. The Bureau requests that parties format any attachments to electronic mail as Adobe ® Acrobat ®

(pdf)or Microsoft ® Word documents. 74. Applicants must not submit application-specific material through the Commission's Electronic Comment Filing System

(ECFS)into the record of the proceeding concerning Auction No. 69 procedures. III. Pre-Auction Procedures A. Auction Seminar—November 29, 2006 75. On Wednesday, November 29, 2006, the FCC will sponsor a free seminar for parties interested in participating in Auction No. 69 at the FCC headquarters, located at 445 12th Street, SW., Washington, DC. The seminar will provide attendees with information about pre-auction procedures, completing FCC Form 175, auction conduct, the FCC Auction System, auction rules, and the 1.4 GHz band rules. The seminar will also provide an opportunity for prospective bidders to ask questions of FCC staff concerning the auction, auction procedures, filing requirements and other matters related to this auction. 76. To register, please provide the information listed on Attachment B of the *Auction No. 69 Procedures Public Notice* by Monday, November 27, 2006. Registrations are accepted on a first-come, first-served basis. 77. For individuals who are unable to attend, an Audio/Video webcast of this seminar will be available from the FCC's Auction No. 69 Web page at *http://wireless.fcc.gov/auctions/69/.* B. Short-Form Application (FCC Form 175)—Due Prior to 6 p.m. ET on December 11, 2006 78. In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application electronically via the FCC Auction System. This application must be received at the Commission prior to 6 p.m. ET on December 11, 2006. Late applications will not be accepted. There is no application fee required when filing an FCC Form 175. However, to be eligible to bid, an applicant must submit an upfront payment. 79. Applications may generally be filed at any time beginning at noon ET on November 29, 2006, and the filing window will close at 6 p.m. ET on December 11, 2006. Applicants are strongly encouraged to file early and are responsible for allowing adequate time for filing their applications. Applicants may update or amend their applications multiple times until the filing deadline on December 11, 2006. 80. Applicants must always click on the SUBMIT button on the Certify & Submit screen of the electronic form to successfully submit their FCC Form 175's or modifications. Any form that is not submitted will not be reviewed by the FCC. Information about accessing, completing, and viewing the FCC Form 175 is included in Attachment C of the *Auction No. 69 Procedures Public Notice.* FCC Auctions Technical Support is available. C. Application Processing and Minor Corrections 81. After the deadline for filing the FCC Form 175 applications has passed, the FCC will process all timely submitted applications to determine which are acceptable for filing, and subsequently will issue a public notice identifying:

(1)Those applications accepted for filing;

(2)those applications rejected; and

(3)those applications which have minor defects that may be corrected, and the deadline for resubmitting corrected applications. 82. After the short-form filing deadline on December 11, 2006, applicants may make only minor corrections to their FCC Form 175 applications. Applicants will not be permitted to make major modifications to their applications ( *e.g.* , change their license selections, change control of the applicant, change certifying official, or claim eligibility for a higher bidding credit). D. Upfront Payments—Due January 12, 2007 83. In order to be eligible to bid in the auction, applicants must submit an upfront payment accompanied by an FCC Remittance Advice Form (FCC Form 159). After completing the FCC Form 175, filers will have access to an electronic version of the FCC Form 159 that can be printed and sent by facsimile to Mellon Bank in Pittsburgh, PA. All upfront payments must be received in the proper account at Mellon Bank by 6 p.m. ET on January 12, 2007. i. Making Auction Payments by Wire Transfer 84. Wire transfer payments must be received by 6 p.m. ET on January 12, 2007. To avoid untimely payments, applicants should discuss arrangements (including bank closing schedules) with their banker several days before they plan to make the wire transfer, and allow sufficient time for the transfer to be initiated and completed before the deadline. 85. At least one hour before placing the order for the wire transfer (but on the same business day), applicants must send by facsimile a completed FCC Form 159 (Revised 2/03) to Mellon Bank at

(412)209-6045. On the facsimile cover sheet, the applicant must write Wire Transfer—Auction Payment for Auction No. 69. In order to meet the Commission's upfront payment deadline, an applicant's payment must be credited to the Commission's account before the deadline. Applicants are responsible for obtaining confirmation from their financial institution that Mellon Bank has timely received their upfront payment and deposited it in the proper account. 86. Please note that:

(1)All payments must be made in U.S. dollars;

(2)all payments must be made by wire transfer;

(3)upfront payments for Auction No. 69 go to a lockbox number different from the lockboxes used in previous FCC auctions, and different from the lockbox number to be used for post-auction payments; and

(4)failure to deliver the upfront payment by the January 12, 2007 deadline, will result in dismissal of the application and disqualification from participation in the auction. ii. FCC Form 159 87. A completed FCC Remittance Advice Form (FCC Form 159, Revised 2/03) must be sent by facsimile to Mellon Bank to accompany each upfront payment. Proper completion of FCC Form 159 (Revised 2/03) is critical to ensuring correct crediting of upfront payments. Detailed instructions for completion of FCC Form 159 are included in Attachment D of the *Auction No. 69 Procedures Public Notice.* The FCC Form 159 can be completed electronically, but must be filed with Mellon Bank via facsimile. iii. Upfront Payments and Bidding Eligibility 88. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed that the amount of the upfront payment would determine a bidder's initial bidding eligibility, the maximum number of bidding units on which a bidder may place bids. In order to bid on a license, otherwise qualified bidders that selected that license on Form 175 must have a current eligibility level that meets or exceeds the number of bidding units assigned to that license. At a minimum, therefore, an applicant's total upfront payment must be enough to establish eligibility to bid on at least one of the licenses selected on its Form 175, or else the applicant will not be eligible to participate in the auction. An applicant does not have to make an upfront payment to cover all licenses the applicant selected on its Form 175, but rather to cover the maximum number of bidding units that are associated with licenses on which the bidder wishes to place bids and hold provisionally winning bids at any given time. Provisionally winning bids are bids that would become final winning bids if the auction were to close after the given round. 89. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed to calculate upfront payments for Auction No. 69 on a license-by-license basis using the following formula: $0.005 * MHz * License Area Population with a minimum of $1,000 per license. The Bureau set forth the specific upfront payments and bidding units for each license in Attachment A of the *Auction No. 69 Comment Public Notice* and sought comment on this proposal. The Bureau received no comments in response to the proposed upfront payments. The specific upfront payments and bidding units for each license are set forth in Attachment A of the *Auction No. 69 Procedures Public Notice.* 90. Applicants must make upfront payments sufficient to obtain bidding eligibility on the licenses on which they will bid. In calculating its upfront payment amount, an applicant should determine the maximum number of bidding units on which it may wish to be active (bid on or hold provisionally winning bids on) in any single round, and submit an upfront payment amount covering that number of bidding units. In order to make this calculation, an applicant should add together the upfront payments for all licenses on which it seeks to be active in any given round. Applicants should check their calculations carefully, as there is no provision for increasing a bidder's eligibility after the upfront payment deadline. In some cases, a qualified bidder's maximum eligibility may be less than the amount of its upfront payment because the qualified bidder, pursuant to 47 CFR 1.2106(a), has either previously been in default on a Commission license or delinquent on a non-tax debt owed to a Federal agency, or has submitted an upfront payment that exceeds the total amount of bidding units associated with the licenses the applicant selected on its FCC Form 175 application. 91. In the *Part 1 Fifth Report and Order,* 65 FR 52323, August 29, 2000, the Commission ordered that applicants that are former defaulters be required to pay upfront payments 50 percent greater than non-former defaulters. For purposes of this calculation, the applicant includes the applicant itself, its affiliates, its controlling interests, and affiliates of its controlling interests, as defined by 47 CFR 1.2110. Accordingly, former defaulters should calculate their upfront payment for all licenses by multiplying the number of bidding units on which they wish to be active by 1.5. In order to calculate the number of bidding units to assign to former defaulters, the Commission will divide the upfront payment received by 1.5 and round the result up to the nearest bidding unit. If a former defaulter fails to submit a sufficient upfront payment to establish eligibility to bid on at least one of the licenses applied for on its Form 175, the applicant will not be eligible to participate in the auction. 92. iii. Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments 93. To ensure that refunds of upfront payments are processed in an expeditious manner, the Commission is requesting that all pertinent information as specified in the *Auction No. 69 Procedures Public Notice* be supplied to the FCC. For example, the Commission must be provided with a Taxpayer Identification Number

(TIN)before it can disburse refunds. Applicants can provide the information electronically during the initial short-form application filing window after the form has been submitted. (Applicants are reminded that information submitted as part of an FCC Form 175 will be available to the public; for that reason, wire transfer information should not be included in an FCC Form 175.) Wire Transfer Instructions can also be manually sent by facsimile to the FCC, Financial Operations Center, Auctions Accounting Group, ATTN: Gail Glasser. All refunds will be returned to the payer of record as identified on the FCC Form 159 unless the payer submits written authorization instructing otherwise. E. Auction Registration 94. Approximately ten days before the auction, the FCC will issue a public notice announcing all qualified bidders for the auction. Qualified bidders are those applicants whose FCC Form 175 applications have been accepted for filing and have timely submitted upfront payments sufficient to make them eligible to bid. 95. All qualified bidders are automatically registered for the auction. Registration materials will be distributed prior to the auction by overnight mail. The mailing will be sent only to the contact person at the contact address listed in the FCC Form 175 and will include the SecurID ® cards that will be required to place bids, the Integrated Spectrum Auction System

(ISAS)Bidder's Guide, and the Auction Bidder Line phone number. 96. Qualified bidders that do not receive this registration mailing will not be able to submit bids. Therefore, any qualified bidder that has not received this mailing by noon on Thursday, February 1, 2007, should call

(717)338-2868. Receipt of this registration mailing is critical to participating in the auction, and each applicant is responsible for ensuring it has received all of the registration material. 97. In the event that SecurID ® cards are lost or damaged, only a person who has been designated as an authorized bidder, the contact person, or the certifying official on the applicant's short-form application may request replacement registration material. Qualified bidders requiring the replacement of these items must call Technical Support. F. Remote Electronic Bidding 98. The Commission will conduct this auction over the Internet, and telephonic bidding will be available as well. Qualified bidders are permitted to bid electronically and telephonically. Each applicant should indicate its bidding preference—electronic or telephonic—on the FCC Form 175. In either case, each authorized bidder must have its own SecurID ® card, which the FCC will provide at no charge. Each applicant with one authorized bidder will be issued two SecurID cards, while applicants with two or three authorized bidders will be issued three cards. For security purposes, the SecurID ® cards, the telephonic bidding telephone number, and the Integrated Spectrum Auction System

(ISAS)Bidder's Guide are only mailed to the contact person at the contact address listed on the FCC Form 175. Please note that each SecurID ® card is tailored to a specific auction; therefore, SecurID ® cards issued for other auctions or obtained from a source other than the FCC will not work for Auction No. 69. G. Mock Auction—February 5, 2007 99. All qualified bidders will be eligible to participate in a mock auction on Monday, February 5, 2007. The mock auction will enable applicants to become familiar with the FCC Auction System prior to the auction. Participation by all bidders is strongly recommended. Details will be announced by public notice. IV. Auction Event 100. The first round of bidding for Auction No. 69 will begin on Wednesday, February 7, 2007. The initial bidding schedule will be announced in a public notice listing the qualified bidders, which is to be released approximately 10 days before the start of the auction. A. Auction Structure i. Simultaneous Multiple Round Auction 101. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed to auction all 1.4 GHz band licenses in a single auction using the Commission's standard simultaneous multiple-round

(SMR)auction format. This type of auction offers every license for bid at the same time and consists of successive bidding rounds in which eligible bidders may place bids on individual licenses. A bidder may bid on, and potentially win, any number of licenses. Typically, bidding remains open on all licenses until bidding stops on every license, unless a modified stopping rule is invoked. 102. The Bureau also sought comment on using a simultaneous multiple-round with package bidding (SMR-PB) format for Auction No. 69. A commenter advocated in its brief comments that the Bureau employ package bidding because bidders likely will wish to aggregate licenses to put together nationwide coverage or coverage of substantial parts of the country. However, the SMR format addresses such a need to aggregate spectrum licenses. The Bureau does not believe that the circumstances of Auction No. 69 present significant conflicting complementarities that could weigh more strongly in favor of package bidding. 103. Two comments were filed suggesting that package bidding be used and recommending modifications to the SMR-PB format as programmed in the FCC Auction System, noting that the current package bidding format may be too complex. The Bureau is not persuaded that the economic characteristics of the 1.4 GHz Band weigh in favor of package bidding and therefore, the Bureau will not use an SMR-PB format for Auction No. 69. As a result, the Bureau did not address the specifics of the SMR-PB format in the *Auction No. 69 Procedures Public Notice.* 104. The Bureau concludes that the standard SMR auction format will meet the needs of bidders in Auction No. 69, and the Bureau adopted its proposal to use a simultaneous multiple-round auction format without package bidding. Unless otherwise announced, bids will be accepted on all licenses in each round of the auction until bidding stops on every license. This approach, the Bureau believes, allows bidders to take advantage of synergies that exist among licenses. ii. Information Available to Bidders Before and During the Auction 105. In the *Auction No. 69 Comment Public Notice,* the Bureau sought comment on whether to implement procedures that would limit the disclosure of information on bidder interests and identities relative to the information procedures that have typically been used for Commission auctions. In that connection, the Bureau sought comment on whether technological considerations or the likely level of competition in Auction No. 69 weigh in favor of or against limiting the disclosure of information on bidder interests and identities relative to most past Commission spectrum auctions, or whether the Commission should condition the implementation of such limits on a measure of the competitiveness of the auction, such as the eligibility ratio or a modified version of the eligibility ratio. The Bureau received no comments on this issue. 106. Although the Commission has the option to limit the availability of information on an auction-by-auction basis, in the past, the Commission generally has elected not to limit such information. However, as discussed by the Commission in connection with Auction No. 66, there are potential harms as well as benefits from publicly revealing all information during the auction process. The potential harms from anti-competitive behavior facilitated by the release of certain information are likely to be greater when the auction is less competitive—that is, when the number of bidders and the level of upfront payments are relatively low compared to the number of licenses offered. Therefore, for Auction No. 69, the Bureau will use limited information procedures if it appears likely that the competitiveness of the auction will be low, and if the Bureau believes that limited information procedures will be effective in making anti-competitive behavior less likely to be successful. Alternatively, if the Bureau determines that the auction is likely to be sufficiently competitive, and therefore, that the risk of successful collusion is low, the Bureau will make available bidding information that the Bureau typically has made available in previous Commission auctions. 107. Specifically, the Bureau will estimate the likely level of competition in the auction by considering the eligibility ratio, defined as the total number of bidding units of eligibility purchased by bidders through their upfront payments divided by the total number of bidding units for the licenses in the auction. If the eligibility ratio equals or exceeds three, the Bureau will use the information procedures typically used in past FCC auctions. If the eligibility ratio is less than three, in general the Bureau will withhold certain information on bidder interests and bidder identities. 108. However, if the eligibility ratio is less than three, the Bureau reserves the discretion to use information procedures typically used in past FCC auctions if circumstances indicate that limited information procedures would not be an effective tool for deterring anti-competitive behavior. The Bureau anticipates announcing the information disclosure procedures to be used at or about the time that the Bureau releases a public notice announcing the applicants that are qualified to participate in the bidding. 109. If it is determined that limited information procedures will be used, the Bureau will make available prior to the auction the total eligibility level for the auction as well as the eligibility of each bidder, but will not identify bidders' license selections. After each round of bidding, the amounts of each bid placed will be made available, but not the identities of the bidders. This information will give bidders an indication of demand for the licenses, so that bidders and their investors will be able to assess whether their bids are likely to be consistent with the valuations of other bidders, mitigating fear of the winner's curse. In addition, after each round bidders logged in to the FCC Auction System will be able to access reports indicating whether their own bids are provisionally winning. 110. *Other Issues.* The Bureau does not believe that the information disclosure procedures established for this auction will interfere with the administration of or compliance with the Commission's anti-collusion rule, 47 CFR 1.2105(c). In Auction No. 69, the Commission will not disclose information regarding license selection at least until the upfront payment deadline has passed and the Commission determines the information disclosure procedures to be used for the auction. The Commission will disclose the other portions of applicants' short-form applications, through its on-line database and certain application-based information through public notices. Thus, even without information regarding license selection, applicants would be able to comply with § 1.2105(c) by not disclosing bids or bidding strategies to any other applicants in the auction. This approach, however, could inhibit otherwise lawful communications with applicants for licenses in other geographic license areas, which the Commission's rule permits. Consequently, the Bureau will notify separately each applicant with short-form applications to participate in a pending auction, including but not limited to Auction No. 69, whether applicants in Auction No. 69 have applied for licenses in any of the same geographic areas as that applicant. Specifically, after the Bureau conducts its initial review of applications to participate in Auction No. 69, each applicant with a short-form application to participate in a pending auction will receive a letter that lists the applicants in Auction No. 69 that have applied for licenses in any of the same geographic areas as the applicant. The list will identify the Auction No. 69 applicant(s) by name but will not list the license selections of the Auction No. 69 applicant(s). 111. For purposes of the anti-collusion rule, the term applicant is defined in 47 CFR 1.2105(c)(7) to include all controlling interests, all parties with ownership interests greater than 10%, and all officers and directors of the applicant. As in past auctions, additional information regarding applicants in Auction No. 69 that is needed to comply with § 1.2105(c), such as, the identifies of controlling interests in the applicant and ownership interests greater than 10%, will be available through the publicly accessible on-line short-for application database. iii. Eligibility and Activity Rules 112. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed that the amount of the upfront payment submitted by a bidder would determine the initial (maximum) eligibility (as measured in bidding units) for each bidder. The Bureau received no comments on this issue. 113. The Bureau adopted the proposed use of upfront payments to determine initial (maximum) eligibility (as measured in bidding units) for Auction No. 69. The amount of the upfront payment submitted by a bidder determines initial bidding eligibility, the maximum number of bidding units on which a bidder may be active. Each license is assigned a specific number of bidding units equal to the upfront payment listed in Attachment A of the *Auction No. 69 Procedures Public Notice* on a bidding unit per dollar basis. Bidding units for a given license do not change as prices rise during the auction. A bidder's upfront payment is not attributed to specific licenses. Rather, a bidder may place bids on any of the licenses selected on its FCC Form 175 as long as the total number of bidding units associated with those licenses does not exceed its current eligibility. Eligibility cannot be increased during the auction; it can only remain the same or decrease. Thus, in calculating its upfront payment amount, an applicant must determine the maximum number of bidding units it may wish to bid on or hold provisionally winning bids on in any single round, and submit an upfront payment amount covering that total number of bidding units. The total upfront payment does not affect the total dollar amount a bidder may bid on any given license. 114. In order to ensure that an auction closes within a reasonable period of time, an activity rule requires bidders to bid actively throughout the auction, rather than wait until late in the auction before participating. Bidders are required to be active on a specific percentage of their current bidding eligibility during each round of the auction. 115. A bidder's activity level in a round is the sum of the bidding units associated with licenses on which the bidder is active. A bidder is considered active on a license in the current round if it is either the provisionally winning bidder at the end of the previous bidding round and does not withdraw the provisionally winning bid in the current round, or if it submits a bid in the current round. The minimum required activity is expressed as a percentage of the bidder's current eligibility, and increases by stage as the auction progresses. Because these procedures have proven successful in maintaining the pace of previous auctions, the Bureau adopted them for Auction No. 69. Failure to maintain the requisite activity level will result in the use of an activity rule waiver, if any remain, or a reduction in the bidder's eligibility, possibly curtailing or eliminating the bidder's ability to place bids in the auction. iv. Auction Stages 116. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed to conduct the auction in two stages and employ an activity rule. The Bureau further proposed that, in each round of Stage One, a bidder desiring to maintain its current bidding eligibility would be required to be active on licenses representing at least 80 percent of its current bidding eligibility. Finally, the Bureau proposed that in each round of Stage Two, a bidder desiring to maintain its current bidding eligibility would be required to be active on at least 95 percent of its current bidding eligibility. The Bureau received no comments on this proposal. 117. The Bureau adopted its proposals for the activity rules and stages. As explained further in the *Auction No. 69 Procedures Public Notice,* during Stage One, reduced eligibility for the next round will be calculated by multiplying the bidder's current round activity (the sum of bidding units of the bidder's provisionally winning bids and bids during the current round) by five-fourths (5/4). During Stage Two, reduced eligibility for the next round will be calculated by multiplying the bidder's current round activity (the sum of bidding units of the bidder's provisionally winning bids and bids during the current round) by twenty-nineteenths (20/19). Because the procedures have proven successful in maintaining the proper pace in previous auctions, the Bureau adopted them for Auction No. 69. 118. Because activity requirements increase in Stage Two, bidders must check carefully their activity during the first round following a stage transition to ensure that they are meeting the increased activity requirements. This is especially critical for bidders that have provisionally winning bids and do not plan to submit new bids. In past auctions, some bidders have lost bidding eligibility inadvertently or used an activity rule waiver because they did not re-verify their activity status at stage transitions. Bidders may check their activity against the required activity level by logging into the FCC Auction System. v. Stage Transitions 119. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed that the auction would generally advance to the next stage (i.e., from Stage One to Stage Two) when the auction activity level, as measured by the percentage of bidding units receiving new provisionally winning bids, is approximately 20 percent or lower for three consecutive rounds of bidding. The Bureau further proposed that the Bureau would retain the discretion to change stages unilaterally by announcement during the auction. This determination, the Bureau proposed, would be based on a variety of measures of bidder activity, including, but not limited to, the auction activity level, the percentages of licenses (as measured in bidding units) on which there are new bids, the number of new bids, and the percentage increase in revenue. The Bureau received no comments on this issue. The Bureau believes that these stage transition rules, having proven successful in prior auctions, are appropriate for use in Auction No. 69. The Bureau adopted its proposal. Thus, the auction will start in Stage One and will generally advance to Stage Two when, in each of three consecutive rounds of bidding, the provisionally winning bids have been placed on 20 percent or less of the licenses being auctioned (as measured in bidding units). (However, the stage of the auction does not affect the auction stopping rules; the auction may conclude in Stage One.) The Bureau will retain the discretion to regulate the pace of the auction by announcement. vi. Activity Rule Waivers 120. In the *Auction No. 69 Comment Public Notice,* the Bureau proposed that each bidder in the auction be provided with three activity rule waivers. The Bureau received no comments on this issue. The Bureau is satisfied that providing three waivers over the course of the auction will give bidders a sufficient number of waivers and flexibility, while also safeguarding the integrity of the auction. Therefore, the Bureau adopted its proposal that each bidder be provided three activity rule waivers. 121. Bidders may use an activity rule waiver in any round during the course of the auction. Use of an activity rule waiver preserves the bidder's current bidding eligibility despite the bidder's activity in the current round being below the required minimum activity level. An activity rule waiver applies to an entire round of bidding and not to a particular license. Activity rule waivers can be either applied proactively by the bidder (a proactive waiver) or applied automatically by the FCC Auction System (an automatic waiver) and are principally a mechanism for auction participants to avoid the loss of bidding eligibility in the event that exigent circumstances prevent them from placing a bid in a particular round. 122. The FCC Auction System assumes that bidder with insufficient activity would prefer to apply an activity rule waiver (if available) rather than lose bidding eligibility. Therefore, the system will automatically apply a waiver at the end of any bidding round where a bidder's activity level is below the minimum required unless:

(1)There are no activity rule waivers available; or

(2)the bidder overrides the automatic application of a waiver by reducing eligibility. If a bidder has no waivers remaining and does not satisfy the activity requirement, the FCC Auction System will permanently reduce the bidder's eligibility, possibly curtailing or eliminating the bidder's ability to place additional bids in the auction. 123. A bidder with insufficient activity that wants to reduce its bidding eligibility rather than use an activity rule waiver must affirmatively override the automatic waiver mechanism during the bidding round by using the reduce eligibility function in the FCC Auction System. In this case, the bidder's eligibility is permanently reduced to bring the bidder into compliance with the activity rules. Once eligibility has been reduced, a bidder will not be permitted to regain its lost bidding eligibility even if the round has not yet closed. 124. Finally, a bidder may apply an activity rule waiver proactively as a means to keep the auction open without placing a bid. If a bidder proactively applies an activity waiver during a bidding round in which no bids or withdrawals are submitted, the auction will remain open and the bidder's eligibility will be preserved. However, an automatic waiver applied by the FCC Auction System in a round in which there are no new bids, withdrawals, or proactive waivers will not keep the auction open. A bidder cannot submit a proactive waiver after submitting a bid in a round, and submitting a proactive waiver will preclude a bidder from placing any bids in that round. Applying a waiver is irreversible; once a proactive waiver is submitted that waiver cannot be unsubmitted, even if the round has not yet closed. vii. Auction Stopping Rules 125. For Auction No. 69, the Bureau proposed to employ a simultaneous stopping rule approach. The Bureau also sought comment on a modified version of the simultaneous stopping rule (modified stopping rule). The modified stopping rule would close the auction for all licenses after the first round in which no bidder applies a waiver, places a withdrawal, or submits any new bids on any license on which it is not the provisionally winning bidder. Thus, absent any other bidding activity, a bidder placing a new bid on a license for which it is the provisionally winning bidder would not keep the auction open under this modified stopping rule. 126. The Bureau further proposed retaining the discretion to keep the auction open even if no new bids or proactive waivers are submitted and no provisionally winning bids are withdrawn in a round. In this event, the effect will be the same as if a bidder had applied a waiver. Thus, the activity rule will apply as usual, and a bidder with insufficient activity will either use an activity rule waiver (if it has any left) or lose bidding eligibility. 127. In addition, the Bureau proposed that it reserve the right to declare that the auction will end after a specified number of additional rounds (special stopping rule). If the Bureau invokes this special stopping rule, it will accept bids in the specified final round(s) and the auction will close. 128. The Bureau proposed to exercise these options only in circumstances such as where the auction is proceeding very slowly, where there is minimal overall bidding activity or where it appears likely that the auction will not close within a reasonable period of time. 129. The Bureau believes that the proposed stopping rules are appropriate for Auction No. 69, because experience in prior auctions demonstrates that these stopping rules balance interests of administrative efficiency and maximum bidder participation. The Bureau received no comments concerning the auction stopping rules. Therefore the Bureau adopted the stopping rule proposals made in the *Auction No. 69 Comment Public Notice* . Auction No. 69 will begin under the simultaneous stopping rule approach, and the Bureau will retain the discretion to employ the other versions of the stopping rule. Moreover, the Bureau will retain the discretion to use the modified stopping rule with or without prior announcement during the auction. viii. Auction Delay, Suspension, or Cancellation 130. In the *Auction No. 69 Comment Public Notice* , the Bureau proposed that, by public notice or by announcement during the auction, the Bureau may delay, suspend, or cancel the auction in the event of natural disaster, technical obstacle, evidence of an auction security breach, unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair conduct of competitive bidding. The Bureau received no comment on this issue. 131. Because the Bureau's approach to notification of delay during an auction has proven effective in resolving exigent circumstances in previous auctions, the Bureau adopted its proposals regarding auction delay, suspension, or cancellation. The Bureau, in its sole discretion, may elect to resume the auction starting from the beginning of the current round, resume the auction starting from some previous round, or cancel the auction in its entirety. The Bureau emphasizes that exercise of this authority is solely within the discretion of the Bureau, and its use is not intended to be a substitute for situations in which bidders may wish to apply their activity rule waivers. B. Bidding Procedures i. Round Structure 132. The initial schedule of bidding rounds will be announced in the public notice listing the qualified bidders, which is released approximately 10 days before the start of the auction. Each bidding round is followed by the release of round results. Multiple bidding rounds may be conducted in a given day. 133. The Bureau has discretion to change the bidding schedule in order to foster an auction pace that reasonably balances speed with the bidders' need to study round results and adjust their bidding strategies. The Bureau may increase or decrease the amount of time for the bidding rounds and review periods, or the number of rounds per day, depending upon the bidding activity level and other factors. ii. Reserve Price and Minimum Opening Bids a. Reserve Price. 134. Congress recently required the Commission to revise existing regulations regarding reserve prices for auctions involving eligible frequencies subject to CSEA. CSEA defines eligible frequencies as including frequencies from 1432-1435 MHz. Thus, twelve 1.4 GHz band licenses authorize use of frequencies half of which are subject to CSEA requirements. In CSEA, Congress directed the Commission to make revisions that would prescribe methods by which the total cash proceeds from any auction of licenses authorizing use of eligible frequencies shall equal at least 110 percent of the total estimated relocation costs provided to the Commission pursuant to CSEA. Accordingly, the Commission recently revised its reserve price rule. 135. CSEA also imposes other related requirements regarding the proceeds from an auction involving eligible frequencies. Pursuant to CSEA, the total cash proceeds attributable to eligible spectrum must be at least 110 percent of the total estimated relocation costs before the Commission may conclude the auction. If this condition is not met, CSEA requires that the Commission shall cancel the auction. Finally, in CSEA, Congress also directed that cash proceeds attributable to the auction of any eligible frequencies * * * shall be deposited in the Spectrum Relocation Fund created by CSEA. Pursuant to CSEA, on December 27, 2005, NTIA notified the Commission that there are no costs associated with relocating federal operations from the 1432-1435 MHz band. Accordingly, a reserve price will not be used for this auction to cover relocation costs under CSEA. b. Minimum Opening Bids. 136. The Bureau proposed in the *Auction No. 69 Comment Public Notice* to establish minimum opening bids for each license, while retaining discretion to lower the minimum opening bids. Specifically, for Auction No. 69, the Bureau proposed the following formula for calculating license-by-license minimum opening bids: $0.005 * MHz * License Area Population with a minimum of $1,000 per license. The Bureau sought comment on this proposal and, in the alternative, whether, the public interest would be served by having no minimum opening bid. 137. In Commission auctions, minimum opening bids are intended to serve as useful starting points for bidding. Minimum opening bids are not intended to be estimates of final auction prices or to reflect all differences between license values. Accordingly, differences in license characteristics, such as population density, that may result in different final prices do not always necessitate different minimum opening bids for the licenses. 138. A commenter proposed that the minimum opening bids should be reduced substantially, claiming that the proposed minimum opening bids do not take into account the amount of spectrum being auctioned. The commenter asserted that the proposed minimum opening bid levels are relatively high as compared with other auctions and will discourage bidders from participating. The commenter further suggested the value of this spectrum is constrained by other factors, such as the need to protect the radioastronomy service. Finally, the commenter argues that the proposed minimum opening bids for this auction are higher than those used for the auction of Multiple Address Systems spectrum (Auction No. 59), which, in the commenter's view, is more valuable spectrum than the 1.4 GHz band licenses offered here. The Bureau, however, was not persuaded that the commenter's comparison is apt in that it compares two completely different services with different bandwidth, geographic areas and band plans. The Bureau continued to believe that the previously-proposed minimum opening bids for this auction are reasonable. Accordingly, the Bureau adopted its proposal and set the minimum opening bids using the proposed formula of $0.005 * MHz * license area population. 139. The Bureau did not receive any comments addressing its proposal that it retain the discretion to reduce minimum opening bid amounts. The Bureau adopted this proposal. The minimum opening bid amounts adopted for Auction No. 69 are reducible at the discretion of the Bureau. The Bureau emphasized, however, that such discretion will be exercised, if at all, sparingly and early in the auction, *i.e.* , before bidders lose all activity waivers. During the course of the auction, the Bureau will not entertain requests to reduce the minimum opening bid amount on specific licenses. The Bureau noted further that effectively the minimum opening bids operate as reserve prices. 140. The specific minimum opening bid amounts for each license available in Auction No. 69 calculated pursuant to the procedure describe above are set forth in Attachment A of the *Auction No. 69 Procedures Public Notice.* iii. Bid Amounts 141. In the *Auction No. 69 Comment Public Notice* , the Bureau proposed that in each round, eligible bidders be able to place a bid on a given license in any of nine different amounts, if the bidder has sufficient eligibility to place a bid on the particular license. Under the proposal, the FCC Auction System interface will list the nine acceptable bid amounts for each license, unless rounding produces duplicate bid amounts. The Bureau received no comment on this issue. Based on experience in prior auctions, the Bureau adopted its proposals for Auction No. 69. 142. The first of the nine acceptable bid amounts is called the minimum acceptable bid amount. The minimum acceptable bid amount for a license will be equal to its minimum opening bid amount until there is a provisionally winning bid for the license. After there is a provisionally winning bid for a license, the minimum acceptable bid amount for that license will be equal to the amount of the provisionally winning bid plus a percentage of that bid amount calculated using the specified formula. In general, the percentage will be higher for a license receiving many bids than for a license receiving few bids. In the case of a license for which the provisionally winning bid has been withdrawn, the minimum acceptable bid amount will equal the second highest bid received for the license. 143. The percentage of the provisionally winning bid used to establish the minimum acceptable bid amount (the additional percentage) is calculated at the end of each round, based on an activity index which is a weighted average of the number of bids in that round and the activity index from the prior round. (Because there is no prior round, for Round 1 calculations, the activity index from the prior round is zero.) Specifically, the activity index is equal to a weighting factor times the number of bids on the license in the most recent bidding round plus one minus the weighting factor times the activity index from the prior round. The additional percentage is determined as one plus the activity index times a minimum percentage amount, with the result not to exceed a given maximum. The additional percentage is then multiplied by the provisionally winning bid amount to obtain the minimum acceptable bid for the next round. The Commission will initially set the weighting factor at 0.5, the minimum percentage at 0.1 (10%), and the maximum percentage at 0.2 (20%). Hence, at these initial settings, the minimum acceptable bid for a license will be between 10% and 20% higher than the provisionally winning bid, depending upon the bidding activity for the license. Equations and examples are shown in Attachment E of the *Auction No. 69 Procedures Public Notice.* 144. The eight additional bid amounts are calculated using the minimum acceptable bid amount and a bid increment percentage. The first additional acceptable bid amount equals the minimum acceptable bid amount times one plus the bid increment percentage, rounded. If, for example, the bid increment percentage is 5 percent, the calculation is (minimum acceptable bid amount) * (1 + 0.05), rounded, or (minimum acceptable bid amount) * 1.05, rounded; the second additional acceptable bid amount equals the minimum acceptable bid amount times one plus two times the bid increment percentage, rounded, or (minimum acceptable bid amount) * 1.1, rounded; the third additional acceptable bid amount equals the minimum acceptable bid amount times one plus three times the bid increment percentage, rounded, or (minimum acceptable bid amount) * 1.15, rounded; etc. The Bureau will round the results of these calculations, as well as the calculations to determine the minimum acceptable bid amounts, using its standard rounding procedures. For Auction No. 69, the Bureau proposed to use a bid increment percentage of 5 percent to calculate the eight additional acceptable bid amounts. The Bureau received no comment on this issue and will begin the auction with a bid increment percentage of 5 percent. 145. The Bureau did not receive any comments on its proposal to retain the discretion to change the minimum acceptable bid amounts, the parameters of the formula to determine the percentage of the provisionally winning bid used to determine the minimum acceptable bid, and the bid increment percentage if it determines that circumstances so dictate. The Bureau will do so by announcement in the FCC Auction System during the auction if circumstances warrant. The Bureau adopted this proposal. iv. Provisionally Winning Bids 146. At the end of each bidding round, a provisionally winning bid will be determined based on the highest bid amount received for each license. A provisionally winning bid will remain the provisionally winning bid until there is a higher bid on the same license at the close of a subsequent round. Provisionally winning bids at the end of the auction become the winning bids. Bidders are reminded that provisionally winning bids count toward activity for purposes of the activity rule. 147. In the *Auction No. 69 Comment Public Notice* , the Bureau proposed to use a random number generator to select a single provisionally winning bid in the event of identical high bid amounts being submitted on a license in a given round ( *e.g.* tied bids). No comments were received on this proposal. Therefore, the Bureau adopted its proposal. A pseudo-random number generator based on the L'Ecuyer algorithms will be used to assign a random number to each bid. The tied bid with the highest random number wins the tiebreaker, and becomes the provisionally winning bid. The remaining eligible bidders, as well as the provisionally winning bidder, can submit higher bids in subsequent rounds. However, if the auction were to close with no other bids being placed, the winning bidder would be the one that placed the selected provisionally winning bid. 148. During a round, a bidder may submit bids for as many licenses as it wishes (providing that it is eligible to bid), withdraw provisionally winning bids from previous rounds, remove bids placed in the current bidding round, or permanently reduce eligibility. Bidders also have the option of submitting and removing multiple bids and withdrawing multiple provisionally winning bids (subject to the limitation on withdrawal rounds discussed below) during a round. If a bidder submits multiple bids for a single license in the same round, the system takes the last bid entered as that bidder's bid for the round. Bidders should note that the bidding units associated with licenses for which the bidder has removed or withdrawn its bid do not count towards the bidder's current activity. 149. All bidding will take place remotely either through the FCC Auction System or by telephonic bidding. There will be no on-site bidding during Auction No. 69. Please note that telephonic bid assistants are required to use a script when entering bids placed by telephone. Telephonic bidders are therefore reminded to allow sufficient time to bid by placing their calls well in advance of the close of a round. Normally, five to ten minutes are necessary to complete a telephonic bid submission. 150. A bidder's ability to bid on specific licenses is determined by two factors:

(1)the licenses selected on the bidder's FCC Form 175 and

(2)the bidder's eligibility. The bid submission screens will allow bidders to submit bids on only those licenses the bidder selected on its FCC Form 175. 151. In order to access the bidding function of the FCC Auction System, bidders must be logged in during the bidding round using the passcode generated by the SecurID® card and a personal identification number

(PIN)created by the bidder. Bidders are strongly encouraged to print a round summary for each round after they have completed all of their activity for that round. 152. In each round, if there is sufficient eligibility to place a bid on the particular license, an eligible bidder will be able to place bids on a given license in any of nine different amounts. (In the event of duplicate bid amounts due to rounding, however, the FCC Auction System will omit the duplicates and will list fewer than nine acceptable bid amounts for the license.) For each license, the FCC Auction System will list the nine acceptable bid amounts in a drop-down box. Bidders use the drop-down box to select from among the acceptable bid amounts. The FCC Auction System also includes an upload function that allows bidders to upload text files containing bid information. 153. Until a bid has been placed on a license, the minimum acceptable bid amount for that license will be equal to its minimum opening bid amount. Once there are bids on a license, minimum acceptable bids for a license will be determined. 154. Finally, bidders are cautioned to select their bid amounts carefully because, bidders that withdraw a provisionally winning bid from a previous round, even if the bid was mistakenly or erroneously made, are subject to bid withdrawal payments. v. Bid Removal and Bid Withdrawal 155. In the *Auction No. 69 Comment Public Notice* , the Commission proposed bid removal and bid withdrawal procedures. With respect to bid withdrawals, the Commission proposed limiting each bidder to withdrawals in no more than two rounds during the course of the auction. The round in which withdrawals are used would be at each bidder's discretion. The Bureau received no comments on this issue. In previous auctions, the Bureau has detected bidder conduct that, arguably, may have constituted anti-competitive behavior through the use of bid withdrawals. While the Bureau continues to recognize the important role that bid withdrawals may play in an auction, *i.e.* , reducing risk associated with efforts to secure various licenses in combination, the Bureau concluded that, for Auction No. 69, adoption of a limit on the use of withdrawals to two rounds per bidder is appropriate and a reasonable compromise that will allow bidders to use withdrawals. The Bureau based its decision on this issue upon experience with bid withdrawals in prior auctions. The Bureau will therefore limit the number of rounds in which bidders may place withdrawals to two rounds. 156. *Procedures.* Before the close of a bidding round, a bidder has the option of removing any bids placed in that round. By using the REMOVE BIDS function in the FCC Auction System, a bidder may effectively unsubmit any bid placed within that round. A bidder removing a bid placed in the same round is not subject to withdrawal payments. Removing a bid will affect a bidder's activity for the round in which it is removed, *i.e.* , a bid that is removed does not count toward bidding activity. These procedures will enhance bidder flexibility during the auction, and therefore the Bureau adopted them for Auction No. 69. 157. Once a round closes, a bidder may no longer remove a bid. However, in later rounds, a bidder may withdraw provisionally winning bids from previous rounds using the WITHDRAW BIDS function in the FCC Auction System (assuming that the bidder has not already withdrawn bids in a previous round). A provisionally winning bidder that withdraws its provisionally winning bid from a previous round during the auction is subject to the bid withdrawal payments specified in 47 CFR 1.2104(g). Once a withdrawal is submitted during a round, that withdrawal cannot be unsubmitted even if the round has not yet ended. 158. The rounds in which a bidder may withdraw its bids will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals during the auction will be subject to the bid withdrawal payments specified in 47 CFR 1.2104(g). Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. 159. If a provisionally winning bid is withdrawn, the minimum acceptable bid amount will equal the amount of the second highest bid received for the license, which may be less than, or in the case of tied bids, equal to, the amount of the withdrawn bid. To set the additional bid amounts, the second highest bid amount also will be used in place of the provisionally winning bid in the formula used to calculate bid increment amounts. The Commission will serve as a place holder provisionally winning bidder on the license until a new bid is submitted on that license. The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. 160. *Calculation of Bid Withdrawal Payment* . Generally, the Commission imposes payments on bidders that withdraw high bids during the course of an auction. If a bidder withdraws its bid and there is no higher bid in the same or subsequent auction(s), the bidder that withdrew its bid is responsible for the difference between its withdrawn bid and the provisionally winning bid in the same or subsequent auction(s). Pursuant to 47 CFR 1.2104(g)(1), the payment will equal the lower of:

(1)The difference between the net withdrawn bid and the subsequent net wining bid, or

(2)the difference between the gross withdrawn bid and the subsequent gross wining bid. 161. In the case of multiple bid withdrawals on a single license, within the same or subsequent auctions(s), the payment for each bid withdrawal will be calculated based on the sequence of bid withdrawals and the amounts withdrawn. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or any of the intervening subsequent withdrawn bids, in either the same or subsequent auctions(s), equals or exceeds that withdrawn bid. Thus, a bidder that withdraws a bid will not be responsible for any withdrawal payments if there is a subsequent higher bid in the same or subsequent auction(s). The Bureau retains the discretion to scrutinize multiple bid withdrawals on a single license for evidence of anti-competitive strategic behavior and take appropriate action when deemed necessary. 162. The payment obligations of a bidder that withdraws a high bid on a license during the course of an auction is specified in 47 CFR 1.2104(g)(1), which also provides for the assessment of interim bid withdrawal payments. In the *Auction No. 69 Comment Public Notice* , the Bureau proposed to establish the percentage at ten percent (10%) for the 1.4 GHz band auction and sought comment on the proposal. The Bureau received no comments on this issue and adopted its proposal. The Commission will assess an interim withdrawal payment equal to 10 percent of the amount of the withdrawn bids. The 10 percent interim payment will be applied toward any final bid withdrawal payment that will be assessed after subsequent auction of the license. vi. Round Results 163. The identities of parties that are qualified to bid in Auction No. 69 will be available before the auction. Thus, bidders will know in advance of this auction the identities of the parties against which they may be bidding in the auction. If information is withheld in accordance with the procedures described in the *Auction No. 69 Procedures Public Notice* , limited information about the results of a round will be made public after the conclusion of the round. Specifically, after a round closes, the Bureau will make available for each license, its current provisionally winning bid amount, the minimum acceptable bid amount for the following round, the amounts of all bids placed on the license during the round, and whether the license is FCC held. The reports will be publicly accessible. Moreover, after the auction, the Bureau will make available complete reports of all bids placed during each round of the auction, including bidder identities. 164. If, however, limited information procedures are not used, more information will be provided after each round in the auction. Bids placed during a round, including bidder identities, will be made public at the conclusion of that round. Specifically, after a round closes, the Bureau will compile reports of all bids placed and which bidders made them, current provisionally winning bids, new minimum acceptable bid amounts, and bidder eligibility status (bidding eligibility and activity rule waivers) and will post the reports for public access. vii. Auction Announcements 165. The Commission will use auction announcements to announce items such as schedule changes and stage transitions. All auction announcements will be available by clicking a link in the FCC Auction System. V. Post-Auction Procedures A. Down Payments 166. After bidding has ended, the Commission will issue a public notice declaring the auction closed and identifying winning bidders, down payments and final payments due. 167. Within ten business days after release of the auction closing notice, each winning bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money on deposit with the Commission for Auction No. 69 to 20 percent of the net amount of its winning bids (gross bids less any applicable small business or very small business bidding credits). B. Final Payments 168. Each winning bidder will be required to submit the balance of the net amount of its winning bids within 10 business days after the deadline for submitting down payments. C. Long-Form Application (FCC Form 601) 169. Within ten business days after release of the auction closing notice, winning bidders must electronically submit a properly completed long-form application (FCC Form 601) for each license won through Auction No. 69. Winning bidders that are small businesses or very small businesses must demonstrate their eligibility for a small business or very small business bidding credit. Further filing instructions will be provided to auction winners at the close of the auction. 170. The *CSEA/Part 1 Report and Order* modifies the procedure by which a consortium that is a winning bidder in Auction No. 69 will apply for a license. In particular,

(a)each member or group of members of a winning consortium seeking separate licenses will be required to file a separate long-form application for its respective license(s) and, in the case of a license to be partitioned or disaggregated, the member or group filing the applicable long-form application shall provide the parties' partitioning or disaggregation agreement in its long-form application;

(b)two or more consortium members seeking to be licensed together shall first form a legal business entity; and

(c)any such entity must meet the applicable eligibility requirements in Commission rules for small business status. Applicants applying as consortia should review the *CSEA/Part 1 Report and Order* in detail and monitor any relevant future proceedings to understand how the members of the consortia will apply for a license in the event they are winning bidders. D. Ownership Disclosure Information Report (FCC Form 602) 171. At the time it submits its long-form application (FCC Form 601), each winning bidder also must comply with the ownership reporting requirements as set forth in 47 CFR 1.913, 1.919 and 1.2112. An ownership disclosure record is automatically created in ULS for any applicant that submits an FCC Form 175. However, winning bidders will be required to review and confirm that it is complete and accurate as of the date of filing Form 601. Further instructions will be provided to auction winning bidders at the close of the auction. E. Tribal Lands Bidding Credit 172. A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 CFR 1.2107 and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. 173. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it files its long-form application (FCC Form 601). When initially filing the long-form application, the winning bidder will be required to advise the Commission whether it intends to seek a tribal lands bidding credit, for each market won in the auction, by checking the designated box(es). After stating its intent to seek a tribal lands bidding credit, the applicant will have 180 days from the close of the long-form filing window to amend its application to select the specific tribal lands to be served and provide the required tribal government certifications. Licensees receiving a tribal lands bidding credit are subject to performance criteria as set forth in 47 CFR 1.2110(f)(3)(vi). 174. For additional information on the tribal lands bidding credit, including how the amount of the credit is calculated, applicants should review the Commission's rule making proceeding regarding tribal lands bidding credits and related public notices. F. Default and Disqualification 175. Any winning bidder that defaults or is disqualified after the close of the auction ( *i.e.* , fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 CFR 1.2104(g)(2). The payments include both a deficiency payment, equal to the difference between the amount of the bidder's bid and the amount of the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulter's bid or of the subsequent winning bid, whichever is less. Pursuant to recent modifications to the rule governing default payments, the percentage of the applicable bid to be assessed as an additional payment for defaults in a particular auction is established in advance of the auction. Accordingly, in the *Auction No. 69 Comment Public Notice* , the Bureau proposed to set the additional default payment for the auction of 1.4 GHz band licenses at ten percent (10%) of the applicable bid. The Bureau sought comment on its proposal. 176. No comments were received on this issue. The Bureau therefore adopted its proposal and set the additional default payment for the auction of 1.4 GHz band licenses at ten percent (10%) of the applicable bid. 177. Finally, the Bureau noted that in the event of a default, the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, the Commission may declare the applicant and its principals ineligible to bid in future auctions, and may take any other action that it deems necessary, including institution of proceedings to revoke any existing licenses held by the applicant. G. Refund of Remaining Upfront Payment Balance 178. All applicants that submit upfront payments but after the close of the auction are not winning bidders for a license in Auction No. 69 may be entitled to a refund of their remaining upfront payment balance after the conclusion of the auction. All refunds will be returned to the payer of record, as identified on the FCC Form 159, unless the payer submits written authorization instructing otherwise. 179. Bidders that drop out of the auction completely may be eligible for a refund of their upfront payments before the close of the auction. Qualified bidders that have exhausted all of their activity rule waivers, have no remaining bidding eligibility, and have not withdrawn a provisionally winning bid during the auction may also be eligible for a refund of their upfront payment before the close of the auction. If an applicant has completed the refund instructions electronically, the refund will be sent automatically. If an applicant has not completed the refund instructions electronically, the applicant must submit a written request for the refund and include wire transfer instructions, Taxpayer Identification Number

(TIN)and FCC Registration Number (FRN). Send refund requests to: Federal Communications Commission, Financial Operations Center, Auctions Accounting Group, Gail Glasser, 445 12th Street, SW., Room 1-C864, Washington, DC 20554. Federal Communications Commission. Gary D. Michaels, Deputy Chief, Auctions and Spectrum Access Division, WTB. [FR Doc. E6-19744 Filed 11-21-06; 8:45 am] BILLING CODE 6712-01-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. chapter 409) 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:* 003121f. *Name:* Aj International, Inc. *Address:* 1300 Midland Avenue—B55, P.O. Box 818, Yonkers, NY 10704. *Date Revoked:* October 27, 2006. *Reason:* Surrendered License Voluntarily. *License Number:* 003635f. *Name:* F. Angel & Associates, Inc. *Address:* 15231 SW 26th Terrace, Miami, FL 33185. *Date Revoked:* November 6, 2006. *Reason:* Failed To Maintain a Valid Bond. Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6-19778 Filed 11-21-06; 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. chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR Part 515. *License Number:* 015708N. *Name:* Blue Moon Express Limited. *Address:* Room 1901, 19/F., C C Wu Bldg., 302-308, Hennessy Rd, Wanchai Hong Kong *Order Published:* FR: 11/01/06 (Volume 71, No. 211, Pg. 64281). Peter J. King, Deputy Director Bureau of Certification and Licensing. [FR Doc. E6-19780 Filed 11-21-06; 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. Chapter 409 and 46 CFR 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: Herbie & Son's Brokers & Shipping Int. Co., 6660 Sunset Strip, Unit #4, Sunrise, FL 33313. Officer: Victor Thomas, President (Qualifying Individual). Aerocosta Global Systems, Inc., 189-33 46 Road 1 FL, Flushing, NY 11358. Officers: Hyun Joon Chung, President (Qualifying Individual). DLR International, Foster Avenue Industrial Park 822 Foster Avenue, Bensenville, IL 60606. Officer: Danna Rozehnal, President (Qualifying Individual). Aqualine International, Inc., 17326 Edwards Road, Suite A207, Cerritos, CA 90703-2465. Officers: Makiko Yamamoto Nomoto, President (Qualifying Individual), Lo Hung Tien, Director. Platinum Ocean Logistics, Inc., 2285 Michael Faraday Drive, Suite 13, San Diego, CA 92154. Officers: Jeffrey Wobbrock, President (Qualifying Individual). Trust Moving, Marketing & Logistics, Inc. dba TMM, Logistics, 3533 NW 58th Street, Miami, FL 33142. Officers: Jose Tarcisio De Oliveira, President (Qualifying Individual), Milton Cursage, Vice President. Sallaum Group SA, 47371 Darkhollow Falls, Sterling, VA 20165. Officers: Ghassan Sakallah, Vice President (Qualifying Individual), Ibrahim Sallaum, President. Global Advantage ALS, 161-18 59 Avenue, Fresh Meadows, NY 11365. Officer: Yichun Xu, President (Qualifying Individual). Lloyds Global Logistics, Inc. dba Lloyds Cargo, 615 N. Street, Suite #303, El Segundo, CA 90245. Officers: Uwe Steuernagel, Treasurer/CFO (Qualifying Individual), Renee Maser, President. IQ Global Logistics Corp, 22580 Glenn Drive, Suite 10, Sterling, VA 20164. Officers: Kirk Michael Weibel, President (Qualifying Individual). Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants: Stonepath Logistics Domestic Services, Inc., 1150 Gateway Drive, Shakopee, MN 55379. Officers: Charles R. Cain, Vice President (Qualifying Individual), Dennis L. Pelino, Chairman. Stonepath Logistics Government Services, Inc., 45070 Old Ox Road, Suite 100, Sterling, VA 20166. Officers: Charles R. Cain, Chief Operating Officer (Qualifying Individual), Robert Arovas, President. RCB Logistics Corp., 67 West Merrick Road, Valley Stream, NY 11580. Officers: Salvatore DiStefano, President (Qualifying Individual), Vincenzo Matranga, Vice President. Global Transportation Management, LLC dba GTM-Global Transportation Management, LLC, 35790 Northline Road, Suite C, Romulus, MI 4817. Officer: Mark Brodie, Managing Member (Qualifying Individual). Midwest Motor Express, Inc. dba MME Global Lines, 314 North 27th Street, Fargo, ND 58102. Officers: Ronald I. Martin, Dir. Of Int'l. Logistics (Qualifying Individual), Martin Kling, President. Trans-Alliance International Forwarding Co., Inc. dba Nova Ocean Line, 310 Cedar Lane, Third Floor, Teaneck, NJ 07666. Officers: Enrique Vera, President (Qualifying Individual), Olga Vera, Secretary. Express Cargo USA LLC, 1675 York Avenue, Suite 31-B, New York, NY 10128. Officer: Ami Steinfeld, President (Qualifying Individual). Intercontinental Forwarding USA, Corp. dba ICF USA, 3671 NW 81 Street, Miami, FL 33147. Officers: Byron Baez, Vice President (Qualifying Individual), Geovanny Coellar N., President Aerostar Global Logistics, Inc., 824 S. Kay Avenue, Addison, IL 60101. Officer: Anthony Flacchino, President (Qualifying Individual). Priority Freight Corp., 377 Oyster Point Blvd., Unit #14, So. San Francisco, CA 94080. Officer: Bernard Liu, President (Qualifying Individual). Damca International, LLC, 9600 NW 25th Street, Suite 6B, Miami, FL 33172. Officers: Nils Ekman, President (Qualifying Individual), Nelson Montilla, Vice President Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants: Denizabel Shipping, Inc., 6903 W. 36 Avenue, Suite No. 2, Hialeah, FL 33018. Officers: Isabel Ramirez, Vice President (Qualifying Individual), Denizabel Ramirez, President. Jumar International Corp., 1890 NW 82nd Avenue, Suite 103, Miami, FL 33126. Officers: Marlen Estevez, Vice President (Qualifying Individual), Juan E. Estevez, President. Toptrans USA Inc., 777 E. Valley Blvd., Apt. #4, Alhambra, CA 91801. Officer: Fu-Chiu

(Fred)Chou, President (Qualifying Individual). Dated: November 17, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-19776 Filed 11-21-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM [Docket No. OP-1269] Federal Reserve Bank Services AGENCY: Board of Governors of the Federal Reserve System. ACTION: Notice. SUMMARY: The Board has approved the private sector adjustment factor

(PSAF)for 2007 of $132.5 million and the 2007 fee schedules for Federal Reserve priced services and electronic access. These actions were taken in accordance with the requirements of the Monetary Control Act of 1980, which requires that, over the long run, fees for Federal Reserve priced services be established on the basis of all direct and indirect costs, including the PSAF. The Board has also approved maintaining the current earnings credit rate on clearing balances. DATES: The new fee schedules and earnings credit rate become effective January 2, 2007. FOR FURTHER INFORMATION CONTACT: For questions regarding the fee schedules: Jack K. Walton II, Associate Director, (202/452-2660); Jeffrey S.H. Yeganeh, Manager, Retail Payments, (202/728-5801); Edwin J. Lucio, Senior Financial Services Analyst, (202/736-5636), Division of Reserve Bank Operations and Payment Systems. For questions regarding the PSAF and earnings credits on clearing balances: Gregory L. Evans, Assistant Director, (202/452-3945); Brenda L. Richards, Manager, Financial Accounting, (202/452-2753); Jonathan Mueller, Senior Financial Analyst, (202/530-6291); or Jonathan Senner, Senior Financial Analyst, (202/452-2042), Division of Reserve Bank Operations and Payment Systems. For users of Telecommunications Device for the Deaf

(TDD)only, please call 202/263-4869. Copies of the 2007 fee schedules for the check service are available from the Board, the Federal Reserve Banks, or the Reserve Banks' financial services Web site at *http://www.frbservices.org.* SUPPLEMENTARY INFORMATION: I. Private Sector Adjustment Factor and Priced Services A. *Background* —Each year, as required by the Monetary Control Act of 1980 (MCA), the Reserve Banks set fees for priced services provided to depository institutions. These fees are set to recover, over the long run, all direct and indirect costs and imputed costs, including financing costs, taxes, and certain other expenses, as well as return on equity (profit) that would have been earned if a private business firm provided the services. The imputed costs and imputed profit are collectively referred to as the PSAF. Similarly, investment income is imputed and netted with related direct costs associated with clearing balances to estimate net income on clearing balances (NICB). From 1996 through 2005, the Reserve Banks recovered 98.4 percent of their total expenses (including special project costs and imputed costs) and targeted after-tax profits or return on equity

(ROE)for providing priced services. 1 1 The ten-year recovery rate is based upon the pro forma income statements for the Federal Reserve Banks' priced services published in the Board's *Annual Report.* B. *Discussion* —Table 1 summarizes 2005, 2006 estimated, and 2007 budgeted cost recovery rates for all priced services. Cost recovery is estimated to be 108.2 percent in 2006, which does not include the effects of FAS 158 discussed below, and budgeted to be 101.5 percent in 2007. The performance of the check service heavily influences the aggregate cost recovery rates because the check service accounts for approximately 80 percent of the total cost of priced services. The electronic services (FedACH SM , the Fedwire® Funds Service and National Settlement Service (NSS), and the Fedwire® Securities Service) account for approximately 20 percent of total costs. 2 2 FedACH and Fedwire are registered servicemarks of the Reserve Banks. On September 29, 2006, the Financial Accounting Standards Board

(FASB)issued a statement that significantly affects the Reserve Banks' priced services pro forma balance sheet as well as cost recovery in 2006 and thereafter. Statement of Financial Accounting Standards No. 158: *Employers’ Accounting for Defined Benefit Pension and Other Postretirement Plans* (FAS 158) requires affected employers to record the actual funded status of their benefit plans on their balance sheets effective December 31, 2006, and any changes to the funded status in subsequent years. FAS 158 does not change the method used to periodically recognize these changes to the funded status of employers' benefit plans in the income statement. Because the Reserve Banks' benefit plans have net unrecognized losses, the existing “shareholders” will incur a loss of value upon the initial adoption of FAS 158, which will be reflected in cost recovery beginning in 2006. 3, 4 3 As used in this context, the term “shareholder” does not refer to the actual member banks of the Federal Reserve System, but rather to the implied shareholders who would have an ownership interest if the Federal Reserve priced services were provided by a private firm. 4 Before FAS 158, generally accepted accounting principles

(GAAP)required employers with pension and other postretirement benefit plans to disclose the funded status of the plans in their financial statement footnotes. These gains or losses that now must be recognized on the balance sheet stem from amendments to benefit plans, changes in actuarial and earnings assumptions, and differences between actuarial assumptions and actual experience. These factors can be highly volatile in any given year and, as a result, recognizing them could cause cost recovery to be significantly above or below 100 percent. To avoid short-run volatility in priced-services fees and their impact on the financial industry, past changes to these unrecognized gains or losses under FAS 158 will not be considered when setting priced-services fees, but they will continue to be factored into the fee setting process to the extent that they are recognized through the systematic approach required by GAAP. Future changes to these unrecognized gains or losses cannot be predicted and, therefore, cannot be considered in 2007 budgeted cost recovery. In light of the recent adoption of FAS 158, the Board will continue to study how incorporating these gains or losses affects its assessment of the Federal Reserve Banks' compliance with MCA's long-run cost recovery requirement. Table 1.—Aggregate Priced Services Pro Forma Cost and Revenue Performance a [$ millions] Year 1 b Revenue 2 c Total expense 3 Net income

(ROE)[1 − 2] 4 d Target ROE 5 e Recovery rate after target ROE [1/(2 + 4)] (percent) 2005 994.7 834.7 160.0 103.0 106.1 2006 (estimate) 1,020.2 871.0 149.2 72.0 108.2 2007 (budget) 980.2 885.0 95.2 80.4 101.5 a Calculations in this table and subsequent pro forma cost and revenue tables may be affected by rounding. b Revenue includes net income on clearing balances (NICB). Clearing balances are assumed to be invested in a broad portfolio of investments, such as Treasury securities, government agency securities, commercial paper, municipal and corporate bonds, and money market and mutual funds. To impute income, a constant spread is determined from the historical average return on this portfolio and applied to the rate used to determine the cost of clearing balances. NICB equals the imputed income from these investments less earnings credits granted to holders of clearing balances. The cost of earnings credits is based on the discounted three-month Treasury bill rate. c The calculation of total expense includes operating, imputed, and other expenses. Imputed and other expenses include taxes, FDIC insurance, Board of Governors’ priced services expenses, the cost of float, and interest on imputed debt, if any. Credits or debits related to the accounting for pensions under FAS 87 are also included. d Target ROE is the after-tax ROE included in the PSAF. e Cost recovery is estimated to be 77.2 percent in 2006, including the estimated loss of $378 million resulting from the implementation of FAS 158. Future changes to these unrecognized items cannot be estimated. Table 2 presents an overview of cost recovery by service line for 2005 through 2007. Table 2.—Priced Services Cost Recovery [percent] Priced service 2005 2006 Budget 2006 Estimate a 2007 Budget b All services 106.1 102.6 108.2 101.5 Check 106.1 102.4 109.1 101.5 FedACH 106.4 101.0 101.1 101.6 Fedwire Funds and NSS 106.7 105.4 109.1 102.3 Fedwire Securities 104.7 105.6 103.7 101.6 a Including the FAS 158 effect, the reported recovery rates are: All services—77.2%, Check—78.0%, FedACH—72.6%, Fedwire Funds and NSS—78.6%, and Fedwire Securities—65.1%. b 2007 budget figures reflect the most recent data from Reserve Banks. The Reserve Banks will transmit final budget data to the Board in November 2006, for Board consideration in December 2006. 1. *2006 Estimated Performance* —The Reserve Banks estimate that they will recover 108.2 percent (77.2 percent including the effects of FAS 158) of the costs of providing priced services, including imputed expenses and targeted ROE, compared with a budgeted recovery rate of 102.6 percent, as shown in table 2. The Reserve Banks estimate that they will exceed $1 billion in revenue for the first time and that all services will achieve full cost recovery, excluding the effects of FAS 158. The Reserve Banks estimate that they will fully recover actual and imputed expenses and earn net income of $149.2 million compared with the target of $72.0 million. The greater-than-expected net income is largely driven by the performance of the check service, which had greater-than-expected Check 21 and paper return volumes, as well as greater-than-expected net income on clearing balances. Other than the effects of FAS 158, greater-than-expected Check 21 volume has been the single most significant factor influencing priced services cost recovery as additional fee revenue has exceeded the costs of processing the unexpected volumes. The Reserve Banks have also continued their efforts to downsize their paper check-processing infrastructure as paper check volumes continue to decline nationwide. The Reserve Banks have already reduced the number of sites at which they process checks from forty-five in 2003 to twenty-two in 2006 and will discontinue processing checks at four other offices by early 2008. These check restructuring efforts have enabled the Reserve Banks to return to full cost recovery by reducing costs in line with the decline in revenues associated with paper check processing. 2. *2007 Private Sector Adjustment Factor* —The 2007 PSAF for Federal Reserve priced services is $132.5 million. This amount represents an increase of $14.8 million from the 2006 PSAF of $117.7 million. This increase is primarily due to an increase in the cost of equity. 5 5 The cost of equity increased due to an increase in the ROE, which is slightly offset by a reduction in imputed equity. 3. *2007 Projected Performance* —The Reserve Banks project a priced services cost recovery rate of 101.5 percent. The 2007 fees for priced services are projected to result in a net income of $95.2 million compared with the $80.4 million required to achieve full cost recovery. The major risks to the Reserve Banks' ability to achieve their budget targets are a greater decline in the Reserve Banks' paper check volume than the projected 24.0 percent, unanticipated problems with technological upgrades that could result in significant cost overruns, and lower-than-expected electronic payments volumes due to competition. In light of these risks, the Reserve Banks will continue to refine their business and operational strategies to improve efficiency and reduce excess capacity and other costs. These efforts should position the Reserve Banks to achieve their financial and other payment system objectives and statutory requirements over the long run. 4. *2007 Pricing* —The following summarizes the changes in the Reserve Banks' fee schedules for priced services in 2007: Check • The Reserve Banks will raise paper check fees for forward collection check products 5.0 percent, return check products 9.6 percent, and payor bank check products 8.1 percent. • The Reserve Banks will decrease Check 21 fees for FedForward products delivered to electronic endpoints 12.5 percent but to increase Check 21 fees for FedForward products delivered to substitute-check endpoints 3.1 percent. The Reserve Banks also will offer a restructured deposit discount of $0.003 for each check presented through FedReceipt products. FedReturn fees will remain unchanged. • With the 2007 fee changes, the price index for the check service will have increased 57 percent since 1997. FedACH • The Reserve Banks will increase the monthly subscription fee for the Informational Extract File from $10 to $20. • With the 2007 fee change, the price index for the FedACH service will have decreased 65 percent since 1997. Fedwire Funds and National Settlement Services • The Reserve Banks will raise the surcharge for offline funds transfers from $20 to $30 and to decrease the online transfer fee by one cent in all pricing tiers. • With the 2007 fee changes, the price index for the Fedwire Funds and National Settlement Services will have decreased 55 percent since 1997. Fedwire Securities Service • The Reserve Banks will increase the online transfer fee by two cents, the monthly maintenance fee from $15 to $16, and the surcharge for offline securities transfers from $50 to $60. • With the 2007 fee changes, the price index for the Fedwire Securities Service will have decreased 46 percent since 1997. 5. *2007 Price Index* —Figure 1 compares indexes of fees for the Reserve Banks' priced services with the GDP price index. The price index for all Reserve Bank priced services is projected to increase 1.0 percent in 2007, compared with the 2.3 percent growth anticipated in 2006. The price index for paper check and electronic payment services in 2007 are projected to increase 6.0 percent and 0.1 percent, respectively. Based on 2006 data available to date, the price index for all priced services is expected to increase an estimated 20.3 percent from 1997 to 2006, compared with an estimated 22.0 percent growth in the GDP price index over the same period. 6 6 In the first half of 2006, the GDP price index grew at an annualized rate of 3.3 percent. BILLING CODE 6210-01-P FIGURE 1 PRICE INDEXES FOR FEDERAL RESERVE PRICED SERVICES EN22NO06.013 C. *Private Sector Adjustment Factor* —The method for calculating the financing and equity costs in the PSAF requires determining the appropriate levels of debt and equity to impute and then applying the applicable financing rates. In this process, a pro forma priced services balance sheet using estimated Reserve Bank assets and liabilities associated with priced services is developed, and the remaining elements that would exist if the Reserve Banks' priced services were provided by a private business firm are imputed. The same generally accepted accounting principles that apply to commercial entity financial statements also apply to the relevant elements in the priced services pro forma financial statements. The amount of the Reserve Banks' assets that will be used to provide priced services during the coming year is determined using Reserve Bank information on actual assets and projected disposals and acquisitions. The priced portion of assets is determined based on the allocation of the related depreciation expense. The priced portion of actual Reserve Bank liabilities consists of balances held by Reserve Banks for clearing priced-services transactions (clearing balances), and other liabilities such as accounts payable and accrued expenses. Long-term debt is imputed only when core clearing balances and long-term liabilities are not sufficient to fund long-term assets or if the interest rate risk sensitivity analysis, which measures the interest rate effect of the difference between interest rate sensitive assets and liabilities, indicates that a 200 basis point change in interest rates would change cost recovery more than two percentage points. 7 Short-term debt is imputed only when short-term liabilities and clearing balances not used to finance long-term assets are insufficient to fund short-term assets. Equity is imputed to meet the FDIC definition of a well-capitalized depository institution for insurance premium purposes and represents the market capitalization, or shareholder value, for priced services. 8 9 7 A portion of clearing balances is used as a funding source for priced-services assets. Long-term assets are partially funded from core clearing balances, which are currently $4 billion. Core clearing balances are considered the portion of the balances that has remained stable over time without regard to the magnitude of actual clearing balances. 8 As mentioned in footnote 3, the term “shareholder” does not refer to the actual member banks of the Federal Reserve System, but rather to the implied shareholders who would have an ownership interest if the Federal Reserve priced services were provided by a private firm. 9 The FDIC requirements for a well-capitalized depository institution are

(1)a ratio of total capital to risk-weighted assets of 10 percent or greater; and

(2)a ratio of Tier 1 capital to risk-weighted assets of 6 percent or greater; and

(3)a leverage ratio of Tier 1 capital to total assets of 5 percent or greater. The Federal Reserve priced services balance sheet has no components of Tier 1 or total capital other than equity; therefore, requirements 1 and 2 are essentially the same measurement. 1. *Financing rates* —Equity financing rates are based on the target return on equity

(ROE)result of the capital asset pricing model (CAPM). In the CAPM, the required rate of return on a firm's equity is equal to the return on a risk-free asset plus a risk premium. To implement CAPM, the risk-free rate is based on the three-month Treasury bill, the beta is assumed to be equal to 1.0, which approximates the risk of the market as a whole, and the monthly returns in excess of the risk-free rate over the most recent 40 years are used as the market risk premium. The resulting ROE influences the dollar level of the PSAF because this is the return a shareholder would expect in order to invest in a private business firm. For simplicity, given that federal corporate income tax rates are graduated, state income tax rates vary, and various credits and deductions can apply, a specific income tax expense is not calculated for Reserve Bank priced services. Instead, the Board targets a pre-tax ROE that would provide sufficient income to fulfill its income tax obligations. 10 To the extent that the actual performance results are greater or less than the targeted ROE, income taxes are adjusted using an imputed income tax rate. Because the Reserve Banks provide similar services through their correspondent banking activities, including payment and settlement services, and equity is imputed to meet the FDIC requirements of a well-capitalized depository institution, the imputed income tax rate is the median of the rates paid by the top fifty bank holding companies

(BHCs)based on deposit balance over the past five years adjusted to the extent that they invested in tax-free municipal bonds. 10 Other taxes, such as sales taxes, are included in priced-services actual or imputed costs. 2. *Other Costs* —The PSAF also includes the estimated priced services-related expenses of the Board of Governors and imputed sales taxes based on Reserve Bank estimated expenditures. An assessment for FDIC insurance, when required, is imputed based on current FDIC rates and projected clearing balances held with the Federal Reserve. 3. *Net Income on Clearing Balances* —The NICB calculation is made each year along with the PSAF calculation and is based on the assumption that Reserve Banks invest clearing balances net of imputed reserve requirements and balances used to finance priced-services assets. Using these net clearing balance levels, Reserve Banks impute a constant spread, determined by the return on a portfolio of investments, over the three-month Treasury bill rate. 11 12 The calculation also involves determining the priced-services cost of earnings credits (amounts available to offset service fees) on contracted clearing balances held, net of expired earnings credits, based on a discounted Treasury bill rate. Rates and clearing balance levels used in the NICB estimate are based on the most-recent rates and clearing balance levels. 13 Because clearing balances are held for clearing priced-services transactions or offsetting priced-services fees, they are directly related to priced services. The net earnings or expense attributed to the investments and the cost associated with holding clearing balances, therefore, are considered net income for priced services activities. 11 The investment portfolio is composed of investments comparable to a BHC's investment holdings, such as short-term Treasury securities, government agency securities, commercial paper, long-term corporate bonds, and money market funds. See table 7 for the investments imputed in 2007. 12 NICB is projected to be $139.6 million for 2007 using a constant spread of 29 basis points over the three-month Treasury bill, and applying this rate to the clearing balance levels used in the 2007 pricing process. The 2006 NICB estimate is $113.2 million. 13 July 2006 rates and balances were used to estimate the 2007 NICB. 4. *Adopting FAS 158* —On September 29, 2006, FASB issued FAS 158: *Employers” Accounting for Defined Benefit Pension and Other Postretirement Plans* . This statement, effective for fiscal years ending after December 15, 2006, requires affected employers to show the actual funded status of their benefit plans by recognizing the deferred elements related to pension and postretirement accounting as adjustments to the related assets or liabilities on their balance sheets. These deferred elements include unrecognized gains or losses (resulting from changes in actuarial assumptions, such as the discount rate, and differences between these assumptions and actual experience) and prior service costs or credits (resulting from amendments to existing benefit plans). 14 FAS 158 does not change the method used to periodically recognize these deferred elements in the income statement. 14 Previously, GAAP required employers with pension and other postretirement benefit plans to disclose these deferred elements in their financial statement footnotes. Because the Reserve Banks offer employees defined benefit pension and other postretirement benefits, the adoption of FAS 158 will affect the Reserve Banks' 2006 balance sheets and financial statement disclosures. Given that these benefits are provided to employees involved in priced services, the effects of the new accounting standard must also be included in the pro forma priced services balance sheet. 15 The current estimate is net unrecognized losses for the December 31, 2006, deferred elements. 15 The costs associated with pension and postretirement benefits as recognized under GAAP have always been allocated to the priced services income statement as direct or indirect expense items. To reflect the funded status of the Reserve Banks' benefit plans on the 2006 pro forma priced services balance sheet as required by FAS 158, the Reserve Banks will record a reduction in the prepaid pension asset. 16 The offset to the asset reduction will be twofold: The amount by which the pension asset is reduced, net-of-tax, will be reported as a negative component of equity called accumulated other comprehensive income (AOCI), while the remainder will be reported as a deferred tax asset. 17 Similarly, the full unfunded status of the postretirement benefits liability must be recognized by increasing the liability on the priced services pro forma balance sheet, with the offsetting net-of-tax portion of this entry reflected in AOCI and the balance assigned to the deferred tax asset. 18 Because priced-services equity is imputed at the minimum level necessary to meet the FDIC definition of a well-capitalized depository institution, any direct reduction to equity through AOCI as a result of FAS 158 will require the Reserve Banks to impute additional equity. 19, 20 16 Although recognizing the deferred elements will result in a decrease to the pension asset and equity in 2006, the Reserve Banks could have increases or decreases to these balance sheet items in future years. 17 Other financial accounting standards require that future tax consequences of events be recognized in an entity's financial statements. FAS 158 requires employers to compute the AOCI adjustment net-of-tax. 18 Although recognizing the deferred elements would result in an increase to the benefits liability and decrease to equity in 2006, the Reserve Banks could have increases or decreases to these balance sheet items in future years. 19 Under current reporting requirements, FAS 158 adjustments to equity via AOCI would be included in the calculation of Tier 1 capital for regulatory purposes, thus reducing priced-services equity to below the well-capitalized threshold. 20 The Federal Reserve priced services could elect to restore equity to an adequate, but less than well-capitalized, level and incur the resulting FDIC assessment. It is unclear whether a private firm with a similar balance sheet would actually raise additional equity to offset the FAS 158 balance sheet changes. Because most BHCs hold capital balances in excess of the minimum level to be considered well-capitalized, and because their pension assets and liabilities represent a comparatively small share of total equity, they may be able to absorb the FAS 158 adjustments and still maintain adequate regulatory capital levels. For the purpose of measuring priced-services cost of equity, the Reserve Banks assume that existing shareholders will sustain an economic loss of value as a result of implementing the FAS 158 accounting changes. 21 This assumption implies that these shareholders will expect a return on only the remaining portion of their investment (original investment amount less AOCI reduction) and that the new equity investors will expect a similar return on their investment. This will leave the cost of equity, and overall PSAF, virtually unchanged from what it was before the application of FAS 158, because the existing shareholder investment that was eliminated by the AOCI reduction will be replaced by the new equity required to replenish total equity to 5 percent of total assets and remain well-capitalized according to FDIC guidelines. NICB will increase, however, because this new equity will be available for investment. 21 The value of equity reported in the pro forma priced services balance sheet is assumed to equal the market value of equity. Because priced-services fees are set to maintain this implied shareholder value (that is, not to substantially over or underrecover), the targeted ROE equals the market return these shareholders would expect priced services to earn, or recover, each year. Because the Reserve Bank benefit plans have net unrecognized losses, the Reserve Bank priced services will recognize this reduction in value in cost recovery for 2006. The Reserve Bank priced services assume that existing shareholders incur these losses upon the initial implementation of FAS 158, with the losses flowing to the shareholders rather than to the firm itself. Prices for 2007 and thereafter, however, will be set to achieve full cost recovery over the long run before the annual FAS 158 adjustments, with a measure of cost-recovery performance provided for each year that includes the FAS 158 adjustment. This approach will limit the increased year-to-year price volatility that would result from including annual FAS 158 adjustments in the setting of priced-services fees. It is also consistent with the FASB's systematic approach of deferring recognition of prior service costs or credits and actuarial gains or losses to reduce the inherent volatility of these deferred items on current expense. Including the annual FAS 158 adjustment in a measurement of priced services cost recovery, however, could produce highly variable actual cost recovery results from year-to-year that exceed or fall short of 100 percent. One component of the annual FAS 158 entry is unrecognized prior service cost, which arises from certain amendments to existing benefit plans and is amortized according to GAAP over a specific period (usually twelve to fifteen years). This factor will have a negligible effect on reported long-run cost recovery because the initial recognition of prior service cost (a negative adjustment to cost recovery) should eventually be offset by positive adjustments to cost recovery as this cost is amortized over time and incorporated into the price-setting process. The other component of the annual FAS 158 entry, unrecognized gains or losses, results from changes in actuarial assumptions (discount rates, return on plan assets, demographic changes, and so on) and differences between these assumptions and actual experience. These actuarial gains or losses could be highly volatile and may or may not offset each other for as long as the Federal Reserve continues to offer pension and postretirement benefits. For this reason, GAAP does not require the recognition of these gains or losses until they exceed a corridor of 10 percent of the greater of the benefit obligations or assets. In addition, because these factors and the resulting year-to-year changes in the associated assets and liabilities are not measured until after year-end and cannot be estimated for pricing purposes, long-run cost recovery could be greater or less than 100 percent depending on the amount of the actuarial gains or losses that are recognized each year. 5. *Analysis of the 2007 PSAF* —The increase in the 2007 PSAF is primarily due to an increase in the required ROE result provided by the CAPM, which offsets an overall reduction in imputed equity. a. *Asset Base* —The estimated 2007 Federal Reserve assets, reflected in table 3, have decreased $1,303.0 million. There is a decline in imputed investments in marketable securities of $1,118.1 million and in imputed reserve requirements of $163.5 million, which are imputed based on the estimated level of clearing balances held, and in the prepaid pension asset of $446.9 million as a result of the FAS 158 accounting changes. These declines are slightly offset by an increase in items in process of collection of $262.2 million, due to higher estimated float receivables, and in the deferred tax asset associated with implementing FAS 158 of $159.3 million. As shown in table 4, the assets financed through the PSAF have decreased. Short-term assets funded with short-term payables and clearing balances total $10.2 million. This represents an $18.2 million decrease from the short-term assets funded in 2006 due to an increase in expected short-term payables. Long-term liabilities and equity are greater than long-term assets; therefore, no core clearing balances are used to fund long-term assets. b. *Debt and Equity Costs and Taxes* —As previously mentioned, core clearing balances are available as a funding source for priced-services assets. Table 4 shows that $10.2 million in clearing balances is used to fund priced-services assets in 2007. The interest rate sensitivity analysis in table 5 indicates that a 200 basis point decrease in interest rates affects the ratio of rate-sensitive assets to rate-sensitive liabilities and produces a decrease in cost recovery of 1.4 percentage points, while an increase of 200 basis points in interest rates increases cost recovery by 1.5 percentage points. The established threshold for a change in cost recovery is two percentage points; therefore, interest rate risk associated with using these balances is within acceptable levels and no long-term debt is imputed. Table 6 shows the imputed PSAF elements, the pretax ROE, and other required PSAF costs for 2006 and 2007. The increase in ROE is primarily caused by an increase in the risk-free rate of return. Sales taxes increased from $7.7 million in 2006 to $8.5 million in 2007. The effective income tax rate used in 2007 increased to 31.5 percent from 29.8 percent in 2006. The priced-services portion of the Board's expenses decreased $0.8 million from $7.5 million in 2006 to $6.7 million in 2007. c. *Capital Adequacy and FDIC Assessment* —As shown in table 3, the amount of equity imputed for the 2007 PSAF is $742.9 million, a decrease of $65.1 million versus the imputed equity for 2006. This includes additional imputed equity of $361.0 million to offset the FAS 158 reduction to AOCI. In 2007, the capital to total assets ratio and the capital to risk-weighted assets ratio both meet or exceed regulatory guidelines as required by the FDIC definition of a well-capitalized depository institution for insurance premium purposes. Equity is based on 5 percent of total assets, and capital to risk-weighted assets is 15.0 percent. Based on the final regulations recently adopted by the FDIC, the Reserve Bank priced services estimate a one-time assessment credit of $16.6 million. Because the estimated assessment for 2007 does not exceed the one-time assessment credit, no net FDIC assessment is imputed for 2007. EN22NO06.014 EN22NO06.015 EN22NO06.016 EN22NO06.017 EN22NO06.018 D. *Earnings Credits on Clearing Balances* —The Board has approved maintaining the current rate of 80 percent of the three-month Treasury bill rate to calculate earnings credits on clearing balances. 39 The Reserve Banks will continue to calculate earnings credits (amounts available to offset service fees) for the marginal reserve requirement adjusted portion of clearing balances at the federal funds rate. 40 39 Two adjustments are applied to the earnings credit rate so that the return on clearing balances at the Federal Reserve is comparable to what the depository institution

(DI)would have earned had it maintained the same balances at a private-sector correspondent. The “imputed reserve requirement” adjustment is made because a private-sector correspondent would be required to hold reserves against the respondent's balance with it. As a result, the correspondent would reduce the balance on which it would base earnings credits for the respondent because it would be required to hold a portion, determined by its marginal reserve ratio, in the form of non-interest-bearing reserves. For example, if a DI held $1 million in clearing balances with a correspondent bank and the correspondent had a marginal reserve ratio of 10 percent, then the correspondent bank would be required to hold $100,000 in reserves, and it would typically grant credits to the respondent based on 90 percent of the balance, or $900,000. This adjustment imputes a marginal reserve ratio of 10 percent to the Reserve Banks. The “marginal reserve requirement” adjustment accounts for the fact that the respondent can deduct balances maintained at a correspondent, but not the Federal Reserve, from its reservable liabilities. This reduction has value to the respondent when it frees up balances that can be invested in interest-bearing instruments, such as federal funds. For example, a respondent placing $1 million with a correspondent rather than the Federal Reserve would free up $30,000 if its marginal reserve ratio were 3 percent. The formula used by the Reserve Banks to calculate earnings credits can be expressed as e = [ b * (1−FRR) * r] + [ b *

(MRR)* f] Where e is total earnings credits, b is the average clearing balance maintained, FRR is the assumed Reserve Bank marginal reserve ratio (10 percent), r is the earnings credit rate, MRR is the marginal reserve ratio of the DI holding the balance (either 0 percent, 3 percent, or 10 percent), and f is the average federal funds rate. A DI that meets its reserve requirement entirely with vault cash is assigned a marginal reserve requirement of zero. 40 This calculation adjusts earnings credits as though account holders could adjust their reserve requirement for a “due from deduction” for clearing balances held with a Reserve Bank. Clearing balances were introduced in 1981, as a part of the Board's implementation of the Monetary Control Act, to facilitate access to Federal Reserve priced services by institutions that did not have sufficient reserve balances to support the settlement of their payment transactions. The earnings credit calculation uses a percentage discount on a rolling thirteen-week average of the annualized coupon equivalent yield of three-month Treasury bills in the secondary market. Earnings credits, which are calculated monthly, can be used only to offset charges for priced services and expire if not used within one year. 41 41 A band is established around the contracted clearing balance to determine the maximum balance on which credits are earned as well as any deficiency charges. The clearing balance allowance is 2 percent of the contracted amount, or $25,000, whichever is greater. Earnings credits are based on the period-average balance maintained up to a maximum of the contracted amount plus the clearing balance allowance. Deficiency charges apply when the average balance falls below the contracted amount less the allowance, although credits are still earned on the average maintained balance. E. *Check Service* —Table 8 below shows the 2005, 2006 estimate, and 2007 budgeted cost recovery performance for the commercial check service. Table 8.—Check Pro Forma Cost and Revenue Performance [$ millions] Year 1 Revenue 2 Total expense 3 Net income

(ROE)[1−2] 4 Target ROE 5 Recovery rate after target ROE [1/(2 + 4)] (Percent) 2005 817.5 688.7 128.7 82.0 106.1 2006 (estimate) 837.4 710.8 126.6 57.1 a 109.1 2007 (budget) 784.3 709.9 74.4 63.2 101.5 a Including FAS 158, the estimated cost recovery for the check service is 78.0%. 1. *2006 Estimate* —For 2006, the Reserve Banks estimate that the check service will recover 109.1 percent of total expenses and targeted ROE, compared with the budgeted recovery rate of 102.4 percent. The Reserve Banks expect to recover all actual and imputed expenses of providing check services and earn net income of $126.6 million (see table 8). The higher-than-budgeted cost recovery is the result of revenue that was $103.0 million higher than expected, which was partially offset by expenses that were $50.7 million greater than budgeted. The higher revenue is due to greater-than-budgeted electronic check collection and paper check return volumes, as well as greater-than-expected NICB. The higher costs were largely due to greater-than-budgeted personnel and materials costs related to Check 21 substitute check printing, pension costs, and imputed taxes. The greater-than-expected electronic check volume can be attributed to faster-than-anticipated adoption of Check 21 products. The number of checks deposited and presented electronically has grown steadily in 2006 (see table 9). Year-to-date through August 2006, 10.3 percent of the Reserve Banks” volume was deposited and 2.2 percent was presented using Check 21 products. 42 Depository institutions have been slower to accept check presentments electronically because financial incentives are generally stronger for electronic check deposit and because integrating electronic presentments into back-office processing and risk-management systems can be a complex and expensive undertaking. 42 The Reserve Banks also offer non-Check 21 electronic presentment products. In August 2006, 26.0 percent of the Reserve Banks' deposit volume was presented to paying banks using these products. The majority of checks presented through non-Check 21 electronic presentment products are delivered to the paying banks. Year-to-date figures, however, understate the current penetration rate of Check 21 products, as volume has increased throughout 2006. In August 2006, the Check 21 deposit penetration rate rose to 16.6 percent. This volume represents 42 percent of the value of checks collected through the Reserve Banks because many depository institutions are using Check 21 products to collect their higher value checks more rapidly. Recent trends, however, indicate that the average value of checks deposited using Check 21 products will decline because an increasing number of depository institutions are choosing to clear all of their checks using these products. 43 The Reserve Banks’ Check 21 product suite includes FedForward, FedReturn, and FedReceipt. FedForward is the electronic alternative to forward check collection; FedReturn is the electronic alternative to paper check return; and FedReceipt products are electronic receipt of Check 21 items. Under FedReceipt, the Reserve Banks electronically present only the checks that were deposited electronically or that were deposited in paper form and converted into electronics by the Reserve Banks. Under FedReceipt Plus, the Reserve Banks electronically present all checks drawn on the customer. Table 9.—Check 21 Product Penetration Rates 43 [Percent] a 2005 August 2006 year-to-date August 2006 actual Deposit 1.9 10.3 16.6 FedForward 1.6 9.4 15.5 Paper to Check 21 0.3 0.9 1.0 Presentment 0.0 2.2 4.8 FedReceipt 0.0 0.1 0.1 FedReceipt Plus 0.0 2.1 4.7 Return: FedReturn 3.7 14.5 21.4 a Deposit and presentment statistics are calculated as a percentage of total forward collection volume. Return statistics are calculated as a percentage of total return volume. For full-year 2006, the Reserve Banks estimate that paper forward-collection volume will decline 17.1 percent compared with a budgeted decline of 14.0 percent as more volume is deposited electronically (see table 10). Through August, paper forward-collection volume has decreased 16.6 percent compared with the same period in 2005. Through August, paper return check volume has decreased 17.5 percent from the same period in 2005. The Reserve Banks estimate that paper return volume will decline 21.2 percent for the full year compared with a budgeted decline of 31.7 percent. Table 10.—Paper Check Product Volume Changes [Percent] Budgeted 2006 change Actual change through August 2006 Estimated 2006 change Total forward collection −14.0 −16.6 −17.1 Returns −31.7 −17.5 −21.2 2. *2007 Pricing* —In 2007, the Reserve Banks project that the check service will recover 101.5 of total expenses and targeted ROE. Revenue is projected to be $784.3 million, a decline of 6.2 percent compared with the 2006 estimate. This decline is driven by a $121.7 million drop in paper check fee revenue that is partially offset by a $52.7 million increase in Check 21 fee revenue. Total expenses for the check service are projected to be $709.9 million, representing a $0.9 million decline. Increases in the pension costs and one-time expenses associated with the Check 21 initiative and the consolidation of check-processing offices will be offset by ongoing cost savings associated with projected declines in paper-check volume and efficiency improvements at restructuring sites. These cost reductions should enable the Reserve Banks to maintain full cost recovery. A key driver in the reduction of local check costs is the planned restructuring of four more check-processing sites by the second quarter of 2008. 44 44 In February 2003, the Reserve Banks announced an initiative to reduce the number of sites at which they process checks from forty-five to thirty-two. The Reserve Banks announced further rounds of restructurings in August 2004, May 2005, and May 2006. By the end of these announced restructurings in early 2008, the Reserve Banks will have eighteen check processing sites. The Reserve Banks project that paper-check volume for forward products will decrease 24.0 percent, volume for return products will decrease 21.3 percent, and volume for payor bank products will decrease 5.5 percent. These expected volume declines will be partially offset by a projected increase in Check 21 volumes (see table 11). The Reserve Banks project that FedForward volume will increase 97.1 percent, FedReturn volume will increase 112.3 percent and FedReceipt Plus volume will increase 342.8 percent. The Reserve Banks’ projected increase in Check 21 volume will result in a 49.5 percent increase in Check 21 product revenue to about $159 million. Board and Reserve Bank staff believe that the key to realizing Check 21 cost efficiencies for the System continues to be the widespread acceptance of electronic check presentments by paying banks. Table 11.—Check 21 Volume 2007 Budgeted volume (millions of items) Growth from 2006 estimate (percent) FedForward 2,636.4 97.1 FedReturn 44.7 112.3 FedReceipt Plus 1,686.8 342.8 In 2007, the Reserve Banks will continue to encourage the adoption of electronic check collection and presentment alternatives through price increases to paper-check products and price reductions for strategic electronic products. The price increases for paper products generally are distributed across most product categories, with generally higher price increases for nonstrategic product lines. The Reserve Banks also will continue to narrow the price ranges for similar products across the System. In addition, the Reserve Banks will offer depository institutions greater incentives to deposit and accept checks electronically. As the use of Check 21-related products increases, the prices of paper products may be raised further to encourage adoption of electronic check collection and presentment alternatives. For 2007, the Reserve Banks are targeting an overall price increase for paper-check services of 6.0 percent, including a 5.0 percent increase in forward-check collection fees and a 9.6 percent increase in return-services fees (see table 12). In addition, prices for payor bank services will increase 8.1 percent. To encourage further the adoption of electronic presentment, the Reserve Banks will decrease 12.5 percent the price for Check 21 items that are presented electronically, and increase 3.1 percent the price for Check 21 items that are presented as substitute checks. In addition, the Reserve Banks will offer a $0.003 discount per check presented through FedReceipt products to further encourage their adoption. This discount will be applied to fees for checks deposited with the Reserve Banks. Table 12.—2007 Fee Changes [Percent] Product Fee change Paper check 6.0 Forward collection 5.0 Returns 9.6 Payor bank services 8.1 Check 21: FedForward (electronic endpoints) −12.5 FedForward (substitute check endpoints) 3.1 FedReturn 0.0 FedReceipt products a −$0.003 a FedReceipt customers will receive a $0.003 discount per check presented. The discount can be used to offset fees for checks they deposit with the Reserve Banks. The primary risks to meeting the Reserve Banks’ budgeted 2007 cost recovery are higher-than-expected declines in paper check volume and slower-than-expected adoption by paying banks of FedReceipt products, as the manual processes associated with printing substitute checks and preventing duplicate checks from entering the processing environment will exert upward pressure on staffing levels and costs. Competitive pressure from direct electronic exchanges also poses a risk to the Reserve Banks’ projected cost recovery. Other risks include unanticipated problems with check office restructurings or other major initiatives that may result in significant cost overruns. F. *FedACH Service* —Table 13 below shows the 2005, 2006 estimate, and 2007 budgeted cost recovery performance for the commercial FedACH service. Table 13.—FedACH Pro Forma Cost and Revenue Performance [$ Millions] Year 1 Revenue 2 Total expense 3 Net income

(ROE)[1 − 2] 4 Target ROE 5 Recovery rate after target ROE [1/(2 + 4)] (percent) 2005 87.4 72.2 15.2 10.0 106.4 2006 (estimate) 89.7 81.2 8.5 7.5 a 101.1 2007 (budget) 99.9 89.5 10.4 8.8 101.6 a Including FAS 158, the estimated cost recovery for the FedACH service is 72.6%. 1. *2006 Estimate* —The Reserve Banks estimate that the FedACH service will recover 101.1 percent of total expenses and targeted ROE, compared with the budgeted recovery rate of 101.6 percent. The Reserve Banks expect to recover all actual and imputed expenses of providing FedACH services and earn net income of $8.5 million. Through August, FedACH commercial origination volume is 11.9 percent higher than the same period last year. For full-year 2006, the Reserve Banks estimate that FedACH originations will grow 12.4 percent, compared with the budgeted growth of 7.6 percent, because of greater-than-expected volume from Electronic Payments Network (EPN), the other ACH operator. 2. *2007 Pricing* —The Reserve Banks will maintain processing and service fees at current levels with one exception. The monthly subscription fee for the Information Extract File will increase from $10 to $20. 45 Pricing for this service has remained at $10 since its inception in 1998, and the higher price more accurately reflects the value of the file to the receiving depository institution. 45 The Information Extract File provides depository institutions with a file containing financial electronic data interchange information if their service providers cannot process and translate such information. The Reserve Banks project that the FedACH service will recover 101.6 percent of total expenses and targeted ROE in 2007. Total revenue is budgeted to increase $10.2 million from the 2006 estimate. Nationwide ACH volumes are expected to continue growing at double digit rates. This expected growth is largely attributable to volume increases associated with electronic check conversion applications—including checks converted at lockboxes or at the point of purchase. In early 2007, ACH rule changes will permit checks to be converted in processing centers or back offices, spurring further growth in ACH check conversion volume. The Reserve Banks expect FedACH commercial origination volume to grow by 12.0 percent. The primary risk to meeting the Reserve Banks’ budgeted 2007 cost recovery is the loss of large ACH originators to EPN. Total expenses are budgeted to increase $8.3 million over the 2006 estimate. The Reserve Banks have budgeted increased costs for product development and service initiatives, such as FedACH risk management services. G. *Fedwire Funds and National Settlement Services* —Table 14 below shows the 2005, 2006 estimate, and 2007 budgeted cost recovery performance for the Fedwire Funds and National Settlement Services. Table 14.—Fedwire Funds and National Settlement Services Pro Forma Cost and Revenue Performance [$ Millions] Year 1 Revenue 2 Total expense 3 Net income

(ROE)[1 − 2] 4 Target ROE 5 Recovery rate after target ROE [1/(2 + 4)] (percent) 2005 67.3 55.2 12.1 7.9 106.7 2006 (estimate) 71.3 59.7 11.6 5.6 a 109.1 2007 (budget) 72.7 64.7 8.0 6.3 102.3 a Including FAS 158, the estimated cost recovery for the Fedwire Funds and National Settlement Services is 78.6%. 1. *2006 Estimate* —The Reserve Banks estimate that the Fedwire Funds and National Settlement Services will recover 109.1 percent of total expenses and targeted ROE, compared with a 2006 budgeted recovery rate of 105.4 percent. The greater-than-expected recovery rate is primarily attributed to higher-than-expected electronic connection revenue and NICB, which offsets slightly lower-than-expected fee revenue, as well as lower-than-budgeted operating costs. Through August 2006, online funds volume was 1.2 percent higher than it was for the same period last year. For full-year 2006, the Reserve Banks estimate that online funds volume will remain flat, compared with a budgeted growth of 3.0 percent, as they lose market share to CHIPS, their primary competitor. With respect to the National Settlement Service, the Reserve Banks estimate that the volume of settlement entries processed during 2006 will be 4.3 percent higher than the 2006 budget projection of flat growth. 2. *2007 Pricing* —The Reserve Banks will decrease the online transfer fee by one cent in all pricing tiers and to raise the surcharge for offline transfers from $20 to $30. The one cent price reduction for online transfers should mitigate potential volume losses to CHIPS while the offline surcharge increase is intended to provide incentives for offline customers to migrate to online access. In 2007, the Reserve Banks expect the Fedwire Funds and National Settlement Services to recover 102.3 percent of total expenses and targeted ROE. The Reserve Banks project 2007 total revenue to increase $1.4 million compared with the 2006 estimate. Total expenses for 2007 are budgeted to increase $5.0 million from the 2006 estimate primarily because of security and technology investments, including the cost of network modernization and enhancements to resiliency. Online volumes for 2007 are budgeted to remain flat compared with 2006 estimates. H. *Fedwire Securities Service* —Table 15 shows the 2005, 2006 estimate, and 2007 budgeted cost recovery performance for the Fedwire Securities Service. 46 46 The Reserve Banks provide transfer services for securities issued by the U.S. Treasury, federal government agencies, government-sponsored enterprises, and certain international institutions. The priced component of this service, reflected in this memorandum, consists of revenues, expenses, and volumes associated with the transfer of all non-Treasury securities. For Treasury securities, the U.S. Treasury assesses fees for the securities transfer component of the service. The Reserve Banks assess a fee for the funds settlement component of a Treasury securities transfer; this component is not treated as a priced service. Table 15.—Fedwire Securities Service Pro Forma Cost and Revenue Performance [$ Millions] Year 1 Revenue 2 Total expense 3 Net income

(ROE)[1 − 2] 4 Target ROE 5 Recovery rate after target ROE [1/(2 + 4)] (percent) 2005 21.3 17.4 3.8 2.9 104.7 2006 (estimate) 21.8 19.3 2.5 1.8 a 103.7 2007 (budget) 23.3 20.9 2.4 2.0 101.6 a Including FAS 158, the estimated cost recovery for the Fedwire Securities Service is 65.1%. 1. *2006 Estimate* —The Reserve Banks estimate that the Fedwire Securities Service will recover 103.7 percent of total expenses and targeted ROE, compared with a 2006 budgeted recovery rate of 105.6 percent. The lower-than-budgeted recovery is attributable to lower-than-expected fee revenue. The shortfall in fee revenue, however, is partially offset by higher-than-expected NICB revenue and lower-than-budgeted operating costs. Through August 2006, online securities volume was 3.3 percent lower than it was during the same period last year. For full-year 2006, the Reserve Banks estimate that online securities volume will be 3.0 percent lower than the 2006 budget projection. The lower-than-budgeted volume is due to a slowdown in mortgage financing. 2. *2007 Pricing* —The Reserve Banks will increase the online transfer fee by two cents, increase the monthly maintenance fee from $15 to $16, and raise the offline transfer origination and receipt surcharge from $50 to $60. The increases will more closely align the fee and surcharges with the costs of providing these services. The Reserve Banks project that the Fedwire Securities Service will recover 101.6 percent of total expense and targeted ROE in 2007. Total revenue is budgeted to increase $1.5 million from the 2006 estimate. Total expenses are expected to increase $1.6 million from the 2006 estimate. The Reserve Banks continue to invest in new technologies to migrate the Fedwire Securities Service applications to a distributed processing platform. Online and offline securities volumes in 2007 are projected to be unchanged against 2006 estimates. I. *Electronic Access* —The Reserve Banks allocate the costs and revenues associated with electronic access to the Reserve Banks’ priced services. 47 There are currently four types of electronic access channels through which customers can access the Reserve Banks’ priced services: FedPhone®, FedMail®, FedLine®, and Computer Interface (mainframe to mainframe). 48 For 2007, the Reserve Banks will make changes to simplify the electronic access pricing structure by offering packaged solutions that include electronic access and accounting information services and eliminating a number of discrete service fees. 47 Certain electronic access fees are recorded as recoveries that offset the cost of providing these services. These fees are for ancillary services, such as training and vendor pass-through charges. Therefore, these fees are not listed in the electronic access 2007 fee schedule below. 48 FedPhone, FedMail, and FedLine are registered servicemarks of the Reserve Banks. These connections may also be used to access nonpriced services provided by the Reserve Banks. FedPhone is a free access option. In 2007, Computer Interface will become part of the FedLine Direct package. The Reserve Banks will offer seven electronic access packages that are supplemented by a number of premium (or à la carte) access and accounting information options. The first package provides access to information services through FedMail E-mail. The next two packages are FedLine Web packages, with three or five subscribers, that offer access to basic information and check services. The next two packages are FedLine Advantage packages, with three or five subscribers, that build upon the FedLine Web packages and offer access to FedACH and Fedwire services. The final two packages are FedLine Command and FedLine Direct, which allow for unattended connections over the Internet or through dedicated connections. FedLine Command is designed for FedACH functionality, while FedLine Direct, which is the replacement channel for Computer Interface customers, has both FedACH and Fedwire functionality. Both FedLine Command and FedLine Direct build upon the FedLine Advantage packages and include most accounting information services. The packaging of services will allow the Reserve Banks to eliminate many of the discrete fees associated with electronic access and accounting information services, such as setup fees, individual subscriber fees, and accounting report fees. The seven electronic access packages were developed based on current usage patterns and market studies. In addition to the packaging of electronic access and accounting information services, the Reserve Banks will offer other changes to electronic access pricing for 2007. In particular, the Reserve Banks will begin charging $15 per month for FedMail E-mail for customers who only use the FedMail E-mail channel to access the Reserve Banks’ priced services. Customers who access Reserve Banks’ priced services through a FedLine connection will receive FedMail E-mail as part of their packaged solution. FedMail Fax will increase from $15 to $25 and will be offered only as a premium option. The Reserve Banks also will increase fees on FedLine Direct customers. The fee increases will be used, in part, to recover the costs of building and deploying the new Internet Protocol-based FedLine Direct access channel. FedLine Direct and the access channel that it is replacing, Computer Interface, are used by high volume customers, which are typically the largest depository institutions. II. Analysis of Competitive Effect All operational and legal changes considered by the Board that have a substantial effect on payments system participants are subject to the competitive impact analysis described in the March 1990 policy, “The Federal Reserve in the Payments System.” 49 Under this policy, the Board assesses whether the proposed changes would have a direct and material adverse effect on the ability of other service providers to compete effectively with the Federal Reserve in providing similar services because of differing legal powers or constraints or because of a dominant market position deriving from such legal differences. If the change creates such an effect, the Board must further evaluate the change to assess whether its benefits—such as contributions to payment system efficiency, payment system integrity, or other Board objectives—can be retained while minimizing the adverse effect on competition. 49 Federal Reserve Regulatory Service

(FRRS)9-1558. The Board believes that the 2007 fees, fee structures, or changes in service will not have a direct and material adverse effect on the ability of other service providers to compete effectively with the Reserve Banks in providing similar services. The changes should permit the Reserve Banks to earn an ROE that is comparable to overall market returns. FedACH Service 2007 Fee Schedule [Effective January 2, 2007. Bold indicates changes from 2006 prices] Fee Origination (per item or record): 50 Items in small files $0.0030 Items in large files 0.0025 Addenda record 0.0010 Input file processing fee (per file): 2.50 Receipt (per item or record): 51 Item 0.0025 Addenda record 0.0010 Risk Product: Risk service subscription 20.00/RTN/month Risk origination monitoring criteria 15.00/set of criteria/month Risk origination monitoring batch 0.0025/batch Monthly fee (per routing number): Account servicing fee 52 25.00 FedACH settlement 53 20.00 Information extract file 20.00 FedLine Web origination returns and notification of change

(NOC)fee: 54 0.30 Voice response returns/NOC fee: 55 2.00 Non-electronic input/output fee: 56 Tape input/output 25.00 Paper output 15.00 Facsimile exception returns/NOC 57 15.00 Canadian cross-border fee: Cross-border item surcharge 58 0.039 Return received from Canada 59 0.77 Same-day recall of item at receiving gateway operator 4.00 Same-day recall of item not at receiving gateway operator 7.00 Trace of item at receiving gateway 3.50 Trace of item not at receiving gateway 5.00 Mexico service fee: Cross-border item surcharge 58 0.67 Return received from Mexico 59 0.69 Item trace 11.50 Transatlantic service fee: Cross-border item surcharge 58 Austria 2.00 Germany 2.00 The Netherlands 2.00 Switzerland 2.00 United Kingdom 2.00 Return received 59 Austria 5.00 Germany 8.00 The Netherlands 5.00 Switzerland 5.00 United Kingdom 8.00 50 Small files contain fewer than 2,500 items and large files contain 2,500 or more items. These origination fees do not apply to items that the Reserve Banks receive from the private-sector ACH operator. 51 Receipt fees do not apply to items that the Reserve Banks send to the private-sector ACH operator. 52 The account servicing fee applies to routing numbers that have received or originated FedACH transactions. Institutions that receive only U.S. government transactions or that elect to use the other operator exclusively are not assessed the account servicing fee. 53 The FedACH settlement fee is applied to any routing number with activity during a month. This fee does not apply to routing numbers that use the Reserve Banks for government transactions only. 54 The fee includes the transaction and addenda fees. 55 The fee includes the transaction fee in addition to the voice response fee. 56 These services are offered for contingency situations only. 57 The fee includes the transaction fee in addition to the conversion fee. 58 This per-item surcharge is in addition to the standard domestic origination and input file processing fees. 59 This per-item surcharge is in addition to the standard domestic receipt fees. Fedwire Funds and National Settlement Services 2007 Fee Schedule [Effective January 2, 2007. Bold indicates changes from 2006 prices.] Fee Fedwire Funds Service Basic volume-based transfer fee (originations and receipts) Per transfer for the first 2,500 transfers per month $0.29 Per transfer for additional transfers up to 80,000 per month 0.19 Per transfer for every transfer over 80,000 per month 0.09 Surcharge for offline transfers (originations and receipts) 30.00 National Settlement Service Basic : Settlement entry fee $0.80 Settlement file fee 14.00 Surcharge for offline file origination 25.00 Minimum monthly charge (account maintenance) 60 60.00 Special settlement arrangements 61 Fee per day 100.00 60 This minimum monthly charge will only be assessed if total settlement charges during a calendar month are less than $60. 61 Special settlement arrangements use Fedwire funds transfers to effect settlement. Participants in arrangements and settlement agents are also charged the applicable Fedwire funds transfer fee for each transfer into and out of the settlement account. Fedwire Securities Service 2007 Fee Schedule (Non-Treasury Securities) [Effective January 2, 2007. Bold indicates changes from 2006 prices.] Fee Basic transfer fee Transfer or reversal originated or received $0.34 Surcharge Offline transfer or reversal originated or received 60.00 Monthly maintenance fees Account maintenance (per account) 16.00 Issues maintained (per issue/per account) 0.40 Claim adjustment fee 0.30 Joint custody fee 40.00 Electronic Access 2007 Fee Schedule [Effective January 2, 2007 (unless otherwise indicated). Bold indicates changes from 2006 prices.] Electronic Access Packages (monthly): FedMail E-mail $15.00 FedLine Web W3 Includes: 80.00 FedMail E-mail FedLine Web with three individual subscriptions Service Charge Information

(SCI)Account Management Information

(AMI)* Premium options limited to FedMail Fax and electronic access training FedLine Web W5 Includes: 125.00 FedMail E-mail FedLine Web with five individual subscriptions Service Charge Information

(SCI)Account Management Information

(AMI)Cash Management System Basic—Own report only FedLine Advantage A3 Includes: 300.00 FedLine Web W3 package FedLine Advantage with three individual subscriptions Virtual Private Network

(VPN)maintenance * Premium options limited to FedMail Fax and electronic access training FedLine Advantage A5 Includes: 350.00 FedLine Web W5 package FedLine Advantage with five individual subscriptions VPN maintenance Intraday search download feature within AMI FedLine Command Includes: 650.00 FedLine Advantage A5 package One dedicated unattended connection over the Internet for ACH services Billing Data Format File

(BDFF)Intra-Day File End-of-Day File

(FIRD)Statement of Account Spreadsheet File

(SASF)FedLine Direct D56, D256, DT1 Includes: D56 $2,000.00, D256 $3,000.00, and DT1 $3,500.00 FedLine Command package One dedicated unattended connection for Computer Interface or FedLine Direct Premium Options: Electronic Access FedMail Fax (monthly per fax line) 25.00 Additional subscribers package (each package contains 5 additional subscribers) 75.00 Maintenance of additional VPN 50.00 Additional dedicated connections 62 Primary: 56K—750.00 256K—1,750.00 T1—2,250.00 Contingency: 56K—650.00 256K—1,650.00 T1—2,150.00 FedImage/Check 21 Large File Delivery Various Accounting Information Services Cash Management System Basic—Respondent and/or subaccount reports (per report/month) 7.00 Basic—Respondent/subaccount recap report (per month) 35.00 Plus—Own report up to six times a day (per month) 50.00 Plus—Fewer than 10 respondent and/or subaccounts and SASF (per month) 100.00 Plus—10 or more respondent and/or subaccounts and SASF (per month) 200.00 End-of-day reconcilement file

(FIRD)(per month) 100.00 Statement of account spreadsheet file

(SASF)(per month) 100.00 Intraday search download file (per month) 100.00 62 Network diversity supplemental charge of $1,000 a month may apply in addition to these fees. By order of the Board of Governors of the Federal Reserve System, November 14, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 06-9333 Filed 11-21-06; 8:45 am]

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