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Code · REGISTER · 2006-12-15 · Energy Information Administration (EIA), Department of Energy (DOE) · Notices

Notices. Agency Information Collection Activities: Proposed Collection; Comment Request

37,058 words·~168 min read·/register/2006/12/15/06-9713

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

BILLING CODE 4000-01-M DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The EIA is soliciting comments on proposed revisions to and the three-year extension of the Natural Gas Production Report, Form EIA-914. DATES: Comments must be filed by February 13, 2007.
If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Ms. Rhonda Green at U.S. Department of Energy, Energy Information Administration, Reserves and Production Division, 1999 Bryan Street, Suite 1110, Dallas, Texas 75201-6801. To ensure receipt of the comments by the due date, submission by FAX (214-720-6155) or e-mail ( *RHONDA.GREEN@EIA.DOE.GOV* ) is recommended. Alternatively, Ms.
Green may be contacted by telephone at
(214)720-6161. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Ms. Rhonda Green at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer-term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Any comments received help the EIA to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the EIA will later seek approval by the Office of Management and Budget
(OMB)under Section 3507(a) of the Paperwork Reduction Act of 1995. Operators of natural gas wells are the target respondents of Form EIA-914. Currently there are 227 respondents, a sample drawn from a universe of about 8,300 known operators. Using information collected on Form EIA-914, EIA estimates and disseminates timely and reliable monthly natural gas production data at the United States level, and for Texas, and Louisiana (both including State offshore natural gas production), New Mexico, Oklahoma, Wyoming and the Federal Gulf of Mexico. This collection is essential to the mission of the DOE for the development, implementation, and evaluation of energy policy and legislation in general, and the EIA in particular because of the increasing demand for natural gas in the United States and the requirement for accurate and timely natural gas production information necessary to monitor the United States natural gas supply and demand balance. Data are disseminated through the EIA Natural Gas Monthly and Natural Gas Annual. Secondary publications that use the data include EIA's Short-Term Energy Outlook, Annual Energy Outlook, Monthly Energy Review and Annual Energy Review. When OMB approved Form EIA-914 in 2004, it asked EIA to report the following information at the time of renewal of this data collection: • Status of cooperation with the Interstate Oil and Gas Compact Commission (IOGCC) to increase quality of reported data, and status of cooperation between the individual States and the Minerals Management Service (MMS), with particular focus on reducing duplicative collections; • Whether improvements to State collections allow some States to be dropped from the survey frame, with a specific analysis of the Texas collection; and • Status of Form EIA-895, “Monthly and Annual Quantity and Value of Natural Gas Production Report.” The responses to these requests are as follows: Cooperative Efforts With the IOGCC and MMS Since the implementation of Form EIA-914, EIA has met with members of the IOGCC and has discussed ways to increase the quality of reported natural gas production data. A written agreement was signed between IOGCC and EIA to improve the quality of State data. EIA works in consultation with the MMS to reduce duplicative data collections. MMS collects production data for revenue collection purposes. However, reliable MMS production data are typically unavailable for at least a year after the data are reported. Production estimates based on Form EIA-914 data are available 60 days after the close of a report month. The time frames of the two systems do not overlap. Improvements to State Collections There have been no significant improvements in State data collections of natural gas production that would allow for EIA to use State data in lieu of what it collects on the EIA-914 survey. With respect to Texas, the State has made some changes to its data collection system ( *e.g.* , one form instead of two, electronic data submission), but report timing and data quality are the same as when the EIA-914 was first approved. Status of Form EIA-895 EIA continues to collect monthly natural gas production information from the States through Form EIA-895M, but will announce its decision to terminate the use of the monthly Form EIA-895M in 2007 and rely on the EIA-914 monthly natural gas production estimates thereafter. EIA plans to retain use of the annual Form EIA-895A for the following reasons: 1. Once a year, the EIA-895A collects monthly production data for 12 States that are not reported on Form EIA-914. In their comments on the March 7, 2005, **Federal Register** notice on extension of natural gas data collection forms, the Natural Gas Supply Association, the American Petroleum Institute, the Domestic Petroleum Council, the Independent Petroleum Association of America, the National Ocean Industries Association, and the U.S. Oil and Gas Association expressed concern about elimination of the EIA-895, because EIA would no longer publish monthly data for these 12 States. These monthly data allow industry participants to better understand State-level trends, plan business activity, and forecast future production. Based on conversations with trade group representatives in 2006, they remain opposed to elimination of this data collection. 2. With the elimination of the monthly EIA-895M, the EIA-895A becomes the major source of data on natural gas vented and flared and on nonhydrocarbon gases removed. A 2004 GAO report called on EIA to collect more data on venting and flaring, not to eliminate its collection. 3. The EIA-895A contains financial information not collected by the EIA-914 or the monthly Form-895M. 4. The EIA-895A serves as a quality check on production data collected by the EIA-914 during the year. II. Current Actions This notice is for a three-year extension of Form EIA-914, “Monthly Natural Gas Production Report,” and a revision to add Alaska, California, Colorado, Kansas, Montana, North Dakota, and the Federal Offshore Pacific. By adding these additional areas, the geographic coverage and accuracy of the gas production estimates will be improved. The sampling methodology will be the same as for current States. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines are provided to assist in the preparation of comments. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for this collection is estimated at 3 hours per respondent per month (this reflects no change from the original estimate). The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Comments submitted in response to this notice will be summarized and included in the request for OMB approval of the form. They also will become a matter of public record. *Statutory Authority:* Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC, December 11, 2006. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-21367 Filed 12-14-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Energy Information Administration Policy for Publicly Releasing Planned Electric Generating Unit Information for Years 1998-2000; Policy Statement AGENCY: Energy Information Administration (EIA), DOE. ACTION: Policy Statement. Energy Information Administration Policy for Publicly Releasing Planned Electric Generating Unit Information for Years 1998-2000. SUMMARY: The EIA has modified its policy and will publicly release EIA survey information collected regarding planned electric generating units for the years 1998, 1999, and 2000. DATES: This policy becomes effective on January 12, 2007. ADDRESSES: Requests for information or questions about this policy should be directed to Mr. Kevin Lillis of EIA's Electric Power Division. Mr. Lillis may be contacted by phone (202-287-1757), FAX (202-287-1934), or e-mail ( *kevin.lillis@eia.doe.gov* ). His mailing address is Electric Power Division, EI-53, Forrestal Building, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Requests for additional information about this policy should be directed to Mr. Lillis at the address listed above. Information on EIA's Electric Power Program is available on EIA's Internet site at *http://www.eia.doe.gov/fuelelectric.html.* SUPPLEMENTARY INFORMATION: I. Background II. Discussion of Comments III. Current Actions I. Background The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. The purpose of EIA's Electric Power Program is to collect and disseminate basic and detailed data to meet EIA's mandates and energy data users' needs for credible, reliable, and timely information on U.S. electric capacity, generation, sales, trade, transmission, and pricing. Prior to 1998, information collected by EIA on planned electric power generating units was considered as nonconfidential and was publicly available. With increasing competition and restructuring of the electric power industry, EIA collected information on planned electric generating units for the years 1998, 1999, and 2000 and stated that it would treat that information as confidential. After reconsidering the need to treat planned electric generating unit information as confidential, consulting with EIA survey respondents and customers, and obtaining Office of Management and Budget approval, EIA changed its policy. Planned electric generating unit information for calendar years 2001 and later has been collected as nonconfidential and is publicly available. EIA received a request under the Freedom of Information Act (5 U.S.C. 552) for the planned generating unit information for calendar years 1998-2000. Given that such information prior to 1998 and after 2000 is publicly available, EIA undertook a process to determine whether the planned unit data for 1998-2000 should continue to be withheld or should be publicly released. EIA sent a letter to 963 respondents who reported having planned generating units in the 1998-2000 time period on Form EIA-860A, “Annual Electric Generating Report—Utility,” and/or Form EIA-860B, “Annual Electric Generating Report—Non-Utility,” on this issue. The letters were mailed on August 24 and August 28, 2006. The letter asked respondents whether they objected to the public release of the information on planned electric generating units for the years 1998-2000. Respondents were asked to reply by September 29, 2006. Any respondent objecting to the release was requested to provide “EIA with specific details on why your information for 1998-2000 on planned generating units/facilities is sensitive and proprietary and how public release of the information would cause substantial competitive harm to your company.” As of October 18, 2006, EIA received 52 responses to its letter. Of the 52 responses, 47 stated that they had no objection to the release of the information from 1998-2000 on planned electric generating units. Five respondents objected to the release of the planned electric generating unit information. Thus, less than one percent of the companies that reported planned electric generating unit information for 1998-2000 objected to the public release of that information. II. Discussion of Comments Five companies objected to the release of the 1998-2000 information on planned electric generating units but none specifically addressed how public release of the information would cause substantial competitive harm to the company. III. Current Actions The information at issue is planned electric generating unit data for 1998, 1999 and 2000. As of October 2006, that information is over six years old. Planned electric generating unit information collected after 2000 is currently treated as non-confidential and is publicly available. Each survey respondent was provided with an opportunity to provide specific details on why its information for 1998-2000 on planned electric generating units was sensitive and proprietary and how public release of the information would cause substantial competitive harm to the company. Based on the fact that most of the responding companies support this change and the fact that the small number of companies who objected provided no details to show that releasing this historical information would cause substantial competitive harm, EIA's policy regarding the planned electric generating unit information for the period 1998-2000 will be considered as non-confidential and the planned electric generating unit information for the 1998-2000 time period will be made publicly available. *Statutory Authority:* Section 52 of the Federal Energy Administration Act (Pub. L. 93-275, 15 U.S.C. 790a). Issued in Washington, DC, December 11, 2006. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-21369 Filed 12-14-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [IC06-715-001, FERC 715] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension December 8, 2006. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget
(OMB)for review and extension of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of August 30, 2006 (71 FR 51589-51590) and has made this notation in its submission to OMB. DATES: Comments on the collection of information are due by January 16, 2007. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. as a point of reference. The Desk Officer may be reached by telephone at 202-395-4650. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-34, Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings an original and 14 copies, of such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC07-715-001. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-Filing,” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. User assistance for electronic filings is available at 202-502-8258 or by e-mail to *efiling@ferc.gov.* Comments should not be submitted to this e-mail address. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For user assistance, contact *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676 or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: Description The information collection submitted for OMB review contains the following: 1. *Collection of Information:* FERC 715 “Annual Transmission Planning and Evaluation Report” 2. *Sponsor:* Federal Energy Regulatory Commission 3. *Control No.:* 1902-0171 The Commission is now requesting that OMB approve and extend the expiration date for an additional three years with no changes to the existing collection. The information filed with the Commission is mandatory. 4. Necessity of the Collection of Information: Submission of the information is necessary for the Commission to carry out its responsibilities in implementing the statutory provisions of section 213(b) of the Federal Power Act (FPA), as amended by the Energy Policy Act of 1992. Through Section 213(b) Congress requires the Commission to collect annually from transmitting utilities, certain transmission system information and make it available to potential transmission providers, customers and state regulatory authorities. This information collection also supports the Commission's responsibilities under Sections 202, 207, 210-213, 304, 309 and 311 of the FPA, as amended (49 Stat. 838; 16 U.S.C. 791a-825r). The Commission's FERC-715 filing requirements are published in the Code of Federal Regulations (CFR), 18 CFR 141.300. Through the FERC-715, the Commission gathers basic electric transmission system information. The Commission staff use the FERC-715 information to evaluate available transmission capacity and assess transmission reliability. Electrical transmission customers and transmission dependent utilities use the information, in conjunction with other information sources, to assess transmission availability. Federal and private agencies use the information in transmission simulations to test the impact of changes to the transmission system, necessary to improve system functioning. FERC-715 filing instructions are provided on the Commission's Web site at *http://www.ferc.gov/docs-filings/elibrary.asp.* Some or all of the information collected on the FERC-715 may be treated as Critical Energy Infrastructure Information
(CEII)( *see* Order 630, OMB Control No. 1902-0197). CEII is information concerning proposed or existing critical infrastructure (physical or virtual) that: 1. Relates to the production, generation, transmission or distribution of energy; 2. Could be useful to a person planning an attack on critical infrastructure; 3. Is exempt from mandatory disclosure under the Freedom of Information Act; and 4. Gives strategic information beyond the location of the critical infrastructure. CEII is not available to the public. The Commission has established procedures for gaining access to CEII that would otherwise not be available under the Freedom of Information Act
(FOIA)requests. These actions are necessary to keep highly sensitive infrastructure information out of the public domain thus decreasing the likelihood that such information could be used to plan and execute terrorist attacks. 5. *Respondent Description:* The respondent universe currently comprises 85 companies (on average) subject to the Commission's jurisdiction. 6. *Estimated Burden:* 9,913 total hours, 85 respondents (average), 1 response per respondent, and 117 hours per response (average) 7. *Estimated Cost Burden to respondents:* 9,913 hours/2080 hours per years × $117,321 per year = $ 559,136. The cost per respondent is equal to $6,578. *Statutory Authority:* Statutory provisions of sections 4, 5, 7, 8, 10, 14, 16, and 20 of the Natural Gas Act
(NPA)15 U.S.C. 717-717w and Title II, section 311 and sections 501 and 504 of the Natural Gas Policy Act (Pub. L. 95-621). Magalie R. Salas, Secretary. [FR Doc. E6-21383 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC07-6-000; FERC Form 6] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension December 8, 2006. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due February 16, 2007. ADDRESSES: Copies of sample filings of the proposed collection of information can be obtained from the Commission's Web site ( *http://www.ferc.gov/docs-filings/elibrary.asp* ) or from the Federal Energy Regulatory Commission, Attn: Michael Miller, Office of the Executive Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filing, the original and 14 copies of such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and refer to Docket No. IC07-6-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing”, and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the eLibrary link. For user assistance, contact *FERCOlineSupport@ferc.gov* or toll-free at
(866)208-3676. or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC Form 6 “Annual Report of Oil Pipeline Companies” (OMB No. 1902-0022) is used by the Commission to carry out its responsibilities in implementing the statutory provisions of the Interstate Commerce Act (ICA), (49 U.S.C.). The ICA authorizes the Commission to make investigations and to collect and record data and to prescribe rules and regulations concerning accounts, records and memoranda as necessary or appropriate for purposes of administering the ICA. The Commission may prescribe a system of accounts for jurisdictional companies and, after notice and opportunity for hearing may determine the accounts in which particular outlays and receipts will be entered, charged or credited. Every pipeline carrier subject to the provisions of Section 20 of the ICA must electronically file with the Commission through Commission-provided software. The Commission's Office of Enforcement uses the FERC Form 6 data collected to assist in the implementation of its financial audits and investigation programs, in the continuous review of the financial condition of regulated companies and in the assessment of energy markets. The Office of Energy Markets and Reliability
(OEMR)uses the data collected for its various rate proceedings and economic analyses. The Office of Administrative Litigation
(OAL)uses the data collected for background research for use in litigation. The Office of General Counsel uses the data in its programs relating to the administration of the ICA. Additionally, the Office of the Executive Director
(OED)uses the data contained on certain schedules of the FERC Form 6 to compute annual charges which are then assessed against oil pipeline companies to recover the Commission's annual costs. These annual charges are required by Section 3401 of the Budget Act. Most notably, the ICA mandates the collection of information needed by the Commission to perform it regulatory responsibilities in the setting of the just and reasonable rates. The Commission could be held in violation of the ICA if the information was not collected. The Commission implements these filing requirements in the Code of Federal Regulations
(CFR)under 18 CFR Section 357.1 and 357.2. *Action:* The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually
(1)Number of responses per respondent
(2)Average burden hours per response
(3)Total annual burden hours
(1)×
(2)×
(3)156 1 186 29,016 Estimated cost burden to respondents is $1,703,811. (29,016 hours/2080 hours per year times $122,137 per year average per employee = $1,703,811). The cost per respondent is $10,922). The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities, which benefit the whole organization rather than any one particular function or activity. Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of or other technological collection techniques or other forms of information technology. Magalie R. Salas, Secretary. [FR Doc. E6-21384 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC07-6Q-000; FERC Form 6Q] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension December 8, 2006. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below. DATES: Comments on the collection of information are due February 16, 2007. ADDRESSES: Copies of sample filings of the proposed collection of information can be obtained from the Commission's Web site ( *http://www.ferc.gov/docs-filings/elibrary.asp* ) or from the Federal Energy Regulatory Commission, Attn: Michael Miller, Office of the Executive Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filing, the original and 14 copies of such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and refer to Docket No. IC07-6Q-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing”, and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the eLibrary link. For user assistance, contact *FERCOlineSupport@ferc.gov* or toll-free at
(866)208-3676. or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC Form 6Q “Quarterly Financial Report of Oil Pipeline Companies” (OMB No. 1902-0206) is used by the Commission to carry out its responsibilities in implementing the statutory provisions of the Interstate Commerce Act (ICA), (49 U.S.C.). Although the Commission requires jurisdictional entities to file financial information, a general weakness in this reporting program has been the frequency with which the financial reports are required. In a rapidly changing business environment, annual reporting is simply insufficient. Financial accounting and reporting provides needed information concerning a company's past performance and its future prospects. Without reliable financial statements prepared in accordance with the Commission's Uniform System of Accounts and related regulations, the Commission would be unable to accurately determine the costs that relate to a particular time period, service or line of business. Additionally, it would be difficult to determine whether a given entity has previously been given the opportunity to recover its cost through rates, or to compare how the financial performance and results of operations of one regulated entity relates to that of another. The need for current and better disclosures in financial statements drives the increasing demand for timely, relevant and reliable financial information. As such, the FERC Form 6-Q Quarterly Report provides the Commission with a more timely and informative picture of the jurisdictional oil pipeline entities' financial and operational condition. More specifically, the Commission's Office of Enforcement
(OE)uses the FERC Form 6-Q data collected to assist in the implementation of its financial and operational audits and investigation programs, in the review of the financial condition of regulated companies, and in the assessment of energy markets. The Office of Energy Markets and Reliability
(OEMR)uses the data collected for its various rate proceedings and economic analysis. The Office of Administrative Litigation
(OAL)uses the data collected for background research for use in litigation. The Office of General Counsel
(OGC)uses the data in its programs relating to the administration of the ICA. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually
(1)Number of responses per respondent
(2)Average burden hours per response
(3)Total annual burden hours
(1)×
(2)×
(3)138 3 150 62,100 Estimated cost burden to respondents is $3,646,494. (62,100 hours/2080 hours per year times $122,137 per year average per employee = $3,646,494). The cost per respondent is $26,424). The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities, which benefit the whole organization rather than any one particular function or activity. Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of other technological collection techniques or other forms of information technology. Magalie R. Salas, Secretary. [FR Doc. E6-21385 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-194-002] Columbia Gas Transmission Corporation; Notice of Compliance Filing December 8, 2006. Take notice that on December 4, 2006, Columbia Gas Transmission Corporation (Columbia) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following revised tariff sheets with a proposed effective date of February 1, 2006: Fifth Revised Sheet No. 167; Fifth Revised Sheet No. 168. Columbia states that on March 16, 2006 it filed with the Commission revisions to Section 3 and Section 4 of Rate Schedule FSS to its Tariff to permit waiver of any limitations under Sections 3 and 4 where granting such waiver is appropriate to address current operational issues. The Commission accepted the filing on November 22, 2006, subject to modifications. In compliance with the Commission's order, Columbia is submitting revised tariff sheets that reflect the necessary modifications. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. Magalie R. Salas, Secretary. [FR Doc. E6-21391 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-469-011, RP01-22-013, RP03-177-008] East Tennessee Natural Gas, LLC; Notice of Segmentation Report December 8, 2006. Take notice that, on December 4, 2006, East Tennessee Natural Gas, LLC (East Tennessee) submitted a segmentation report pursuant to the Order on Segmentation Report, issued by the Commission on April 13, 2006, 2004 in Docket No. RP00-469-000. East Tennessee states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed on or before the date as indicated below. Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. *Protest Date:* 5 pm eastern time on December 15, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-21389 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP97-287-060] El Paso Natural Gas Company; Notice of Filing December 8, 2006. Take notice that on November 21, 2006, El Paso Natural Gas Company (El Paso) tendered for filing as part of its FERC Gas Tariff, Second Revised volume No. 1-A, Fortieth Revised sheet No. 30, with an effective date of December 22, 2006. El Paso states that the filing is being made to remove a terminated contract from the statement of rates sheets. Any person desiring to protest this filing must file in accordance with rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. E6-21381 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-101-000] Enbridge Offshore Pipelines
(UTOS)L.L.C.; Notice of Petition December 8, 2006. Take notice that on December 7, 2006, Enbridge Offshore Pipelines
(UTOS)L.L.C. (UTOS), pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(5) (2006), has petitioned the Commission to issue an order approving a proposed rate settlement that would extend the term of the existing UTOS rate settlement approved by the Commission in Docket No. RP03-335 for three years after the date of a final, non-appealable Commission order approving the proposed settlement without conditions unacceptable to UTOS. The proposed settlement would not modify any other rates, terms or conditions of the existing settlement. 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 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. Magalie R. Salas, Secretary. [FR Doc. E6-21394 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID-4048-002] Freysinger, David R.; Notice of Filing December 11, 2006. Take notice that on December 1, 2006, David R. Freysinger filed a second supplement to his October 15, 2006 application for authority to hold interlocking positions, pursuant to the Commission's regulations under section 45.5(a). 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 December 18, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-21414 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP07-85-001] Gas Transmission Northwest Corporation; Notice of Tariff Filing December 8, 2006. Take notice that on December 5, 2006, Gas Transmission Northwest Corporation
(GTN)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Second Substitute Ninth Revised Sheet No. 4, to become effective January 1, 2007. GTN states that this sheet is being submitted to correct a tariff sheet filed November 30, 2006 in Docket No. RP07-85-000 that improperly included an outdated ACA surcharge. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested state regulatory agencies. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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 email 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. E6-21395 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-29-000] Gulf South Pipeline Company, LP; Notice of Application December 8, 2006. Take notice that on December 4, 2006, Gulf South Pipeline Company, LP (Gulf South), 20 East Greenway Plaza, Houston, Texas 77046, filed in Docket No. CP07-29-000, an application under section 7(b) of the Natural Gas Act
(NGA)to abandon by sale an 11.6 mile pipeline segment in Mobile County, Alabama, to Mobile Gas Service Corporation (Mobile Gas), all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@ferc.gov* or call toll-free,
(886)208-3676 or TYY,
(202)502-8659. Gulf South states that it proposes to abandon by sale to Mobile Gas, a local distribution company, approximately 11.6 miles of 14-inch diameter pipe on the Jackson-Mobile pipeline (designated as Index 301), 0.70 miles of 2-inch diameter pipeline (designated as Index 301-25), a 2-inch tap valve (designated as Index 301-33), and other appurtenant auxiliary facilities (collectively referred to as the Index 301 Segment), all located in Mobile County. Gulf South also states that the proposed abandonment of the Index 301 Segment facilities would have no impact on firm service provided to any of Gulf South's current customers. Gulf South further states that following abandonment, Mobile Gas would continue to provide firm natural gas deliveries to all 51 farm taps on the line by tying the Index 301 Segment into its existing local distribution system in the area. Any questions regarding this application may be directed to J. Kyle Stephens, Director of Certificates, Gulf South Pipeline Company, LP, 20 East Greenway Plaza, Houston, Texas 77046, or at
(713)544-7309 (telephone);
(713)544-3540 (fax); or by e-mail: *kyle.stephens@gulfsouthpl.com.* There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)
(iii)and the instructions on the Commission's Web site under the “e-Filing” link. *Comment Date:* December 29, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-21382 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06-540-001] High Island Offshore System L.L.C.; Notice of Tariff Filing December 8, 2006. Take notice that on December 6, 2006, High Island Offshore System L.L.C.
(HIOS)tendered for filing FERC Gas Tariff, Third Revised Volume No. 1, Substitute Fifth Revised Sheet No. 10, with an effective date of March 1, 2007. HIOS states that this tariff sheet is being filed to correct an inadvertent error on Fifth Revised Sheet No. 10 originally filed on August 31, 2006. The revised tariff sheet corrects the presentation of the Rate Schedule FT-3 Reservation rate, but does not represent a change in the Rate Schedule FT-3 rates. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests 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 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. Magalie R. Salas, Secretary. [FR Doc. E6-21392 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID-5124-000] Hubbard, Frederick L.; Notice Of Filing December 11, 2006. Take notice that on November 29, 2006, Frederick L. Hubbard filed an application for authority to hold interlocking positions, pursuant to the section 305(b) of the Federal Power Act, Part 45 of Title 18 of the Code of Federal Regulations, and Order No. 664. 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. On or before the comment date, it is not necessary to 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 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 pm eastern time on December 29, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-21415 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM06-16-000] Mandatory Reliability Standards for the Bulk-Power System; Notice of Filing December 8, 2006. On December 1, 2006, the North American Electric Reliability Council, on behalf of its affiliate, the North American Electric Reliability Corporation (collectively NERC), made an informational filing with the Commission entitled “NERC's Reliability Standards Development Plan: 2007-2009” (Work Plan). 1 NERC states that the Work Plan has been submitted to inform the Commission of NERC's program to improve the Reliability Standards that currently are the subject of the Commission's Notice of Proposed Rulemaking
(NOPR)issued in this docket on October 20, 2006. NERC states that a portion of the Work Plan also fulfills the commitment made in its April 2006 ERO certification application to provide the Commission with a plan to address the “fill-in-the-blank” regional reliability standards. Finally, the informational filing contains a status report on the violation risk factors that NERC plans to assign to each requirement in NERC's Reliability Standards to help delineate the relative risks associated with the violation of each requirement of a Reliability Standard. 1 The Commission certified NERC Corporation as the Electric Reliability Organization
(ERO)pursuant to Section 215 of the Federal Power Act in an order issued July 20, 2006, in Docket No. RR06-1-000. The Commission stated in its October 20, 2006 NOPR that it is important that the ERO develop a detailed, comprehensive work plan to address all of the modifications that are directed pursuant to a final rule issued in this docket. The Commission believes that the Work Plan could be useful for determining such prioritization and would therefore be informative for the final rule. The Commission also believes that industry comment on the Work Plan would assist in developing an appropriate prioritization plan. The Commission therefore seeks public comment on the Work Plan, with comments due by the January 3, 2007 to coincide with the date for filing comments on the October 20, 2006 NOPR. 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. E6-21387 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-29-000] Sabine Pipe Line LLC; Notice of Proposed Changes In FERC Gas Tariff December 8, 2006. Take notice that on December 4, 2006, Sabine Pipe Line LLC (Sabine) tendered for filing to its FERC Gas Tariff, Original Volume No. 1, Seventh Revised Sheet No. 20 to become effective January 1, 2007. The proposed tariff sheet was filed under the authority of Part 154 of the Commission's Regulations, and in accordance with Section 27 of the General Terms and Conditions of Sabine's FERC Gas Tariff, which provides that Sabine will file, to be effective each January 1, a redetermination of its Fuel Gas and Unaccounted For Gas reimbursement percentages (FRP and UFRP, respectively). 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. E6-21393 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP07-28-000] Southern Natural Gas Company; Notice of Application December 11, 2006. Take notice that on December 1, 2006, Southern Natural Gas Company (Southern), 1900 Fifth Avenue North, Birmingham, Alabama 35203, filed in Docket No. CP07-28-000, an application pursuant to sections 7(b) and
(c)of the Natural Gas Act
(NGA)and Part 157 of the Commission's Regulations, for authorization to abandon and modify certain pipeline and appurtenant facilities on its 22-inch North Main Loop Line and for a certificate of public convenience and necessity authorizing the construction, installation, and operation of certain pipeline facilities on its 24-inch 2nd Northern Main Loop Line located in Tuscaloosa County, Alabama, all as more fully set forth in the application which is on file with the Commission and open to public inspection. 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. In its application, Southern states that it is currently involved in an extensive pipeline integrity program (PIP). As part of the PIP, Southern has identified for replacement, certain sections of pipe which were constructed using a mechanical coupling methodology. One of these areas is the North Main Loop Line from 271.65 to Milepost 281.27 (9.62 miles) located in Tuscaloosa County, Alabama. Southern proposes to abandon in place a portion of the North Main Loop Segment from Milepost 278.48 to Milepost 281.27 (2.79 miles). Also, Southern proposes to abandon and remove a portion of the North Main Loop Segment from Milepost 271.65 to Milepost 278.48 (6.83 miles). Southern proposes to install a new 22-inch mainline gate assembly at Milepost 278.48 and install a new 12-inch blind flange to close the 12-inch crossover value at Milepost 281.02. Southern proposes to install a new 20-inch crossover connection at the Black Warrior River West Header at Milepost 281.23 between the 22-inch North Main Line and the 22-inch North Main Loop Line. The crossover connection will be accomplished by installing a new 20-inch tap on the 22-inch Northern Main Line and a short segment of new 20-inch crossover pipe for connection to the 22-inch North Main Loop Line. Also, Southern requests authority to extend its 24-inch 2nd North Main Loop Line, by constructing, installing and operating 6.83 miles of 24-inch pipeline from Milepost 148.93 to Milepost 155.75 in Tuscaloosa County, Alabama. This new segment of 24-inch pipeline will be installed in the current location of the 22-inch pipeline proposed to be abandoned. Southern stated that the installation of this segment of the 24-inch 2nd North Main Loop Line provide the sufficient capacity and the level of service necessary to continue to serve its existing customers in this area. The cost of constructing the 2nd North Main Loop Segment is estimated to be $10.4 million. Any questions regarding this application should be directed to Patrick B. Pope, Vice President and General Counsel or Patricia S. Francis, Senior Counsel for Southern, Post Office Box 2563, Birmingham, Alabama 35202-2563, at
(205)325-7126 or
(205)325-7696, respectively. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link at *http://www.ferc.gov* . The Commission strongly encourages intervenors to file electronically. 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. *Comment Date:* 5 p.m. eastern standard time, January 2, 2007. Magalie R. Salas, Secretary. [FR Doc. E6-21413 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP07-27-000] Tuscarora Gas Transmission Company; Notice of Application December 8, 2006. Take notice that on November 30, 2006, Tuscarora Gas Transmission Company (Tuscarora), 1140 Financial Blvd. Suite 900 Reno, NV 89502, filed in Docket No. CP07-27-000, an application pursuant to Section 7(c) of the Natural Gas Act (NGA), as amended, for authorization to construct, install, own, operate and maintain a new compressor station and appurtenant facilities in Modoc County, California to render up to 40,000 dekatherms per day of additional firm natural gas transportation service pursuant to Rate Schedule FT to Sierra Pacific Power Company (2008 Expansion Project), all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, call
(202)502-8659 or TTY,
(202)208-3676. Any questions regarding this application should be directed to Gregory L. Galbraith, Tuscarora Gas Transmission Company, 1140 Financial Blvd., Suite 900, Reno, NV 89502, or call
(775)336-3210, or fax
(775)336-3465 (Facsimile). There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments protests and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web ( *http://www.ferc.gov* ) site under the “e-Filing” link. *Comment Date:* December 29, 2006. Magalie R. Salas, Secretary. [FR Doc. E6-21396 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-323-012] Williston Basin Interstate Pipeline Company; Notice of Negotiated Rate December 8, 2006. Take notice that on December 4, 2006, Williston Basin Interstate Pipeline Company (Williston Basin), tendered for filing with the Commission a revised negotiated Rate Schedule IT-1 Service Agreement. The proposed effective date of the revised Service Agreement is December 2, 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 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. E6-21390 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 December 8, 2006. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC07-32-000. *Applicants:* ESI Cherokee MGP, Inc.; ESI Cherokee County, L.P., Caithness Cherokee GP, LLC; Caithness Cherokee, LLC. *Description:* ESI Cherokee MGP, Inc. *et al.* submit a joint application for authorization to acquire interests in an electric utility company. *Filed Date:* 12/04/2006. *Accession Number:* 20061206-0090. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 26, 2006. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER04-1232-005. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits a clean and relined version of Substitute Seventh Revised Sheet 161 to its OATT pursuant to FERC's 9/1/06 Order. *Filed Date:* 12/04/2006. *Accession Number:* 20061206-0254. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 26, 2006. *Docket Numbers:* ER05-6-088; EL04-135-091; EL02-111-108; EL03-212-104. *Applicants:* Exelon Corporation. *Description:* Exelon Corp. submits a compliance electric refund report pursuant to the Commission's 10/27/06 order. *Filed Date:* 12/01/2006. *Accession Number:* 20061201-5014. *Comment Date:* 5 p.m. Eastern Time on Friday, December 22, 2006. *Docket Numbers:* ER06-133-001. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection, LLC submits an executed Interconnection Service Agreement, Substitute Original Service Agreement No. 1387, with the City of Geneva and Commonwealth Edison Company. *Filed Date:* 12/04/2006. *Accession Number:* 20061206-0084. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 26, 2006. *Docket Numbers:* ER06-451-013; ER06-1467-001. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits a compliance filing pursuant to FERC's 10/31/06 Order re revisions of various aspects of its real-time energy imbalance market. *Filed Date:* 11/30/2006. *Accession Number:* 20061206-0085. *Comment Date:* 5 p.m. Eastern Time on Thursday, December 21, 2006. *Docket Numbers:* ER07-14-001. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits a withdrawal of the notice of cancellation for Network Operating Agreements. *Filed Date:* 11/22/2006. *Accession Number:* 20061127-0212. *Comment Date:* 5 p.m. Eastern Time on Wednesday, December 13, 2006. *Docket Numbers:* ER07-284-000. *Applicants:* San Diego Gas & Electric Company. *Description:* San Diego Gas & Electric Co. submits the Transmission Owner 3 Formula and rate changes to the California ISO wholesale and retail electric transmission rates. *Filed Date:* 12/01/2006. *Accession Number:* 20061206-0163. *Comment Date:* 5 p.m. Eastern Time on Friday, December 22, 2006. *Docket Numbers:* ER07-286-000. *Applicants:* Arizona Public Service Company. *Description:* Arizona Public Service Co. submits an executed interconnection agreement with Abitibi Consolidated Sales Corp. and Snowflake White Mountain Power, LLC. *Filed Date:* 12/01/2006. *Accession Number:* 20061205-0001. *Comment Date:* 5 p.m. Eastern Time on Friday, December 22, 2006. *Docket Numbers:* ER07-288-000. *Applicants:* Leaning Juniper Wind Power, LLC. *Description:* Leaning Juniper Wind Power, LLC submits a Notice of Cancellation of its FERC Electric Tariff, Original Volume 1. *Filed Date:* 12/04/2006. *Accession Number:* 20061206-0088. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 26, 2006. *Docket Numbers:* ER07-289-000. *Applicants:* Cleco Power LLC. *Description:* Cleco Power LLC submits an executed Network Integration Transmission Services Agreement with Entergy Louisiana LLC and a Notice of Cancellation for its Rate Schedule No 3. *Filed Date:* 12/04/2006. *Accession Number:* 20061206-0087. *Comment Date:* 5 p.m. Eastern Time on Tuesday, December 26, 2006. *Docket Numbers:* ER07-290-000; ER07-291-000. *Applicants:* Cabrillo Power I LLC; Cabrillo Power II LLC. *Description:* Cabrillo Power I LLC et al submit revisions to their Reliability Must Run Agreements, First Revised Rate Schedules FERC No. 2, with the California Independent System Operator Corp. for the calendar year 2007. *Filed Date:* 12/01/2006. *Accession Number:* 20061206-0135. *Comment Date:* 5 p.m. Eastern Time on Friday, December 22, 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 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. E6-21344 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP06-335-000 and CP96-810-006] Maritimes & Northeast Pipeline, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Maritimes Phase IV Project December 11, 2006. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment
(EA)on the natural gas pipeline facilities proposed by Maritimes & Northeast Pipeline L.L.C (Maritimes) 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 the proposed Maritimes Phase IV Project: New Construction in Maine • Approximately, 1.7 miles of 30-inch-diameter pipeline in Washington County (Baileyville Loop); • Baileyville Meter Station in Washington County; • Woodchopping Ridge Compressor Station (18,085 horsepower [HP]) in Hancock County; • Brewer Compressor Station (18,085 HP) in Penobscot County; • Searsmont Compressor Station (18,085 HP) in Waldo County; • Westbrook Compressor Station (26,666 HP) in Cumberland County; • Westbrook Meter Station in Cumberland County; and • Eliot Compressor Station (8,943 HP) in York County. Modifications in Maine • Piping at the existing Richmond Compressor Station in Sagadahoc County; • Piping at the existing Baileyville Compressor Station in Washington County; and • Piping at the existing Baileyville Meter Station in Washington County. Modifications in Massachusetts • At the existing Dracut Meter Station in Middlesex County. The purpose of the proposed Maritimes Phase IV Project is to provide the necessary infrastructure to transport natural gas from the Canaport LNG terminal currently under construction in New Brunswick, Canada to markets in the Northeastern U.S. 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. C06-335-000; and • Mail your comments so that they will be received in Washington, DC on or before January 10, 2007. 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. E6-21418 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2230-034] City and Borough of Sitka, AK; Notice Soliciting Comments and Final Recommendations, Terms and Conditions, and Prescriptions December 8, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 2230-034. c. Date Filed: March 28, 2006. d. Applicant: City and Borough of Sitka, Alaska. e. Name of Project: Blue Lake Hydroelectric Project. f. Location: On Sawmill Creek, 5 miles southeast of the City of Sitka, Alaska. The project occupies lands of the United States; specifically 1628.1 acres of the Tongass National Forest. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r). h. Applicant Contact: Andy Eggen, Acting Utility Director, City and Borough of Sitka, 105 Jarvis Street, Sitka, AK 99835,
(907)747-4000. i. FERC Contact: Thomas Dean,
(202)502-6041 or *thomas.dean@ferc.gov.* j. Deadline for filing comments and final recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person that is on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. k. This application has been accepted for filing and is now ready for environmental analysis. l. Description of Project: The existing Blue Lake Project consists of the following :
(1)A 211-foot-high, 256-foot-long concrete arch dam equipped with a 140-foot-long spillway and a release valve at the base of the dam;
(2)a 1,225-acre reservoir with a normal water surface elevation of 342 feet msl;
(3)a 7,110-foot-long power conduit consisting of:
(a)An 11.5-foot-diameter, 1,500-foot-long penstock;
(b)an 84-inch-diameter, 460-foot-long penstock;
(c)a 10-inch-diameter, 4,650-foot-long lower penstock;
(d)an 84-inch-diameter, 500-foot-long penstock;
(e)a 20-inch-diameter water supply tap;
(f)an 84-inch-diameter butterfly valve; and
(g)a 24-inch conduit drain valve;
(4)a powerhouse containing two 3,000 kW generating units;
(5)a 150-foot-long tailrace;
(6)a 5-mile-long, 69-kV transmission line; and
(7)appurtenant facilities. Two additional generating units are connected to the project power conduit as follows: The Fish Valve Unit consists of:
(1)A 36-inch-diameter wye penstock connected to the power conduit;
(2)a powerhouse containing one 670 kW generating unit;
(3)a 7,700-foot-long, 12.47-kV transmission line; and
(4)appurtenant facilities. The Pulp Mill Feeder Unit consists of:
(1)A 36-inch-diameter tee connected to the power conduit;
(2)a 36-inch-diameter, 24-foot-long penstock;
(3)a powerhouse containing one 870 kW generating unit;
(4)a 470-foot-long 4.16-kV transmission line; and
(5)appurtenant facilities. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit comments on this application. In determining the appropriate action to take, the Commission will consider all comments filed. Comments must be received on or before the specified deadline date. All filings must:
(1)bear in all capital letters the title “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the agency or other individual submitting the filing; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. o. Procedural schedule: The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. The Commission staff proposes to issue a single environmental assessment for comment rather than issuing a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in the EA. Staff intend to give at least 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the license application. Notice of the availability of the EA June 2007. Magalie R. Salas, Secretary. [FR Doc. E6-21386 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests December 11, 2006. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No:* 2210-143. c. *Date filed:* October 10, 2006. d. *Applicant:* Appalachian Power Company. e. *Name of Project:* Smith Mountain Pumped Storage Project. f. *Location:* The project is located on the Roanoke River, in Bedford, Pittsylvania, Franklin, and Roanoke Counties, Virginia. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and § § 799 and 801. h. *Applicant Contact:* Teresa P. Rogers, Hydro Generation Department, Appalachian Power, P.O. Box 2021, Roanoke, VA 24022-2121,
(540)985-2441. i. *FERC Contact:* Brian Romanek at 202-502-6175, or e-mail: *Brian.Romanek@ferc.gov.* j. *Deadline for filing comments and or motions:* January 12, 2007. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-2210-143) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Application:* The licensee requests a variance be granted to Willard Companies (Willard) for the construction of four floating docks accommodating 17 boats and to maintain an existing boat ramp, all of which would serve a residential community, known as “The Farms at Smith Mountain Lake” (located in Franklin County near Rocky Mount, Virginia). The licensee is requesting the variance because the proposed action is not in conformance with the approved project Shoreline Management Plan (SMP). The SMP does not allow for a boat ramp in conjunction with the allowable number of community docks at this site. Willard proposes to reduce the number of allowable boat docks from 48 to 17 along the 2,400 linear feet of shoreline fronting the community and to maintain the existing boat ramp. In addition, Willard proposes to stabilize 1,500 linear feet of shoreline with rip rap. l. *Location of Application:* The filing is available for review at the Commission in the Public Reference Room, located at 888 First Street, NE, Room 2A, Washington, DC 20426, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online support at *FERCOnlineSupport@ferc.gov* or toll free
(866)208-3676 or TTY, contact
(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. 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. Magalie R. Salas, Secretary. [FR Doc. E6-21416 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application To Amend License and Soliciting Comments, Motions to Intervene, and Protests December 11, 2006. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands and waters. b. *Project No.:* 271-103. c. *Date Filed:* November 22, 2006. d. *Applicant:* Entergy Arkansas, Inc. (Entergy). e. *Name of Project:* Carpenter-Remmel Project. f. *Location:* The project is located on the Quachita River in Hot Springs and Garland Counties, Arkansas on Hamilton Lake. The project does not occupy any Federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Blake Hogue, Hydro Operations, Entergy Arkansas, Inc., 141 West County Line Road, Malvern, AR 72104. Phone:
(501)844-2197. i. *FERC Contact:* Gina Krump, *gina.krump@ferc.gov* , 202-502-6704. j. *Deadline for filing comments and or motions:* January 12, 2007. All documents (original and eight copies) should be filed with Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. Please reference “Carpenter-Remmel Project, FERC Project No. 271-103” on any comments or motions filed. k. *Description of the Application:* Entergy requests Commission approval to permit Casa Linda, LLC to construct a non-commercial marina with a total of five boat slips measuring 10-feet wide by 24-feet long with four-foot-wide fingers. Additionally, two 16 foot by 16 foot swim docks will to be placed on each end of the outer boat slips, as well as a boardwalk measuring approximately 400 feet long by 5 feet wide. All facilities will be uncovered-stationary, wooden structures. l. *Locations of the Application:* This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “E-library” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676, or for TTY, contact
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E6-21417 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice December 8, 2006. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication. Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is an off-the-record communication recently received by the Secretary of the Commission. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Exempt: Docket No. Date received Presenter or requester P-2216-066 11-30-06 Advisory Council on Historic Preservation. Magalie R. Salas, Secretary. [FR Doc. E6-21388 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM06-22-000] Mandatory Reliability Standards for Critical Infrastructure Protection; Notice of Comment Period December 11, 2006. On August 28, 2006, the North American Electric Reliability Council, on behalf of its wholly-owned subsidiary, the North American Electric Reliability Corporation (collectively NERC), filed eight proposed Reliability Standards concerning Critical Infrastructure Protection
(CIP)for Commission approval, pursuant to its role as the Electric Reliability Organization
(ERO)under section 215 of the Federal Power Act (FPA). On September 18, 2006, the Commission issued a notice announcing that it established a new rulemaking proceeding, Docket No. RM06-22-000, to address the proposed CIP Reliability Standards. 1 1 In addition, the Notice explained that nineteen other new and revised proposed Reliability Standards submitted by NERC in the same August 28, 2006 filing would be addressed in Docket No. RM06-16-000. Concurrent with today's notice, the Commission is releasing a staff preliminary assessment of the eight proposed CIP Reliability Standards. This assessment is a preliminary technical analysis by staff and does not offer legal conclusions or recommend any particular action to be taken by the Commission. The Commission will issue a Notice of Proposed Rulemaking
(NOPR)with its proposal on each Reliability Standard after receiving comments on the staff preliminary assessment. Interested persons will also have an opportunity to file comments on the NOPR. NERC should respond to this preliminary assessment by February 12, 2007. We also invite other interested persons to file comments on the staff preliminary assessment by the comment date. Comments should respond to issues discussed in the preliminary assessment in the order in which they appear, and take care to identify which issue, Reliability Standard, or specific provision of a Reliability Standard is being addressed. Commenters may also address related issues not raised in the staff preliminary assessment to assist the Commission to make more informed decisions regarding the proposed CIP Reliability Standards. The Commission encourages electronic submission of comments using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of their comments to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The staff preliminary assessment 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 February 12, 2007. Magalie R. Salas, Secretary. [FR Doc. E6-21412 Filed 12-14-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8256-5] Agency Information Collection Activities OMB Responses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This document announces the Office of Management and Budget's
(OMB)responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et. seq.* ). 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. FOR FURTHER INFORMATION CONTACT: Susan Auby
(202)566-1672, or e-mail at *auby.susan@epa.gov* and please refer to the appropriate EPA Information Collection Request
(ICR)Number. SUPPLEMENTARY INFORMATION: OMB Responses to Agency Clearance Requests OMB Approvals EPA ICR No. 2243.01; Procedures for Implementing NEPA; was approved 11/15/2006; OMB Control Number 2020-0033; expires 05/31/2007. Short Term Extension EPA ICR No. 0168.08; NPDES and Sewage Sludge Management State Programs; in 40 CFR part 122, 40 CFR 123.21-123.24, 40 CFR 123.26-123.29, 40 CFR 123.43-123.45, 40 CFR 123.62-123.64, 40 CFR 124.53-124.54, 40 CFR part 125, 40 CFR part 501, 40 CFR 123.26(e), 40 CFR 123.26(e)(5), 40 CFR 123.41(a), 40 CFR 501.21, 40 CFR 501.34, 40 CFR 501.11, 40 CFR 501.16, 40 CFR 123.26(b)(2) and (3), 40 CFR 124.53 and 124.54, 40 CFR 123.43 and 123.44, 40 CFR 501.14, 40 CFR 123.45, 40 CFR 501.21, 40 CFR 123.21, 40 CFR 123.64, 40 CFR 123.26(b)(1),
(2)and(3), 40 CFR 123.43 and 123.44(i); OMB Number 2040-0057; on 11/21/2006, OMB extended the expiration date through 12/31/2006. EPA ICR No. 2178.01; Market-based Stormwater Management in the Shepherd Creek Watershed in Cincinnati, OH; OMB Number 2080-0076; on 11/30/2006, OMB extended the expiration date through 03/31/2007. EPA ICR No. 0220.09; Clean Water Act Section 404 State-Assumed Programs; in 40 CFR 233.10-233.14, 40 CFR 233.20-233.21, 40 CFR 233.30, 40 CFR 233.50, 40 CFR 233.52; OMB Number 2040-0168; on 11/21/2006, OMB extended the expiration date through 01/31/2007. Dated: December 8, 2006. Richard T. Westlund, Acting Director, Collection Strategies Division. [FR Doc. E6-21419 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8257-2] California State Nonroad Engine and Vehicle Pollution Control Standards; Decision of the Administrator AGENCY: Environmental Protection Agency (EPA). ACTION: Notice regarding authorization of California small off-road engine emission standards. SUMMARY: EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(e), is granting California its request for an authorization of its small off-road engine emission standards for 2007 and subsequent model years (SORE). By letter dated April 11, 2005, the California Air Resources Board
(CARB)requested that EPA grant California an authorization (sometimes referred to as a waiver of federal preemption) for its SORE regulations which set forth amended exhaust emission standards and new evaporative emission standards and associated test procedures for Class I and Class II small off-road engines for 2007 and subsequent model years. ADDRESSES: The Agency's Decision Document, containing an explanation of the Assistant Administrator's decision, as well as all documents relied upon in making that decision, including those submitted to EPA by CARB, are available at EPA's Air and Radiation Docket and Information Center (Air Docket). Materials relevant to this decision are contained in Docket No. EPA-HQ-OAR-2005-0133. The docket is located at The Air Docket, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460, and may be viewed between 8 a.m. and 5:30 p.m., Monday through Friday. The telephone is
(202)566-1742. A reasonable fee may be charged by EPA for copying docket material. Additionally, an electronic version of the public docket is available through the Federal government's electronic public docket and comment system. You may access EPA dockets at *http://www.regulations.gov* . After opening the *www.regulations.gov* Web site, select “Environmental Protection Agency” from the pull-down Agency list, then scroll to “Keyword or ID” and enter EPA-HQ-OAR-2004-0133 to view documents in the record of the SORE authorization request. Although a part of the official docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and Innovative Strategies Division, U.S. Environmental Protection Agency, Ariel Rios Building (6405J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone:
(202)343-09256. E-Mail Address: *Dickinson.David@EPA.GOV* . SUPPLEMENTARY INFORMATION: I have decided to grant California an authorization pursuant to section 209(e) of the Act for the SORE regulations. 1 As explained in the Decision Document supporting today's decision, I have decided to grant a full authorization for all of the SORE regulation despite CARB's request that some portions be considered within the scope of previous authorization determinations. As also explained in the Decision Document, EPA received a series of comments supporting CARB's request for an authorization and received comments from one commenter that conditionally supported the authorization and raised other concerns but did not represent that such other concerns should be the basis for denying or delaying the authorization. For the reasons set forth below and further discussed in the Decision Document, EPA is granting CARB's request for authorization for its SORE regulations. 1 The CARB Board approved the SORE regulations by Resolution 03-24. Section 209(e)(1) of the Act addresses the permanent preemption of any State, or political subdivision thereof, from adopting or attempting to enforce any standard or other requirement relating to the control of emissions for certain new nonroad engines or vehicles. Section 209(e)(2) of the Act requires the Administrator to grant California authorization to enforce state standards for new nonroad engines or vehicles which are not listed under section 209(e)(1), subject to certain restrictions. On July 20, 1994, EPA promulgated a regulation that sets forth, among other things, the criteria, as found in section 209(e)(2), by which EPA must consider any California authorization requests for new nonroad engines or vehicle emission standards. The regulations found at 40 CFR part 85, subpart Q, § 85.1605 provides:
(a)The Administrator shall grant the authorization if California determines that its standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards.
(b)The authorization shall not be granted if the Administrator finds that:
(1)The determination of California is arbitrary and capricious;
(2)California does not need such California standards to meet compelling and extraordinary conditions; or
(3)California standards and accompanying enforcement procedures are not consistent with section 209. As stated in the preamble to the section 209(e) rule, EPA has interpreted the requirement that “California standards and accompanying enforcement procedures are not consistent with section 209” to mean that California standards and accompanying enforcement procedures must be consistent with section 209(a), section 209(e)(1), and section 209(b)(1)(C), as EPA has interpreted that subsection in the context of motor vehicle waivers. 2 In order to be consistent with section 209(a), California's nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. Secondly, California's nonroad standards and enforcement procedures must be consistent with section 209(e)(1), which identifies the categories permanently preempted from state regulation. 2 *See* 59 FR 36969, 36983 (July 20, 1994). Finally, because California's nonroad standards and enforcement procedures must be consistent with section 209(b)(1)(C), EPA will review nonroad authorization requests under the same “consistency” criteria that are applied to motor vehicle waiver requests. Under section 209(b)(1)(C), the Administrator shall not grant California a motor vehicle waiver if he finds that California “standards and accompanying enforcement procedures are not consistent with section 202(a)” of the Act. Previous decisions granting waivers of Federal preemption for motor vehicles have stated that State standards are inconsistent with section 202(a) if there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period or if the Federal and State test procedures impose inconsistent certification requirements. Congress further directed EPA to “give appropriate consideration to safety factors (including the potential increased risk of burn or fire) associated with compliance with the California standard” when considering any request from California to authorize the state to adopt or enforce standards or other requirements relating to the control of emission from new non-road spark-ignition engines smaller than 50 horsepower. 3 3 *See* Fiscal Year 2004 Omnibus Appropriations Act (Pub. L. 108-109 division G section 428). CARB determined that its SORE standards do not cause California's standards, in the aggregate, to be less protective of public health and welfare than the applicable Federal standards. No information has been submitted to demonstrate that California's standards, in the aggregate, to be less protective than the applicable Federal standards. Thus, EPA cannot make a finding that CARB's determination that its SORE standards are, in the aggregate, at least as protective of public health and welfare as applicable Federal standards to be arbitrary and capricious. CARB has continually demonstrated the existence of compelling and extraordinary conditions justifying the need for its nonroad pollution control program, which includes the SORE regulations. No information has been submitted to demonstrate that California no longer has a compelling and extraordinary need for its own program. Therefore, I agree that California continues to have compelling and extraordinary conditions, thus I cannot deny the authorization on the basis of the lack of compelling and extraordinary conditions. CARB has determined that its SORE regulations are not inconsistent with section 209(a)—they do not regulate new motor vehicles or new motor vehicle engines. No information has been submitted opposing this determination. Therefore, I agree that California's SORE regulations are consistent with section 209(a). CARB has determined that its SORE regulations are not inconsistent with section 209(e)(1)—they do not regulate new engines which are used in construction equipment or vehicles or used in farm equipment or vehicles which are smaller than 175 horsepower. No information has been submitted opposing this determination. As explained in the Decision Document, pressure washers are included in CARB's SORE regulation and are found not to be inconsistent with section 209(e)(1). CARB has determined that its SORE regulations are not inconsistent with section 209(b)(1)(C) as EPA has implemented that subsection in the context of motor vehicles. CARB has determined that it has provided adequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time period. Comment was received stating that “phase-in flexibility” was required by equipment manufacturers in order to successfully transition into model years where new emission standards apply. As explained in the Decision Document EPA believes that California has adequately addressed this concern. No information was submitted to suggest that CARB's certification requirements, including test procedures, are inconsistent with applicable federal certification requirements. Therefore I cannot find that CARB's SORE regulations are inconsistent with section 202(a). As explained in the Decision Document, EPA has considered safety factors, including the potential increased risk of burn or fire, both in the context of satisfying the statutory criteria of section 209(e) and in the context of the language in the 2004 Omnibus Appropriation Act. In either context, EPA finds that issues of safety risks have been adequately addressed by California and safety factors do not prevent EPA from authorizing California's regulations. EPA agrees with all CARB findings with regard to the provisions listed. Additionally, no information was presented to EPA by any party which would demonstrate that California did not meet the burden of satisfying the statutory criteria of section 209(e). For these reasons, EPA authorizes California to enforce the SORE regulations. My decision will affect not only persons in California but also the manufacturers outside the State who must comply with California's requirements in order to produce nonroad engines and vehicles for sale in California. For this reason, I hereby determine and find that this is a final action of national applicability. Under section 307(b)(1) of the Act, judicial review of this final action may be sought only in the United States Court of Appeals for the District of Columbia Circuit. Petitions for review must be filed by February 13, 2007. Under section 307(b)(2) of the Act, judicial review of this final action may not be obtained in subsequent enforcement proceedings. As with past authorization decisions, this action is not a rule as defined by Executive Order 12866. Therefore, it is exempt from review by the Office of Management and Budget as required for rules and regulations by Executive Order 12866. In addition, this action is not a rule as defined in the Regulatory Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a supporting regulatory flexibility analysis addressing the impact of this action on small business entities. Finally, the Administrator has delegated the authority to make determinations regarding authorizations under section 209(e) of the Act to the Assistant Administrator for Air and Radiation. Dated: December 11, 2006. William L. Wehrum, Acting Assistant Administrator for Air and Radiation. [FR Doc. E6-21378 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8256-6] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address lawsuits filed by Pasadena Refining Systems, Inc. (“Petitioner”) in the United States Court of Appeal for the Fifth Circuit: *Pasadena Refining Systems, Inc.* v. *EPA,* No. 04-60982 and No. 05-60551 (Fifth Cir.). Petitioner requested judicial review of various letters sent by EPA officials in which the EPA officials responded to PRSI's request to determine whether PRSI would qualify for small refiner status under 40 CFR 80.550 of EPA's Nonroad Diesel regulations. Petitioners also requested judicial review of EPA's decision to approve, in part, PRSI's request for hardship relief under 40 CFR 80.560 of EPA's Nonroad Diesel regulations. DATES: Written comments on the proposed settlement agreement must be received by January 16, 2007. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-OGC-2006-0932, online at *http://www.regulations.gov* (EPA's preferred method); by e-mail to *oei.docket@epa.gov;* mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Gretchen Graves, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone:
(202)564-5581; fax number
(202)564-5603; e-mail address: *graves.gretchen@epa.gov.* SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement PRSI, the purchaser of the Crown Central Petroleum refinery at Pasadena, Texas, requested judicial review of various letters sent by EPA officials in response to an inquiry from PRSI to determine whether PRSI would qualify for small refiner status under 40 CFR 80.550 of EPA's Nonroad Diesel regulations. Petitioners also requested judicial review of EPA's decision to approve, in part, PRSI's request for hardship relief under 40 CFR 80.560 of EPA's Nonroad Diesel regulations. The proposed settlement would resolve these lawsuits. The proposed settlement agreement is available for review in the docket described above. For a period of thirty
(30)days following the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement agreement from persons who were not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines, based on any comment which may be submitted, that consent to the settlement agreement should be withdrawn, the terms of the agreement will be affirmed. PRSI has claimed that a dollar amount contained in section A.5 of the attached compliance plan contains confidential business information (“CBI”). EPA has not determined whether the term is entitled to confidential treatment under EPA's Freedom of Information Act regulations. 40 CFR part 2, subpart B. According to our regulations, EPA can not release information claimed as confidential before a CBI determination is made. *Id.* Therefore, EPA has redacted that term for purposes of this notice, based on this claim. EPA invites comment on all aspects of the proposed settlement and the appropriateness of its terms, including comments regarding the appropriate dollar amount to include in section A.5. II. Additional Information About Commenting on the Proposed Settlement A. How Can I Get a Copy of the Settlement? The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2006-0932) contains a copy of the settlement. An electronic version of the public docket is available through *http://www.regulations.gov* . You may use the www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. B. How and To Whom Do I Submit Comments? Direct your comments to the official public docket for this action under Docket ID No. EPA-HQ-OGC-2006-0932. You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the *www.regulations.gov* Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through *www.regulations.gov* , your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at *http://www.regulations.gov* without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. Dated: December 7, 2006. Richard B. Ossias, Associate General Counsel. [FR Doc. E6-21377 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6682-2] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 7, 2006 (71 FR 17845). Draft EISS EIS No. 20060295, ERP No. D-BLM-J65468-WY, Casper Field Office Planning Area Resource Management Plan, Implementation, Natrona, Converse, Goshen, and Platte Counties, WY. *Summary:* EPA supports BLM's goal to update the RMP based on emerging issues and changing circumstances and appreciates efforts to address impacts to wetlands, riparian habitat, and water quality, but had environmental concerns about impacts to these resources and the Final EIS should include additional mitigation measures. Rating EC2. EIS No. 20060311, ERP No. D-NPS-J61110-UT, Utah Museum of Natural History, Construction and Operation, New Museum Facility at University of Utah, Salt Lake City, UT. *Summary:* EPA does not object to the proposed action. Rating LO. EIS No. 20060362, ERP No. D-NOA-L91028-AK, Alaska Groundfish Harvest Specifications Project, Establish Harvest Strategy for the Bering Sea and Aleutian Islands
(BSAI)and Gulf of Alaska
(GOA)Groundfish Fisheries, AK. *Summary:* EPA expressed environmental concerns because the preferred alternative would have greater impacts to target and non-target species than other alternatives, and requested additional information on how environmental justice requirements were met. Rating EC2. EIS No. 20060374, ERP No. D-AFS-J65472-CO, Bull Mountain Natural Gas Pipeline, Construct, Operate and Maintain Natural Gas Pipeline, Issuance of Right-of-Way Grant and Temporary Use Area Permits, Gunnison, Delta, Mesa, Garfield Counties, CO. *Summary:* EPA expressed environmental concerns about potential adverse impacts to wetlands and riparian areas, vegetation, air and water quality, and off-road vehicle and inventoried road-less area aspects within the pipeline disturbance corridor, and suggests that the Final EIS include additional BMPs that avoid or reduce impacts. Rating EC2. EIS No. 20060420, ERP No. DS-AFS-F65047-IN, German Ridge Restoration Project, New Information on 2006 Land and Resource Management Plan and on the Inadequate Effects Analysis, Implementation, Hoosier National Forest, Tell City Ranger District, Perry County, IN. *Summary:* EPA expressed environmental concerns and recommended the FEIS include additional analysis focusing on quantity of habitat types affected/created by proposed management activities at the project, cumulative impacts, and forest levels. Rating EC2. Final EISs EIS No. 20060371, ERP No. F-BLM-J65432-CO, Roan Plateau Resource Management Plan Amendment, Including Former Naval Oil Shale Reserves 1 and 3, Garfield and Rio Blanco Counties, CO. *Summary:* EPA continues to have environmental concerns about potential adverse impacts from increased access to the top of the Roan Plateau, fragmentation of critical winter habitat for mule deer (base of plateau), maintaining areas with wilderness characteristics, and adverse impacts from sedimentation on the Colorado cutthroat. EIS No. 20060396, ERP No. F-NPS-J65442-WY, Grand Teton National Park Transportation Plan, Implementation, Grand Teton National Park, Teton County, WY. *Summary:* EPA continues to have environmental concerns about the NPS's wetland impairment classification process and potential for adverse impacts to wetlands from the selected alternative. EIS No. 20060398, ERP No. F-AFS-J65460-UT, Upper Strawberry Allotments Grazing, Authorize Livestock Grazing, Hebert Ranger District, Pinta National Forest, Wasatch County, UT. *Summary:* EPA's environmental concerns about adverse impacts from cattle grazing on riparian habitat and water quality have been addressed by the development of a more comprehensive Adaptive Management Plan; therefore, EPA does not object to the proposed action. EIS No. 20060447, ERP No. F-BLM-K08031-00, Devers-Palo Verde No. 2 Transmission Line Project, Construction and Operation of a New 230-mile 500 kV Electric Transmission Line between Devers Substation in California and Harquahala Generating Substation in Arizona. *Summary:* The Final EIS addressed EPA's concerns with potential cumulative impacts to air quality, and compliance with CWA section 404; therefore, EPA does not object to the proposed action. EIS No. 20060450, ERP No. F-NRS-B36026-MA, Cape Cod Water Resources Restoration Project, Restore Degraded Salt Marshes, Restore Anadromous Fish Passages, and Improve Water Quality for Shellfishing Area, Cape Cod, Barnstable County, MA. *Summary:* EPA does not object to the project. EIS No. 20060439, ERP No. FS-AFS-K65184-CA, Rock Creek Recreational Trails Project, Updated Information on Habitat Status and Population Trend for the Pacific Deer Herd, Implementation, Eldorado National Forest, Eldorado County, CA. *Summary:* No formal comment letter was sent to the preparing agency. Dated: December 12, 2006. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E6-21407 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6682-1] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information
(202)564-7167 or *http://www.epa.gov/compliance/nepa/* . Weekly receipt of Environmental Impact Statements Filed 12/05/2006 Through 12/08/2006 Pursuant to 40 CFR 1506.9. *EIS No. 20060501, Draft EIS, BLM, 00* , Yuma Field Office
(YFO)Resource Management Plan, Provide Direction Managing Public Lands, Implementation, Yuma, La Paz and Maricopa Counties, AZ and Imperial and Riverside Counties, CA, Comment Period Ends: 03/15/2007, Contact: Micki Bailey 928-317-3215. *EIS No. 20060502, Draft EIS, NPS, CA* , Giacomini Wetland Restoration Project, Propose to Restore Natural Hydrologic and Ecological Processes, Golden Gate National Recreation Area, Point Reyes National Seashore, Marin County, CA, Comment Period Ends: 01/29/2007, Contact: Loraine Parsons 415-464-5100. *EIS No. 20060503, Final EIS, FHW, 00* , Interstate 69 Section of Independent Utility #9, Construction from the Interstate 55/MS State Route 304 Interchange in Hernando, MS to the Intersection of U.S. 51 and State Route 385 in Millington, TN, Desoto and Marshall Counties, MS and Shelby and Fayette Counties, TN, Wait Period Ends: 01/16/2007, Contact: Karen M. Brunelle 615-781-5772. *EIS No. 20060504, Final EIS, IBR, CA* , South Delta Improvements Program, To Improve Water Quality, Water Conveyance, and Fish Habitat Conditions, Central Valley Project, U.S. Army COE Section 404 Permit, South Sacramento-San Joaquin River Delta, Several Counties, CA, Wait Period Ends: 01/16/2007, Contact: Sharon McHale 916-978-5086. *EIS No. 20060505, Draft EIS, NOA, 00* , South Atlantic Snapper Grouper Fishery, Amendment 14 to Establish Eight Marine Protected Areas in Federal Waters, Implementation, South Atlantic Region, Comment Period Ends: 01/29/2007, Contact: Cristi Reid 301-713-1622 Ext 206. *EIS No. 20060506, Final EIS, COE, SC* , Charleston Naval Complex (CNC), Proposed Construction of a Marine Container Terminal, Cooper River in Charleston Harbor, City of North Charleston, Charleston County, SC, Wait Period Ends: 01/16/2007, Contact: Nathaniel I. Ball 1-866-329-8187. *EIS No. 20060507, Draft EIS, FHW, UT* , South Logan to Providence Transportation Corridor Project, Improvements to 100 East Street between 300 South (Logan) to Providence Lane (100 North) in Providence, Funding and Right-of Way Grant, Cities of Logan and Providence, Cache County, UT, Comment Period Ends: 01/29/2007, Contact: Todd Emery 801-963-0078 Ext 235. *EIS No. 20060508, Draft Supplement, STB, TX* , Southwest Gulf Railroad Project, Additional Information to Proposed Rail Line Construction and Operation Exemption, To Transport Limestone from Vulcan Construction Materials
(VCM)Quarry to Del Rio Subdivision, Medina County, TX, Comment Period Ends: 01/29/2007, Contact: Rini Ghosh 202-565-1539. *EIS No. 20060509, Draft EIS, SFW, WA* , Hanford Reach National Monument Comprehensive Conservation Plan, Management of Monument Resources, Programs and Visitors for the next 15 years, Adams, Benton, Franklin and Grant Counties, WA, Comment Period Ends: 02/23/2007, Contact: Charles Houghten 503-231-2096. *EIS No. 20060510, Draft EIS, NRC, MA* , Generic—License Renewal of Nuclear Plants, Supplement 29 to NUREG-1437, Regarding the License Renewal of Pilgrim Nuclear Power Station, Cape Cod Bay, Town of Plymouth, Plymouth County, MA, Comment Period Ends: 02/28/2007, Contact: Alicia Williamson 301-415-1878. *EIS No. 20060511, Final EIS, DOE, 00* , Strategic Petroleum Reserve Expansion, Site Selection of Five New Sites: Chacahoula and Clovelly, in Lafourche Parish, LA; Burinsburg, Claiborne County, MS; Richton, Perry County, MS; and Stratton Ridge, Brazoria County, TX and Existing Site Bayou Choctaw, Iberville Parish, LA, West Hackberry, Cameron and Calcasieu Parishes, LA; and Big Hill, Jefferson County, TX, Wait Period Ends: 01/16/2007, Contact: Donald Silawsky 202-586-1892. *EIS No. 20060512, Draft Supplement, BLM, WY* , Pinedale Anticline Oil and Gas Exploration and Development Project, Updated Information a Proposal for Long-Term Development with Year Round Drilling, Sublette County, WY, Comment Period Ends: 02/12/2007, Contact: Matt Anderson 307-367-5328. Amended Notices *EIS No. 20060378, Draft EIS, NPS, 00* , Programmatic—Servicewide Benefits Sharing Project, To Clarify the Rights and Responsibilities of Researchers and National Park Service
(NPS)Management in Connection with the Use of Valuable Discoveries, Inventions, and Other Developments across the United States, Comment Period Ends: 01/29/2007, Contact: Susan M. Mills 307-344-2203. Revision of FR Notice Published 09/22/2006: Extending Comment Period from 12/15/2006 to 01/29/2007. *EIS No. 20060431, Draft EIS, COE, NC* , PCS Phosphate Mine Continuation, Proposes Continue Mining of the Phosphate Reserve in an Economically Viable Fashion, Beaufort County, NC, Comment Period Ends: 01/27/2007, Contact: Tom Walker 838-271-7980 Ext 222. Revision of FR Notice Published 10/20/2006; Comment Period Extended from 12/06/2006 to 01/27/2007. *EIS No. 20060449, Draft EIS, AFS, ID* , Salmon-Challis National Forest, Lost River/Lemhi Grazing Allotments, To Improve Range Condition and Trend, Lost River and Challis Ranger Districts, Salmon-Challis National Forest, Butte, Clark, Custer and Lemhi Counties, ID, Comment Period Ends: 02/02/2007, Contact: Karry Krieger 208-756-5102. Revision to FR Notice Published 11/03/2006: Extending Comment Period from 12/18/2006 to 02/02/2007. Dated: December 11, 2006. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E6-21406 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2006-0966; FRL-8106-6 Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Section 5 of the Toxic Substances Control Act
(TSCA)requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice
(PMN)or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 18, 2006 to October 13, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before January 16, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)no. EPA-HQ-OPPT-2006-0966, by one of the following methods. • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO, EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2006-[insert Docket ID no.]. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2006-0966;. 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 regulations.gov or e-mail. The regulations.gov website is an “anonymous access” systems, 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 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. *Docket* : All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural damage due to flooding in June 2006. Although the EPA/DC is continuing operations, there will be temporary changes to the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was temporarily closed due to flooding, has been relocated in the EPA Headquarters Library, Infoterra Room (Room Number 3334) in the EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. EPA visitors are required to show photographic identification and sign the EPA visitor log. Visitors to the EPA/DC Public Reading Room will be provided with an EPA/DC badge that must be visible at all times while in the EPA Building and returned to the guard upon departure. In addition, security personnel will escort visitors to and from the new EPA/DC Public Reading Room location. Up-to-date information about the EPA/DC is on the EPA web site at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division, Office of Pollution Prevention and Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the 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 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
(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 the estimate. vi. Provide specific examples to illustrate your concerns, and suggested 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. Why is EPA Taking this Action? Section 5 of TSCA requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a PMN or an application for a TME and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 18, 2006 to October 13, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. III. Receipt and Status Report for PMNs This status report identifies the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. If you are interested in information that is not included in the following tables, you may contact EPA as described in Unit II. to access additional non-CBI information that may be available. In Table I of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the PMNs received by EPA during this period: the EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer; the potential uses identified by the manufacturer in the PMN; and the chemical identity. **I. 75 Premanufacture Notices Received From: 09/18/06 to 10/13/06** Case No. Received Date Projected Notice End Date Manufacturer/Importer Use Chemical P-06-0805 09/18/06 12/16/06 Cytec Industries Inc.
(G)Mining chemical reagent
(G)Modified thiocarbamate P-06-0806 09/18/06 12/16/06 Clearwater International LLC d/b/a Weatherford Engineered Chemistry
(S)Flow enhancer and fines migration reduction of post slick water jobs (enhanced oil recovery); flow enhancer and fines migration reduction of post fracturing jobs (enhanced oil recovery); formation treatment of post stimulation jobs (enhanced oil recovery)
(G)Phosphate ester alkyl pyridine salt P-06-0807 09/19/06 12/17/06 CBI
(G)Textile colorant
(G)Substituted phenylazo naphthalenesulfonic acid P-06-0808 09/18/06 12/16/06 Xerox Corporation
(G)Open, non-dispersive use as a constituent in solid, crayon like inks for computer printers
(G)Polyamide resin P-06-0809 09/20/06 12/18/06 CBI
(G)Radiation cured coating
(G)Amine modified acrylic ester P-06-0810 09/20/06 12/18/06 Nation Ford Chemical Company
(S)Destructive use as chemical intermediate
(S)2,5-cyclohexadiene-1,4-dione, 2,5-dichloro-3,6-bis[(9-ethyl-9h-carbazol-3-yl)amino]- P-06-0811 09/20/06 12/18/06 CBI
(S)Monomer for the synthesis of specialty polymer
(G)Substituted bicyclic olefin P-06-0812 09/20/06 12/18/06 CBI
(G)Surface treatment agent
(G)Fluoropolyether derivative fluoronated polyurethane resin P-06-0813 09/19/06 12/17/06 CBI
(G)Additive for pigment dispersion
(G)Poly (oxyalkanediyl) ,.alpha.,.alpha,′-carbomonocycledicarbonyl bis (.omega.-alkyloxy-) P-06-0814 09/19/06 12/17/06 CBI
(G)Additive for pigment dispersion
(G)Poly (oxyalkanediyl) , .alpha.,.alpha,′.alpha.′′-carbomonocycletricarbonyl tris (.omega.-alkyloxy-) P-06-0815 09/19/06 12/17/06 Nyco Minerals, Inc.
(S)Filter for thermoplastic resins
(S)1,2-ethanediamine, *N* -[3-(trimethoxysilyl)propyl]-, hydrolysis products with wollastonite (ca(si03)) P-06-0816 09/21/06 12/19/06 CBI
(G)Hydrophobic surface active agent for cellulosic substrates and similar materials
(G)Modified reaction products of alkyl alcohol, halogenated alkane, substituted epoxide, and amino compound P-06-0817 09/22/06 12/20/06 CBI
(S)Fluorescent brightener for use in cellulosic paper applications
(G)Substituted benzene sulfonic acid, salt reaction product with phenylamine and amino alcohol and substituted propaneamide compounds with amino alcohol P-06-0818 09/22/06 12/20/06 CBI
(G)Polymer for injection molding and extrusion
(G)Benzoic acid, 2,2′-[substituted]bis-, dimethyl ester, polymer with 1,4-benzenediol, (substituted) 1,4-benzenediol and 4,4′-(1-substituted)bis[phenol] P-06-0819 09/22/06 12/20/06 CBI
(G)Polymer for injection molding and extrusion
(G)Benzoic acid, 2,2′-[substituted]bis-, dimethyl ester, polymer with 1,4-benzenediol, and 4,4′ (substituted) bis[phenol] P-06-0820 09/22/06 12/20/06 CBI
(G)Contained use in energy production
(G)Trisubstituted triazine P-06-0821 09/22/06 12/20/06 CBI
(S)Reactive diluent in ultra violet formulations
(G)Alkoxylated pentaerythritol acrylate P-06-0822 09/22/06 12/20/06 CBI
(G)Acrylic binder
(G)Acrylic copolymer P-06-0823 09/25/06 12/23/06 CBI
(S)Aqueous dispersion of polymer for leather finishing
(G)Alkanedioic acid, polymer with alkanediol, carbocycledicarboxylic acid, carbocycle-isocyanato-(isocyanatoalkyl)-trialkyl-, carbocycle alkylenebis[isocyanato-, alkanoic acid, hydroxy-(hydroxyalkyl)-alkyl-, trialkylamine, and 1,2-alkyldiamine P-06-0824 09/25/06 12/23/06 CBI
(S)Aqueous dispersion of polymer for leather finishing
(G)2-propenoic acid, polymer with cyanoalkene, alkenoic acid alkyl ester, alkylalkenamide, methylolmethacrylamide, and an alkenyl benzene P-06-0825 09/25/06 12/23/06 CBI
(S)Aqueous dispersion of polymer for leather finishing
(G)Oxepanone, polymer with dialkyl-alkanediol, alkyl-(hydroxyaalkyl)-alkanediol, carbocycle, isocyanato-(isocyanatoalkyll)-trialkyl-, alkanoic acid, hydroxy-(hydroxyalkyl)-alkyl-, alkylamine, *N,N* -dialkyl-, aminoalkyl-trialkylcarbocyclicamine, and alkyldiamine P-06-0826 09/25/06 12/23/06 CBI
(G)Stabilizer for emulsion polymers
(G)Seed-oil based surfactant P-06-0827 09/26/06 12/24/06 CBI
(G)Fuel additive
(G)Heterocycle amine, *N* -heterocycle, monoammonium salt P-06-0828 09/27/06 12/25/06 CBI
(G)Dispersive use in cooling water treatment
(G)Polyacrylate terpolymer salt P-06-0829 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, canola-oil, me esters P-06-0830 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, rape-oil, me esters P-06-0831 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, corn-oil, me esters P-06-0832 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, palm-oil, me esters P-06-0833 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, peanut-oil, me esters P-06-0834 09/27/06 12/25/06 Archer Daniels Midland Company
(G)Petrochemical replacement
(S)Fatty acids, linseed-oil, me esters P-06-0835 09/28/06 12/26/06 CBI
(G)Additive, open, non-dispersive use
(G)Polyester urethane copolymer P-06-0836 09/28/06 12/26/06 CBI
(G)Additive, open, non-dispersive use
(G)Polyester urethane copolymer P-06-0837 09/28/06 12/26/06 CBI
(G)Additive, open, non-dispersive use
(G)Polyester urethane copolymer P-06-0838 09/28/06 12/26/06 CBI
(G)Additive, open, non-dispersive use
(G)Polyester urethane copolymer P-06-0839 09/29/06 12/27/06 CBI
(G)Flame retardants for plastics and resins
(G)Phenoxyphosphazene oligomer P-07-0001 10/02/06 12/30/06 Mane, USA
(G)Perfumery ingredient
(G)Cilandrane P-07-0002 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Fatty acids, C <sup>16</sup> -C <sup>18</sup> and C <sup>18</sup> unsaturated, esters with mixed diols and triols P-07-0003 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Mixed polyol - glycerol fatty acid ester P-07-0004 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Mixed polyol - glycerol fatty acid ester P-07-0005 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Mixed polyol - glycerol fatty acid ester P-07-0006 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Mixed polyol - glycerol fatty acid ester P-07-0007 10/03/06 12/31/06 CBI
(G)Film forming aid for paint formulations; film forming aid for ink formulations
(G)Mixed polyol - glycerol fatty acid ester P-07-0008 10/02/06 12/30/06 Ashland Inc., Environmental Health and Safety
(G)Adhesive
(G)Benzene, 1,1′-methylenebis[4-isocyanato-, polymer with oxirane, methyl-, polymer with oxirane, ether with 1,2-propanediol; poly[oxy(methyl-1,2-ethanediyl)], .alpha., .alpha.′,.alpha.′′-1,2,3-propanetriyltris[.omega.-hydroxy-; hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, 1,6-hexanediol and 2,2′-oxybis[ethanol]; hydrocarbons, C <sup>9</sup> -unsaturated., polymers and phenol; and krasol P-07-0009 10/04/06 01/01/07 CBI
(S)Polyurethane coating
(G)Aqueous polyurethane dispersion P-07-0010 10/04/06 01/01/07 CBI
(G)Additive, open, non-dispersive use
(G)Styrene-maleic anhydride copolymer, reaction products with polyether, salt with alkanolamin P-07-0011 10/04/06 01/01/07 CBI
(G)Antioxidant
(G)Alkylated phenol P-07-0012 10/04/06 01/01/07 CBI
(S)Resin for inks, coatings and adhesives
(G)Ethanol capped polyether polyurethane P-07-0013 10/05/06 01/02/07 CBI
(G)Thermoplastic resin processing aid for rubber manufacture
(G)Alkylphenol novolak modified with amine and epoxy P-07-0014 10/05/06 01/02/07 CBI
(G)Radiation-curable wood, paper and metal coatings, such as wood varnishes, overprint varnishes for paper, and metal coatings
(G)Polyester polyurethane acrylate oligomer P-07-0015 10/05/06 01/02/07 CBI
(S)Reactive dye for cellulosic fibers
(G)Substituted naphthalenedisulfonic acid, substituted amino azo]-, sodium salt (same generic name for both isomers) P-07-0016 10/06/06 01/03/07 Croda Inc.
(G)Fabric care softening agent
(G)Hydrolyzed wheat silicone copolymer P-07-0017 10/06/06 01/03/07 CBI
(G)Siloxane parts of this new material have water repellent effect and hydroxy or alkoxy group of this new material reacts with surface of frame retardant materials to make water repellent coating
(G)Aminoalkoxysiloxane, acetates (salts) P-07-0018 10/06/06 01/03/07 Ashland Inc., Environmental Health and Safety
(G)Fiberglass reinforced boat hulls
(G)1,3-propanediol, 2,2-dimethyl-, polymer with cycloalkyl diisocyanate, 2,2-bis[(2-propenyloxy)methyl]-1-butanol-blocked P-07-0019 10/06/06 01/03/07 Ashland Inc., Environmental Health and Safety
(G)Fiberglass reinforced boat hulls
(G)1,2-ethanediol, polymer with cycloalkyl diisocyanate, 2,2-bis[(2-propenyloxy)methyl]-1-butanol-blocked P-07-0020 10/06/06 01/03/07 Ashland Inc., Environmental Health and Safety
(G)Fiberglass reinforced boat hulls
(G)Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with cycloalkyl diisocyanate, 2,2′-bis[(2-propenyloxy)methyl]-1-butanol-blocked P-07-0021 10/10/06 01/07/07 CIBA Specialty Chemicals Corporation
(S)Flame retardant for polymers
(G)Phenol, 2,4-bis(1,1-branched alkyl)-, phosphate (3:1) P-07-0022 10/10/06 01/07/07 CBI
(S)Polyurethane coating
(G)Aqueous polyurethane dispersion P-07-0023 10/10/06 01/07/07 CBI
(S)Polyurethane coating
(G)Aqueous polyurethane dispersion P-07-0024 10/10/06 01/07/07 CBI
(S)Emulsifier for oilfield application
(G)Alkylamine ethoxylated P-07-0025 10/10/06 01/07/07 CBI
(G)Contained use in energy production
(G)Alkyl ether trialkyl quaternary ammonium compound P-07-0026 10/10/06 01/07/07 CBI
(G)Contained use in energy production
(G)Alkyl ether trialkyl quaternary ammonium compound P-07-0027 10/11/06 01/08/07 CBI
(S)A component in ultraviolet -, visible light and electron beam curable formulations
(G)Dicarboxylic based acid, polymer with a dicarboxylate, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and 2-methyl-1,3-propanediol, 2-propenoate P-07-0028 10/12/06 01/09/07 CBI
(G)Open, non-dispersive (resin)
(G)Diphenolmethyl based polymer resin P-07-0029 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0030 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0031 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0032 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0033 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0034 10/13/06 01/10/07 CBI
(S)Electrodeposition coating for metallic substrates
(G)Amine functional epoxy based resin salted with an organic acid and grafted with anhydride P-07-0035 10/12/06 01/09/07 CBI
(G)Polymeric binder
(G)Methacrylate copolymer P-07-0036 10/12/06 01/09/07 CBI
(G)Polymeric binder
(G)Methacrylate copolymer P-07-0037 10/13/06 01/10/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, dimethyl 1,4-benzenedicarboxylate, 1,2-ethanediol and 2,2′-oxybis[ethanol], ammonium salt P-07-0038 10/13/06 01/10/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 2,2′-oxybis[ethanol] and 1,3-propanediol, ammonium salt P-07-0039 10/13/06 01/10/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,4-butanediol, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, dimethyl 1,4-benzenedicarboxylate and 2,2′-oxybis[ethanol], ammonium salt P-07-0040 10/13/06 01/10/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)2,6-naphthalenedicarboxylic acid, dimethyl ester, polymer with 1,3-benzenedicarboxylic acid, 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 1,2-ethanediol and 2,2′-oxybis[ethanol], ammonium salt In Table II of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received: **II. 19 Notices of Commencement From: 09/18/06 to 10/13/06** Case No. Received Date Commencement Notice End Date Chemical P-03-0837 09/21/06 09/07/06
(G)Aliphatic polyisocyanate P-05-0048 09/18/06 02/28/05
(G)Phthalocyanine compound P-05-0484 04/07/06 03/09/06
(G)Polyoxyethylene polyxoxypropylene polymer, reaction with cyclohexylmethane diisocyanate and polyoxyphenyl derivative P-05-0551 04/07/06 03/09/06
(G)Polyalkylene glycol alkyl ether, reaction products with allyl glycidyl ether P-05-0694 04/07/06 03/09/06
(G)Polyalkylene glycol aryl ether, reaction products with formaldehyde P-06-0092 04/07/06 03/09/06
(G)Oxirane,methyl-, polymer with oxirane, fatty acid alkyl ethers P-06-0176 09/25/06 09/05/06
(G)Acrylate ester P-06-0196 09/26/06 08/01/06
(G)Tdi prepolymer based on hybrid caprolactone polyol P-06-0200 09/21/06 09/12/06
(G)Hydroxy carboxylic acid amide, *N,N* -dialkyl derivates P-06-0272 09/27/06 09/05/06
(G)Alkylenedicarboxylic dichloride, polymer with dihydroxybenzene P-06-0288 09/27/06 09/18/06
(G)Hydroxylated diester of a triamine P-06-0366 09/18/06 09/08/06
(G)Isocyanate functional polyester polyether urethane polymer P-06-0448 09/18/06 09/07/06
(G)Fatty acid salt of alkyldiamine P-06-0463 08/17/06 07/29/06
(S)Borate(1-), bis [ethanedioato (2-)- .kappa. 01, .kappa. 02] -lithium, (t-4)- P-06-0535 09/21/06 08/22/06
(G)Ester urethane P-06-0539 09/19/06 08/22/06
(G)Methyl propylhexanol P-06-0543 09/19/06 08/22/06
(G)Methyl propylhexanol P-06-0596 09/15/06 09/07/06
(S)1h-indene, 2,3,3a,4,5,7a-hexahydro-1,1,2,3,3-pentamethyl-6-(2-propenyl)- 2h-indeno[4,5-b]furan, decahydro-2,6,6,7,8,8-hexamethyl- P-06-0606 09/27/06 09/13/06
(S)1-propanamine, 3-(triethoxysilyl)-, reaction products with boehmite (al(oh)o) List of Subjects Environmental protection, Chemicals, Premanufacturer notices. Dated: December 7, 2006. Bernice Mudd, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E6-21425 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2006-0967; FRL-8106-7] Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Section 5 of the Toxic Substances Control Act
(TSCA)requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice
(PMN)or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 16, 2006 to November 12, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before January 16, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)no. EPA-HQ-OPPT-2006-0967, by one of the following methods. • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO, EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2006-0967. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2006-0967. 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 regulations.gov or e-mail. The regulations.gov website is an “anonymous access” systems, 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 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. *Docket* : All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket, EPA Docket Center (EPA/DC). The EPA/DC suffered structural damage due to flooding in June 2006. Although the EPA/DC is continuing operations, there will be temporary changes to the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was temporarily closed due to flooding, has been relocated in the EPA Headquarters Library, Infoterra Room (Room Number 3334) in the EPA West Building, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. EPA visitors are required to show photographic identification and sign the EPA visitor log. Visitors to the EPA/DC Public Reading Room will be provided with an EPA/DC badge that must be visible at all times while in the EPA Building and returned to the guard upon departure. In addition, security personnel will escort visitors to and from the new EPA/DC Public Reading Room location. Up-to-date information about the EPA/DC is on the EPA web site at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division, Office of Pollution Prevention and Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the 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 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
(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 the estimate. vi. Provide specific examples to illustrate your concerns, and suggested 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. Why is EPA Taking this Action? Section 5 of TSCA requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a PMN or an application for a TME and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 16, 2006 to November 12, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. III. Receipt and Status Report for PMNs This status report identifies the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. If you are interested in information that is not included in the following tables, you may contact EPA as described in Unit II. to access additional non-CBI information that may be available. In Table I of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the PMNs received by EPA during this period: the EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer; the potential uses identified by the manufacturer in the PMN; and the chemical identity. **I. 46 Premanufacture Notices Received From: 10/02/06 to 11/12/06** Case No. Received Date Projected Notice End Date Manufacturer/Importer Use Chemical P-07-0041 10/17/06 01/14/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 2,2′-oxybis[ethanol] and 1,3-propanediol P-07-0042 10/17/06 01/14/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, dimethyl 1,4-benzenedicarboxylate, 1,2-ethanediol and 2,2′-oxybis [ethanol] P-07-0043 10/17/06 01/14/07 Piedmont Chemical Industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)1,3-benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 1,4-butanediol,1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, dimethyl 1,4-benzenedicarboxylate and 2,2′-oxybis[ethanol] P-07-0044 10/17/06 01/14/07 Piedmont chemical industries I, LLC
(S)Binder resin for polyester fabric knit and nonwoven; binder resin for mattress ticking polyester/polypropylene knit; binder resin for nylon strapping
(S)2,6-naphthalenedicarboxylic acid, dimethyl ester, polymer with 1,3-benzenedicarboxylic acid, 1,4-benzenedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 1,2-ethanediol and 2,2′-oxybis [ethanol] P-07-0045 10/17/06 01/14/07 CBI
(G)Open non dispersive (binder material)
(G)Polyacrylate resin P-07-0046 10/18/06 01/15/07 International flavors and fragrances, Inc.
(S)Raw material for use in fragrances for soaps, detergents, cleaners and other household products
(S)4h-indeno[4,5-d]-1,3-dioxole, 3a,5,6,7,8,8b-hexahydro- 2,2,6,6,7,8,8-heptamethyl- P-07-0047 10/17/06 01/14/07 CBI
(G)Textile colorant
(G)Di-substituted acetanilide P-07-0048 10/17/06 01/14/07 Dupont Company
(G)Raw material for polymer production
(G)Salt of amine with aliphatic acid P-07-0049 10/17/06 01/14/07 Dupont Company
(G)Extrusion compounding resin; molding resin
(G)Aliphatic polyamide P-07-0050 10/17/06 01/14/07 CBI
(G)Open non-dispersive polyurethane resin
(G)Polyester polyurethane resin based on 1,5-naphthylene diisocyanate P-07-0051 10/18/06 01/15/07 CBI
(G)Metal working fluid
(G)Polyethylene glycol ether acid P-07-0052 10/18/06 01/15/07 Huntsman International, LLC
(S)Exhaust application to cotton fabrics
(G)Benzenesulfonic acid azo benzenesulfonic acid azo substituted naphthalenesulfonic acid amino substituted triazine amino substituted phenyl sulfonyl compound P-07-0053 10/18/06 01/15/07 CBI
(S)Flavor ingredient; fragrance ingredient; cosmetic ingredient
(G)Oils, watermelon, *citrullus lanatus* P-07-0054 10/19/06 01/16/07 Henkel Corporation
(S)A component of adhesive formulations
(S)Hexanedioic acid, polymer with 1,3-diisocyanatomethylbenzene and 3-methyl-1,5-pentanediol, propylene gylcol monomethacrylate-blocked P-07-0055 10/20/06 01/17/07 CBI
(G)Additive, open, non-dispersive use
(G)2-(dimethylamino)ethyl methyl-2-propanoate, polymer with alkyl-substituted methyl-2-propanoate and aryl-substituted methyl-2-propanoate, salt with mono(alkyl-substituted polyalkoxyether)butanedioates and alkyl-substituted polyalkoxyether phosphate P-07-0056 10/23/06 01/20/07 CIBA Specialty Chemicals Corporation
(S)High molecular weight pigment dispersant for waterborne coatings
(G)Modified polyacrylate block polymer P-07-0057 10/23/06 01/20/07 Mane, USA
(G)Perfumery ingredient
(G)Alkyl substituted tetrahydro pyran P-07-0058 10/23/06 01/20/07 Firmenich Inc.
(S)Aroma for use in fragrance mixtures, which in turn are used in perfumes, soaps, cleansers, etc.
(S)3-hexene, 1-(2-butenyloxy)-, (3z)- P-07-0059 10/25/06 01/22/07 CBI
(G)Automotive coatings
(G)Cyclic acrylic polymer, peroxide initiated P-07-0060 10/27/06 01/24/07 3M
(G)Monomer
(G)Aliphatic acrylate P-07-0061 10/27/06 01/24/07 3M
(G)Adhesive
(G)Acrylate copolymer P-07-0062 10/27/06 01/24/07 CBI
(G)Raw material
(G)Amine salt of carbomonocyclic acids P-07-0063 10/27/06 01/24/07 CBI
(G)Coating component
(G)Polymer of styrene, acrylic acid derivatives and alkyl methacrylate P-07-0064 10/30/06 01/27/07 CBI
(S)Resin for printing ink
(G)Modified rosin, hydrocarbon resin P-07-0065 10/30/06 01/27/07 CBI
(G)Moisture curing polyurethane adhesives
(G)Isocyanate terminated urethane polymer P-07-0066 10/30/06 01/27/07 PPG Industries, Inc.
(G)Component of an automotive primer
(G)Trimellitic anhydride, polymer with alkanediol, dihydroxyalkane diglycidyl ether di-3,5,5-trimethylhexanoate homopolymer, ethoxylated bis(hydroxysubstituted) alkane and heteromonocycledione, compound with 2-(dimethylamino) ethanol P-07-0067 10/30/06 01/27/07 CBI
(G)Sodium salt of acrylic copolymer
(G)Sodium salt of an acrylic copolymer P-07-0068 10/30/06 01/27/07 CBI
(G)Open non-dispersive (coatings application)
(G)Polyester resin P-07-0069 10/25/06 01/22/07 The Dow Chemical Company
(G)Binders for granulated rubber surfacing and molding
(G)Mdi and polymeric mdi prepolymer P-07-0070 10/25/06 01/22/07 The Dow Chemical Company
(G)Binders for granulated rubber surfacing and molding
(G)Mdi and polymeric mdi prepolymer P-07-0071 10/25/06 01/22/07 The Dow Chemical Company
(G)Binders for granulated rubber surfacing and molding
(G)Mdi and polymeric mdi prepolymer P-07-0072 10/30/06 01/27/07 CBI
(S)Catalyst for production of foam
(G)Alkanoic acid potassium salt P-07-0073 10/30/06 01/27/07 CBI
(G)Ingredient material in paint formulation
(G)Acrylic resin solution P-07-0074 11/02/06 01/30/07 CBI
(S)Reactive diluent in ultra violet formulations
(G)Alkoxylated pentaerythritol acrylate P-07-0075 11/02/06 01/30/07 CBI
(G)Additive for paper manufacturing
(G)Acrylic polymer with vinyl compound, salt P-07-0076 11/02/06 01/30/07 CBI
(G)Component of manufactured consumer article-contained use
(G)Benzene, 1,1′-[1,2-ethanediylbis(oxy)bis[polymethyl- P-07-0077 11/03/06 01/31/07 CBI
(G)Raw material for food packaging container
(G)Copolymer of alkene-alkenyl P-07-0078 11/03/06 01/31/07 CBI
(G)Additive for paper manufacturing
(G)Acrylic polymer salt with vinyl compound, salts P-07-0079 11/03/06 01/31/07 CBI
(S)Light stabilizer for plastic articles
(G)Substituted piperidinol, carbonate P-07-0080 11/08/06 02/05/07 Cognis Corporation
(S)Biodegradable hydraulic fluid for use in construction equipment ie., bullldozers, cranes etc.
(S)Nonanedioic acid, bis(2-hexyldecyl) ester P-07-0081 11/08/06 02/05/07 Cognis Corporation
(S)Biodegradable hydraulic fluid for use in construction equipment ie., bull dozers, cranes etc.
(S)Nonanedioic acid, bis(2-octyldodecyl) ester P-07-0082 11/08/06 02/05/07 Cognis Corporation
(S)Biodegradable hydraulic fluid for use in construction equipment ie., bullldozers, cranes etc.
(S)Decanedioic acid, bis(2-hexyldecyl) ester P-07-0083 11/08/06 02/05/07 Cognis Corporation
(S)Biodegradable hydraulic fluid for use in construction equipment ie., bullldozers, cranes etc.
(S)Decanedioic acid, bis(2-octyldodecyl) ester P-07-0084 11/09/06 02/06/07 CBI
(G)Open, non-dispersive use
(G)Polyester polyol P-07-0085 11/09/06 02/06/07 Cytec Surface Specialties Inc.
(G)Coatings resin
(G)Acrylated aliphatic polyurethane P-07-0086 11/09/06 02/06/07 CBI
(G)Open, non-dispersive use
(G)Water disperisible polyurethane In Table II of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the TMEs received: **II. 1 Test Marketing Exemption Notices Received From: 10/02/06 to 11/12/06** Case No. Received Date Projected Notice End Date Manufacturer/Importer Use Chemical T-07-0001 11/09/06 12/23/06 Cytec Surface Specialties Inc.
(G)Coating resin
(G)Acrylated aliphatic polyurethane In Table III of this unit, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received: **III. 57 Notices of Commencement From: 10/02/06 to 11/12/00** Case No. Received Date Commencement Notice End Date Chemical P-05-0484 04/07/06 03/09/06
(G)Polyoxyethylene polyxoxypropylene polymer, reaction with cyclohexylmethane diisocyanate and polyoxyphenyl derivative P-05-0551 04/07/06 03/09/06
(G)Polyalkylene glycol alkyl ether, reaction products with allyl glycidyl ether P-05-0694 04/07/06 03/09/06
(G)Polyalkylene glycol aryl ether, reaction products with formaldehyde P-06-0092 04/07/06 03/09/06
(G)Oxirane,methyl-, polymer with oxirane, fatty acid alkyl ethers J-05-0001 10/03/06 08/14/06
(G)Trichoderma reesei 3236 J-05-0002 10/03/06 08/24/06
(G)Trichoderma reesei 3243 J-06-0001 10/03/06 08/11/06
(G)Trichoderma reesei 3260 P-01-0084 10/10/06 09/27/06
(G)1,2,4,5-benzenetetracarboxylic acid, tetrakis esters with monohydric alcohols P-01-0170 10/05/06 09/12/06
(S)Acetic acid, [(5-chloro-8-quinolinyl)oxy-], 1-methylhexyl ester P-03-0273 10/12/06 09/25/06
(G)Acrylic polymer P-03-0664 10/02/06 09/20/06
(G)Urethane acrylate resin P-05-0740 10/02/06 09/13/06
(G)Peroxyalkanoic acid P-05-0742 10/02/06 08/30/06
(G)Peroxyalkanoic acid P-05-0743 10/02/06 08/30/06
(G)Peroxyalkanoic acid P-05-0744 10/02/06 08/30/06
(G)Peroxyalkanoic acid P-05-0745 10/02/06 08/30/06
(G)Peroxyalkanoic acid P-06-0039 10/04/06 09/28/06
(G)Aqueous polyurethane dispersion P-06-0131 10/02/06 09/13/06
(S)Siloxanes and silicones, hydroxy me, 3-hydroxypropyl me, me (1-oxooctyl)oxy, esters with C <sup>12-20</sup> fatty acids, ethers with polyethylene-polypropylene glycol mono-bu ether P-06-0172 10/02/06 09/08/06
(G)Fatty acid polymer with aliphatic diol and aromatic diacid P-06-0317 10/11/06 09/26/06
(G)Polycarbonate polyurethane P-06-0318 10/11/06 09/26/06
(G)Polycarbonate polyurethane resin P-06-0320 10/11/06 09/26/06
(G)Polyurethane dispersion P-06-0386 10/10/06 09/07/06
(S)1,3-propanediol, 2-butyl-2-ethyl-, polymers with methylated formaldehyde-melamine polymer P-06-0552 10/11/06 09/21/06
(S)Tricyclo[7.3.3.15,11]heptasiloxane-3,7,14-triol, 1,3,5,7,9,11,14-heptakis(2-methylpropyl)- P-06-0626 10/10/06 09/26/06
(G)Isocyanate functional polyester urethane polymer P-02-0922 10/25/06 09/30/06
(G)Urethane acrylate dispersion P-03-0847 10/31/06 10/25/06
(G)14-carbon keto-alkyne P-04-0920 10/17/06 09/21/06
(G)Alkaryl sulfonic acid, metal salts P-04-0925 10/17/06 09/15/06
(G)Alkaryl sulfonic acid P-04-0926 10/17/06 09/15/06
(G)Alkaryl sulfonic acid P-04-0930 10/16/06 09/10/06
(G)Toluene alkylate P-04-0931 10/16/06 09/10/06
(G)Toluene alkylate P-05-0127 11/02/06 10/20/06
(G)Polymer of alkanepolyol, fatty acid derivative, and disubstituted benzenes P-05-0557 11/01/06 09/13/06
(G)Polyetherethersulfonesulfone block copolymer P-06-0114 10/20/06 09/21/06
(G)Alkaryl sulfonic acid, metal salts P-06-0115 10/20/06 09/21/06
(G)Alkaryl sulfonic acid, metal salts P-06-0127 10/25/06 09/18/06
(G)Modified butyl acrylate P-06-0167 11/03/06 10/16/06
(G)Substituted benzoic acid ester P-06-0223 11/06/06 10/19/06
(G)Heteromonocyclic, 2-mercapto-5,5-dimethyl-, 2-oxide P-06-0238 11/01/06 10/17/06
(S)Fatty acids, C <sup>18</sup> -unsatd., dimers, hydrogenated, polymers with adipic acid, 1,6-hexanediol, .alpha.-hydro-.omega.-hydroxypoly(oxy-1,4-butanediyl), 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 5-isocyanato-1-(isocyanatomethyl)-1, 3,3-trimethylcyclohexane, 2-methyl-1,5-pentanediamine and 2-oxepanone, compounds with triethylamine P-06-0261 11/02/06 10/05/06
(G)Alkylenediol, dialkyl-, polymer with isocyanato(isocyanatoalkyl)trialkylcycloalkane, dipentaerythritol acrylate- and pentaerythritol acrylate-blocked, homopolymer P-06-0283 11/03/06 10/30/06
(G)Fatty acids, polymers with alkanoic acid, and epoxy resin P-06-0284 11/03/06 10/30/06
(G)Fatty acids, polymers with alkanoic acid and alkoxylated polyols P-06-0289 10/24/06 10/14/06
(G)Polyurethane urea P-06-0313 11/03/06 10/30/06
(G)Alkenoic acid modified vinylic copolymer P-06-0346 10/16/06 10/03/06
(G)Urethane modified polyamide P-06-0510 10/16/06 10/03/06
(G)Polyether modified polydimethylsiloxane P-06-0511 10/16/06 10/03/06
(G)Polyether modified polydimethylsiloxane P-06-0540 10/30/06 10/14/06
(G)Aliphatic polyester - polyether polyurethane dispersion P-06-0548 11/06/06 10/13/06
(G)Substituted trihalomethylpyridine P-06-0590 10/26/06 10/15/06
(G)Polyester polyol P-06-0593 10/17/06 10/10/06
(G)Aliphatic isocyanate resin P-06-0599 11/03/06 10/27/06
(G)Pmn substance b) aromatic substituted bis-dihydropyrrole monosodium salt; pmn substance c) aromatic substituted bis-dihydropyrrole disodium salt P-06-0602 10/23/06 09/22/06
(G)Silicone modified acrylic polymer P-06-0612 11/06/06 10/29/06
(G)Substituted carbohydrate P-06-0644 10/17/06 10/05/06
(S)Magnesium, bromo(pentafluorophenyl)- P-95-1404 10/30/06 10/14/06
(G)Unsaturated polyester resin List of Subjects Environmental protection, Chemicals, Premanufacturer notices. Dated: December 7, 2006. Bernice Mudd, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E6-21428 Filed 12-14-06; 8:45 am] BILLING CODE 6560-50-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *http://www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 8, 2007. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. InsCorp, Inc. Nashville, Tennessee* , to acquire an additional 50 percent for the total of 100 percent, of the voting shares of Insurors Bank of Tennessee, Nashville, Tennessee. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. First National Financial Services Inc.* , Elk River, Minnesota; to acquire 100 percent of the voting shares of Maple Lake Bancorporation, Edina, Minnesota, and thereby indirectly acquire voting shares of Security State Bank of Maple Lake Inc., Maple Lake, Minnesota. Board of Governors of the Federal Reserve System, December 11, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-21322 Filed 12-14-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 11, 2007. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. USAmeriBancorp, Inc.* , Key Largo, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of USAmeriBanks, Key Largo, Florida (in organization). Board of Governors of the Federal Reserve System, December 12, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-21398 Filed 12-14-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *http://www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 29, 2006. **A. Federal Reserve Bank of Kansas City** (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Mackey Banco, Inc.* , Ansley, Nebraska; to acquire 100 percent of the voting shares of Ansley Agency, Inc., Ansley, Nebraska, and thereby engage in general insurance activities in a town with a population less than 5,000, pursuant to section 225.28(b)(11)(iii)(A) of Regulation Y. Board of Governors of the Federal Reserve System, December 11, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-21323 Filed 12-14-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 2, 2007. **A. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Full Service Insurance Agency, Inc. Buxton* , North Dakota; to continue to engage in making loans and holding notes, pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, December 12, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-21397 Filed 12-14-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panels (SEP): Risk Factors for Birth Defects, Request for Application
(RFA)DD 07-001 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention
(CDC)announces the following meeting: *Time and Date:* 12 p.m.-2 p.m., January 23, 2007 (Closed). *Place:* Teleconference. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of applications received in response to “Risk Factors for Birth Defects,” RFA DD 07-001. *Contact Person for More Information:* Christine Morrison, Ph.D., Scientific Review Administrator, Office of Public Health Research, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone 404.639.3098. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Kathy Skipper, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6-21351 Filed 12-14-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-2540-96] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services
(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Skilled Nursing Facility and Skilled Nursing Facility Complex Cost Report; *Use:* Providers of services participating in the Medicare program are required under sections 1815(a) and 1861(v)(1)(A) of the Social Security Act to submit annual information to achieve settlement of costs for health care services rendered to Medicare beneficiaries. The CMS-2540-96 cost report is needed to determine the amount of reimbursement, that is due these providers furnishing medical services to Medicare beneficiaries; *Form Number:* CMS-2540-96 (OMB#: 0938-0463); *Frequency:* Reporting—Yearly; *Affected Public:* Business or other for-profit; *Number of Respondents:* 15,037; *Total Annual Responses:* 15,037; *Total Annual Hours:* 2,947,252. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received at the address below, no later than 5 p.m. on February 13, 2007. CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development—C, *Attention:* Bonnie L. Harkless, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: December 8, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-21435 Filed 12-14-06; 1:58 pm] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-684A-I and CMS-10169] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* End-Stage Renal Disease
(ESRD)Network Business Proposal Forms and Supporting Regulations in 42 CFR 405.2110 and 42 CFR 405.2112; *Use:* Section 1881(c) of the Social Security Act establishes ESRD Network contracts. The regulations designated at 42 CFR 405.2110 and 405.2112 designated 18 End Stage Renal Disease
(ESRD)Networks which are funded by renewable contracts. These contracts are on 3-year cycles. To better administer the program, CMS requires the contractors to submit a standardized business proposal package of forms so that cost proposing and pricing among the ESRD Networks will be uniform and easily tracked by CMS. *Form Number:* CMS-684A-I (OMB#: 0938-0658); *Frequency:* Reporting—Other, every three years; *Affected Public:* Not-for-profit institutions; *Number of Respondents:* 18; *Total Annual Responses:* 36; *Total Annual Hours:* 1,080. 2. *Type of Information Collection Request:* New collection; *Title of Information Collection:* Request for Bids
(RFB)for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program; *Use:* The Centers for Medicare and Medicaid Services
(CMS)will conduct competitive bidding programs in which certain suppliers will be awarded contracts to provide certain DMEPOS items to Medicare beneficiaries. Competitive bidding provides a way to harness marketplace dynamics to create incentives for suppliers to provide quality items and services in an efficient manner and at a reasonable cost. The objectives of competitive bidding include:
(1)To implement competitive bidding programs for certain covered items of DMEPOS and associated services in select areas;
(2)to assure beneficiary access to quality DMEPOS as a result of the program;
(3)to reduce the amount Medicare pays for DMEPOS and create a payment structure under competitive bidding that is more reflective of a competitive market;
(4)to limit the financial burden on beneficiaries by reducing their out-of-pocket expenses for DMEPOS they obtain through the program; and,
(5)to contract with suppliers who conduct business in a manner that is beneficial for the program and Medicare beneficiaries. Contract suppliers will be selected from the suppliers that have the lowest bids and that meet all relevant program requirements. Suppliers bidding above the winning price are to be excluded from the Medicare market; however, multiple winners must be awarded in each site. The forms associated with this collection of information will collect all of the relevant information needed for processing bids. Following the publication of the 60-day **Federal Register** notice (71 FR 26546), we received a considerable number of public comments. Commenters discussed a variety of topics, ranging from the general requirements of the forms to the availability of instructions for completing the forms. After reviewing the comments, we revised the information collection request
(ICR)to clarify the issues raised by the public. In addition, instructions for completing the forms are complete and available for public viewing. *Form Number:* CMS-10169 (OMB#: 0938-NEW); *Frequency:* Reporting—Every three years; *Affected Public:* Business or other for-profit, Not-for-profit institutions, and the Federal government; *Number of Respondents:* 23,973; *Total Annual Responses:* 23,973; *Total Annual Hours:* 1,088,164. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or e-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. Written comments and recommendations for the proposed information collections must be mailed or faxed within 30 days of this notice directly to the OMB desk officer: OMB Human Resources and Housing Branch, *Attention:* Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: December 7, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-21436 Filed 12-14-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0037] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Proposed Experimental Study of Trans Fat Claims on Foods AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by January 16, 2007. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Proposed Experimental Study of *Trans* Fat Claims on Foods—(OMB Control Number 0910-0533—Reinstatement) FDA is requesting OMB approval of a proposed experimental study of trans fat claims on food products intended to help FDA's Center for Food Safety and Applied Nutrition formulate decisions and policies affecting labeling requirements for *trans* fat claims on foods. In the **Federal Register** of July 11, 2003 (68 FR 41507), FDA issued an advance notice of proposed rulemaking entitled “Food Labeling: *Trans* Fatty Acids in Nutrition Labeling; Consumer Research to Consider Nutrient Content and Health Claims and Possible Footnote or Disclosure Statements,” which requested comments about possible disclosure requirements to accompany nutrient content claims about *trans* fatty acids that could help consumers make heart-healthy food choices. The proposed experimental study will evaluate the ability of several such disclosure requirements to help consumers make heart-healthy food choices. The results of the proposed experimental study will provide empirical support for possible policy decisions about the need for such disclosures and the appropriate form they should take. FDA or its contractor will collect and use information gathered from Internet panel samples to evaluate how consumers understand and respond to possible disclosure requirements for *trans* fat content claims. The distinctive features of Internet panel and shopping mall methodologies for the purpose of the proposed experimental study are that they allow for controlled visual presentation of study materials, experimental manipulation of study materials, and the random assignment of subjects to condition. Experimental manipulation of labels and random assignment to condition makes it possible to estimate the effects of the various possible disclosure requirements while controlling for individual differences. Random assignment ensures that mean differences between conditions can be tested using well-known techniques such as analysis of variance or regression analysis to yield statistically valid estimates of treatment effect size. The proposed study will be conducted with a convenience sample drawn from a large, national consumer panel with about one million households. Participants will be adults, age 18 and older, who are recruited for a study about foods and food labels. Each participant will be randomly assigned to 1 of the 144 experimental conditions consisting of fully crossing 8 disclosure conditions, 3 product types, 3 fatty acid profiles and 2 prior knowledge conditions. FDA will use the information from the proposed experimental study to evaluate regulatory policy options. The agency often lacks empirical data about how consumers understand and respond to statements they might see in product labeling. The information gathered from this proposed experimental study will be used by the agency to assess likely consumer responses to various disclosure requirements for nutrient content claims. In the **Federal Register** of February 6, 2006 (71 FR 6076), FDA published a 60-day notice requesting public comment on the information collection that will take place as part of the experimental study. FDA received one letter in response to the notice, containing multiple comments. ( *Comment 1* ) One comment stated that the organization concurs with the objectives of the study and believes the information from this study will be useful to FDA in developing labeling policy to assist consumers with interpretation of *trans* fat claims in food labeling. Another comment suggested that FDA change the labels used to describe the three fatty acid profiles in the study (“good profile,” “medium profile,” and “poor profile”) because these descriptors were seen as overly negative. The comment recommended alternative language (“low profile,” “medium profile” and “high profile”) as a way to ensure that the products are not characterized as “good foods” or “bad foods.” ( *Response* ) This suggestion has been implemented. The terminology suggested in the comment adequately conveys the intended profile differences. ( *Comment 2* ) One comment critiqued the draft Full Information treatment language. The comment criticized the one-page summary because it :
(1)Did not identify calories in the discussion of fat as a major source of energy and
(2)did not relate the calorie contribution of fat to that of carbohydrates and protein. The comment also criticized the information about sources of *trans* fat because it omitted mention of natural sources of *trans* fat in the diet, which the comment suggested would help ensure factually correct and balanced information about sources of *trans* in the diet. The comment questioned the value of stating that *trans* fat extends shelflife and has desirable taste characteristics since many saturated fat sources are relatively shelf stable and have desirable taste characteristics. ( *Response* ) FDA agrees and has revised the Full Information treatment to incorporate these concerns. Calories and other sources of energy are now mentioned in the introductory passage. Natural sources of *trans* fat are now mentioned and the similarity between *trans* fat and saturated fat in terms of shelflife and taste are now addressed. The revised draft will be included in the study pretest and further revisions will be made if FDA determines they are needed based upon pretest results. **Table 1.—Estimated Annual Reporting Burden** 1 Activity No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Pretest 40 1 40 .25 10 Study 2,880 1 2,880 .25 720 Total 730 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: December 8, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-21317 Filed 12-14-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0197] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Registration of Food Facilities Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by January 16, 2007. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Registration of Food Facilities Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002—21 CFR 1.230 through 1.235 (OMB Control Number 0910-0502)—Extension The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act) added section 415 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 350d), which requires domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States to register with FDA. Sections 1.230 through 1.235 (21 CFR 1.230 through 1.235) set forth the procedures for registration of food facilities. Information provided to FDA under these regulations will help the agency to notify quickly the facilities that might be affected by a deliberate or accidental contamination of the food supply. *Description of respondents* : The respondents to this information collection include owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States. Domestic facilities are required to register whether or not food from the facility enters interstate commerce. Foreign facilities that manufacture/process, pack, or hold food also are required to register unless food from that facility undergoes further processing (including packaging) by another foreign facility before the food is exported to the United States. However, if the subsequent foreign facility performs only a minimal activity, such as putting on a label, both facilities are required to register. FDA's regulations require that each facility that manufactures, processes, packs, or holds food for human or animal consumption in the United States register with FDA using Form FDA 3537 (§ 1.231). The term “Form FDA 3537” refers to both the paper version of the form and the electronic system known as the Food Facility Registration Module, which is available at *http://www.access.fda.gov* . The agency strongly encourages electronic registration because it is faster and more convenient. The system the agency has developed can accept electronic registrations from anywhere in the world 24 hours a day, 7 days a week, 365 days a year. A registering facility will receive confirmation of electronic registration and its registration number instantaneously once all the required fields on the registration screen are filled in. However, paper registrations will be accepted. Form FDA 3537 is available for download for registration by mail, fax, or CD-ROM. Registration by mail may take several weeks to several months, depending on the speed of the mail system and the number of paper registrations that FDA will have to enter manually. Information FDA requires on the registration form includes the name and full address of the facility; emergency contact information; all trade names the facility uses; applicable food product categories identified in § 170.3 (21 CFR 170.3), unless “most/all” human food categories “or none of the above mandatory categories” is selected as a response; and a certification statement that includes the name of the individual authorized to submit the registration form. Additionally, facilities are encouraged to submit their preferred mailing address; type of activity conducted at the facility; food categories not included under § 170.3, but which are helpful to FDA for responding to an incident; type of storage, if the facility is primarily a holding facility; and approximate dates of operation if the facility's business is seasonal. In addition to registering, a facility is required to submit timely updates within 60 days of a change to any required information on its registration form, using Form FDA 3537 (§ 1.234), and to cancel its registration when the facility ceases to operate or is sold to new owners or ceases to manufacture/process, pack, or hold food for consumption in the United States, using Form FDA 3537a (§ 1.235). In the **Federal Register** of June 2, 2006 (71 FR 32103), FDA published a 60-day notice requesting public comment on the information collection provisions. We received no comments. FDA estimates the burden of complying with the information collection provisions of the agency's regulations for food facility registration as follows: **Table 1—Estimated Annual Reporting Burden** 1 21 CFR Section FDA Form No. No. of Respondents Annual Frequency per Respondent Total Annual Responses Hours per Response Total Hours New Facilities *Domestic* 1.230 through 1.233 FDA 3537 2 13,650 1 13,650 2.5 34,125 *Foreign* 1.230 through 1.233 FDA 3537 29,200 1 29,200 8.5 248,200 New Facility Registration Subtotal 282,325 Previously Registered Facilities-Updates (Form 3537) and Cancellations (Form 3537a) 1.234 FDA 3537 92,850 1 92,850 1 92,850 1.235 FDA 3537a 1,300 1 1,300 1 1,300 Updates or Cancellations to Existing Registration Subtotal 94,150 Total Hours Annually 376,475 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 The term “Form FDA 3537” refers to both the paper version of the form and the electronic system known as the Food Facility Registration Module, which is available at *http://www.access.fda.gov* . This estimate is based on FDA's experience and the average number of new facility registrations, updates and cancellations received in the past 3 years. FDA received 82,485 new domestic facility registrations during 2003; 32,099 during 2004; and 13,652 during 2005. Based on this experience, FDA estimates the annual number of new domestic facility registrations will be 13,650. FDA estimates that listing the information required by the Bioterrorism Act and presenting it in a format that will meet the agency's registration regulations will require a burden of approximately 2.5 hours per average domestic facility registration. The average domestic facility burden hour estimate of 2.5 hours takes into account that some respondents completing the registration may not have readily available Internet access. Thus, the total annual burden for new domestic facility registrations is estimated to be 34,125 hours (13,650 x 2.5 hours). FDA received 89,990 new foreign facility registrations during 2003; 49,574 during 2004; and 29,193 during 2005. Based on this experience, FDA estimates the annual number of new foreign facility registrations will be 29,200. FDA estimates that listing the information required by the Bioterrorism Act and presenting it in a format that will meet the agency's registration regulations will require a burden of approximately 8.5 hours per average foreign facility registration. The average foreign facility burden hour estimate of 8.5 hours includes an estimate of the additional burden on a foreign facility to obtain a U.S. agent, and takes into account that for some foreign facilities the respondent completing the registration may not be fluent in English and/or not have readily available Internet access. Thus, the total annual burden for new foreign facility registrations is estimated to be 248,200 hours (29,200 x 8.5 hours). FDA received 131,354 updates to facility registrations during 2003; 137,384 during 2004; and 92,835 during 2005. Based on this experience, FDA estimates that it will receive 92,850 updates annually. FDA also estimates that updating a registration will, on average, require a burden of approximately 1 hour, taking into account fluency in English and Internet access. Thus, the total annual burden for updating all registrations is estimated to be 92,850 hours. FDA received 12,556 cancellations of facility registrations during 2003; 7,467 during 2004; and 1,280 during 2005. Based on this experience, FDA estimates the annual number of cancellations will be 1,300. FDA also estimates that cancelling a registration will, on average, require a burden of approximately 1 hour, taking into account fluency in English and Internet access. Thus, the total annual burden for cancelling registrations is estimated to be 1,300 hours. In cases where a regulation implements a statutory information collection requirement, only the additional burden attributable to the regulation, if any, has been included in FDA's burden estimate. Dated: December 11, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-21375 Filed 12-14-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0476] Drug Products Containing Quinine; Enforcement Action Dates AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing its intention to take enforcement action against unapproved drug products containing quinine (including quinine sulfate and any other salt of quinine) and persons who cause the manufacture of such products or their shipment in interstate commerce. Drug products containing quinine, quinine sulfate, and any other salt of quinine are new drugs that require approved applications. One firm has an approved application to market a drug product containing quinine sulfate to treat malaria; this product has been designated an orphan drug product. Other manufacturers who wish to market a drug product containing quinine, quinine sulfate, or any other salt of quinine must obtain FDA approval of a new drug application
(NDA)or an abbreviated new drug application (ANDA); consideration of any such applications will be subject to the rights of the current NDA holder under the Orphan Drug Act. DATES: This notice is effective December 15, 2006. For marketed, unapproved drug products containing quinine, quinine sulfate, or any salt of quinine that have a National Drug Code
(NDC)number that is listed with FDA on the effective date of this notice (i.e., “currently marketed products”), however, the agency intends to exercise its enforcement discretion to permit products marketed with those NDC numbers a brief period of continued marketing after December 15, 2006 as follows. Any firm manufacturing such an unapproved product may not manufacture that product on or after February 13, 2007. Any firm distributing such an unapproved product may not ship the product in interstate commerce on or after June 13, 2007. Unapproved drug products containing quinine, quinine sulfate, or any salt of quinine that are not currently marketed products on the effective date of this notice must, as of the effective date of this notice, have approved applications prior to their shipment in interstate commerce. Submission of an application does not excuse timely compliance with this notice. ADDRESSES: All communications in response to this notice should be identified with Docket No. 2006N-0476 and directed to the appropriate office listed as follows: *Regarding applications under section 505(b) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 355(b))* : Division of Special Pathogen and Transplant Products, Office of New Drugs, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Silver Spring, MD 20993-0002. *Regarding applications under section 505(j) of the act* : Office of Generic Drugs, Center for Drug Evaluation and Research (HFD-600), Food and Drug Administration, 7520 Standish Pl., Rockville, MD 20855. *All other communications* : John Loh, Center for Drug Evaluation and Research (HFD-310), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: John Loh, Center for Drug Evaluation and Research (HFD-310), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-8965, e-mail: *john.loh@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background Quinine is the chief alkaloid of cinchona, the bark of the cinchona tree indigenous to parts of South America. Recorded medical use of cinchona dates back to the 17th century. Quinine was first isolated from cinchona in 1820. Quinine (the term “quinine” as used in this notice refers to quinine, quinine sulfate, and other quinine salts) has been used to treat malaria since the 19th century. It was used extensively for mass prophylaxis in malaria control programs in the early 20th century. As more predictable and effective synthetic antimalarial drugs began to be developed in the 1930s, the use of quinine to treat and/or prevent malaria declined. However, with the increasing resistance of the malaria parasite to some of these synthetic malarial treatments, quinine is again emerging as an important treatment for malaria. Quinine also has been used for the treatment and/or prevention of nocturnal leg muscle cramps, similar conditions such as a restless leg syndrome, and, very rarely, a number of other conditions, including Babesiosis (another parasitic infection) and certain myotonic disorders. The predominant use of quinine in the United States is for leg cramps and similar conditions. Quinine has a history of being marketed over-the-counter
(OTC)and by prescription, as a single-ingredient product or sometimes in combination with other ingredients, such as vitamin E. Its use as a treatment for leg cramps and as an antimalarial agent was considered in the OTC drug monograph review. In the **Federal Register** of August 22, 1994 (59 FR 43234), the agency announced its conclusion that OTC drug products for the treatment and/or prevention of nocturnal leg muscle cramps are not generally recognized as safe and effective (GRASE), and are therefore new drugs under section 201(p) of the act (21 U.S.C. 321(p)). In reaching this conclusion, the agency reviewed extensive information from studies and adverse drug events reported to the agency regarding the safety and efficacy of products containing quinine sulfate. The agency identified numerous safety concerns associated with use of quinine sulfate (59 FR 43234 at 43235 through 43244). Further, the agency's review assessed the effectiveness of quinine sulfate for prevention and/or treatment of leg cramps, and concluded that the data were not adequate to establish that quinine sulfate, alone or in combination with vitamin E, is effective for these uses (59 FR 43234 at 43245 through 43249). The agency's conclusions regarding OTC drug products containing quinine indicated for treatment or prevention of nocturnal legs cramps are provided in 21 CFR 310.546. Subsequently, in the **Federal Register** of March 20, 1998 (63 FR 13526), the agency announced its conclusions regarding OTC drug products containing quinine or any quinine salt (e.g., quinine sulfate) labeled for the treatment and/or prevention of malaria. Because of the safety issues associated with these products, the agency concluded that these OTC products are not generally recognized as safe
(GRAS)and are therefore new drugs as well. The agency's conclusions regarding OTC drug products containing quinine indicated for treatment or prevention of malaria are provided in 21 CFR 310.547. II. Safety Issues in Use of Quinine Drug Products Serious safety concerns, including fatalities, associated with drug products containing quinine are well-documented in the literature and in adverse drug events reported to the agency. One of these adverse events is quinine toxicity, which is known as cinchonism, a cluster of symptoms of varying severity that include tinnitus, dizziness, disorientation, nausea, visual changes, and auditory deficits. There also is evidence that quinine causes QT prolongation and serious cardiac arrhythmias including torsades de pointes. People taking quinine are at risk of developing hypersensitivity to the drug and experiencing a serious, life-threatening, or fatal reaction as a consequence. Serious adverse reactions associated with quinine use also include severe skin reactions, thrombocytopenia and other serious hematological events, permanent visual and hearing disturbances, hypoglycemia, and generalized anaphylaxis. Overall, from 1969 through September 11, 2006, FDA received 665 reports of adverse events with serious outcomes associated with quinine use, including 93 deaths. Among the more common types of events with serious outcomes reported to the agency are cardiac events, thrombocytopenia, renal failure, hypersensitivity/skin reactions, ophthalmologic events, hearing disorders, and thrombotic thrombocytopenic purpura (TTP). 1 1 Serious adverse reactions include the following outcomes: Death, a life-threatening adverse drug experience, inpatient hospitalization or prolongation of existing hospitalization, a persistent or significant disability/incapacity, a congenital anomaly/birth defect, or an important medical event that may jeopardize the patient and may require medical or surgical intervention to prevent one of the other mentioned serious outcomes (§ 314.80 (21 CFR 314.80)). Further, quinine sulfate is known to have a narrow therapeutic index, with a very narrow margin of safety between doses that are therapeutic in the treatment of malaria and doses that are toxic. Many of the adverse events associated with quinine are dose-related (63 FR 15526 at 13527). Overdosing of quinine sulfate can result in cardiac arrhythmia, ototoxicity, blindness, or death. The rate of clearance of quinine sulfate tends to decline with age, meaning the blood level of quinine tends to be higher for a longer period of time in the elderly for a given dose compared to younger persons and the frequency and severity of adverse effects may also be greater in the elderly (63 FR 13526 at 13527). III. Current Status of Quinine Drug Products Mutual Pharmaceutical Company, Inc., (Mutual), of Philadelphia, PA, submitted an NDA for single-ingredient quinine sulfate in 324-milligram capsules (NDA 21-799), which was approved by FDA on August 12, 2005. The product is approved to treat uncomplicated *Plasmodium falciparum* malaria only and is a prescription drug product. NDA 21-799 is the only approved application for a product containing quinine. Because the incidence of malaria in the United States is rare, Mutual sought and was granted orphan drug status for its product under section 526 of the act (21 U.S.C. 360bb). 2 2 The term “orphan drug” refers to a product that treats a rare disease affecting fewer than 200,000 Americans. Enacted in 1983, the intent of the Orphan Drug Act is to stimulate the research, development, and approval of products that treat rare diseases. Under this law, which amended the act and is provided in 21 U.S.C. 360aa to 360ee, a firm that receives approval for a product designated as an orphan drug receives for the product a special period of exclusivity of 7 years after the date of approval, during which the agency will not approve another application for the same drug, as defined in 21 CFR 316.3, for the same condition submitted by another applicant. The approved labeling for Mutual's quinine sulfate product provides extensive warnings regarding the use of the product. It states that the product is not approved for the prevention or treatment of nocturnal leg cramps and explicitly warns against the use of the product for these indications. It describes findings related to use of quinine sulfate and QT interval prolongation, along with the association of the drug with potentially fatal cardiac arrhythmias. The labeling contraindicates use of the product in patients with prolonged QT interval, G-6-PD deficiency, optic neuritis, myasthenia gravis, and known hypersensitivity to quinine or related drugs. The labeling also identifies numerous drugs that should not be used concomitantly with quinine, including neuromuscular blocking agents, rifampin, class IA and III antiarrhythmic agents, HISMANIL (astemizole), PROPULSID (cisapride), erythromycin, and other medications known to cause QT prolongation. Because of the risks associated with use of quinine sulfate, Mutual agreed, as part of the approval of its product, to implement an educational program for physicians and other health care providers regarding the safe and effective use of quinine sulfate for treatment of uncomplicated *P. falciparum* malaria. The firm also agreed to provide written information to physicians regarding the unfavorable risk/benefit ratio of oral quinine sulfate for treatment of nocturnal leg cramps, as compared with the favorable risk/benefit ratio for treatment of uncomplicated *P. falciparum* malaria. For 3 years following approval, Mutual will also provide the agency with twice-yearly analyses of postmarketing adverse event data, in addition to 15-day and quarterly reports required under § 314.80(c)(1) and (c)(2). Unapproved quinine sulfate products are also available on the market. The agency reviewed the labeling of unapproved quinine products listed with FDA under the requirement of section 510(j) of the act (21 U.S.C. 360(j)). In general, labeling for the unapproved products does not contain many of the warnings found in the approved product labeling and therefore does not reflect the most current data regarding quinine sulfate. For instance, unapproved products typically do not provide information about prolongation of the QT interval, warn against use of the product to treat leg cramps, or identify many of the contraindications and drug interactions for quinine sulfate products. The agency also reviewed dosing regimens recommended in the labeling of unapproved quinine sulfate products and found that many of the recommend dosing regimens, for which supporting evidence has not been evaluated by the agency, are inconsistent with the dosing recommendations for the approved product, which are based on clinical evidence. These regimens, at one end of the spectrum of recommended doses, could lead to substantial underdosing, risking treatment failure, and promoting the development of malarial resistance to quinine, and, at the other end of the spectrum, could lead to overdosing, increasing the risk of serious adverse events, and death. IV. Legal Status A. Quinine Products Are New Drugs Requiring Approved Applications Based on the safety and effectiveness considerations described previously, drugs containing quinine, quinine sulfate, or any other salt of quinine are not GRASE for the treatment or prevention of malaria, leg cramps, or any other condition under section 201(p) of the act. Therefore, a drug product containing any of these ingredients, alone or in combination with other drugs, is regarded as a new drug as defined in section 201(p) of the act and is subject to the requirements of section 505 of the act. An approved application is required to market the product. As set forth in this notice, approval of an NDA under section 505(b) of the act (including section 505(b)(2)) and 21 CFR 314.50 or an ANDA under section 505(j) of the act and 21 CFR 314.94 is required as a condition for manufacturing or marketing all quinine products. After the dates identified in this notice (see DATES ), FDA intends to take enforcement action, as described in this notice, against unapproved drug products containing quinine and persons who cause the manufacture or interstate shipment of such products. Submission of an application does not excuse timely compliance with this notice. The Mutual quinine sulfate product (NDA 21-799) described in section III of this notice has been designated as the reference listed drug product. Firms should be aware that review and approval of any applications for quinine products will be subject to the rights of the current NDA holder under the Orphan Drug Act, including section 527 of the act (21 U.S.C. 360cc) and FDA's regulations in 21 CFR part 316. B. Notice of Enforcement Action Although not required to do so by the Administrative Procedure Act, the act, or any rules issued under its authority, or for any other legal reason, FDA is providing this notice to firms that are marketing drug products containing quinine without an approved application that the agency intends to take enforcement action against such products and those who cause them to be manufactured or shipped in interstate commerce. Consistent with the priorities identified in the agency's guidance entitled “Marketed Unapproved Drugs—Compliance Policy Guide” (the Marketed Unapproved Drugs CPG), the agency is taking action at this time against unapproved quinine products because:
(1)As described in section II of this notice, quinine is a drug with significant safety risks; and
(2)the agency has approved an application to market a drug product containing quinine sulfate, and thus the continued marketing of unapproved quinine products is a direct challenge to the drug approval process. Manufacturing or shipping unapproved quinine products can result in seizure, injunction, or other judicial proceeding. Consistent with policies described in the Marketed Unapproved Drugs CPG, the agency does not expect to issue a warning letter or any other further warning to firms marketing unapproved drug products containing quinine prior to taking enforcement action. The agency also reminds firms that, as stated in the Marketed Unapproved Drugs CPG, any unapproved drug marketed without a required approved drug application is subject to agency enforcement action at any time. The issuance of this notice does not in any way obligate the agency to issue similar notices or any notice in the future regarding marketed unapproved drugs. 3 3 The agency's general approach in dealing with these products in an orderly manner is spelled out in the Marketed Unapproved Drugs CPG. However, this CPG provides notice that any product that is being marketed illegally, and the persons responsible for causing the illegal marketing of the product, are subject to FDA enforcement action at any time. As described in the Marketed Unapproved Drugs CPG, the agency may, at its discretion, exercise its enforcement discretion and identify a period of time during which the agency does not intend to initiate an enforcement action against a currently marketed unapproved drug on the grounds that it lacks an approved application under section 505 of the act, to preserve access to medically necessary drugs, or ease disruption to affected parties, for instance. The agency notes the following:
(1)Quinine is a drug with significant safety risks that are comprehensively described only in the labeling of the approved product;
(2)the most common use of quinine is an off-label use for which the drug has an unfavorable risk-benefit profile, which is described in the labeling of the approved product, but not the unapproved products;
(3)Mutual can provide the market with enough approved quinine sulfate to meet patients' needs for the approved indications; and
(4)Mutual has now obtained approval of its quinine sulfate product. Therefore, the agency intends to proceed as follows. This notice is effective December 15, 2006. Unapproved drug products containing quinine, quinine sulfate, or any salt of quinine that are not currently marketed products on the effective date of this notice must, as of this date, have approved applications prior to their shipment in interstate commerce. For marketed, unapproved quinine-containing products that have an NDC number that is listed with the agency on the effective date of this notice, however, the agency intends to exercise its enforcement discretion to permit products marketed with those NDC numbers a period of continued marketing after December 15, 2006 as follows. Any firm manufacturing such an unapproved drug product containing quinine may not manufacture that product on or after February 13, 2007. 4 Any firm distributing such an unapproved product may not ship the product in interstate commerce on or after June 13, 2007. The agency, however, does not intend to exercise its enforcement discretion as outlined in this paragraph if:
(1)A manufacturer or distributor of an unapproved product covered by this notice is violating other provisions of the act; or
(2)it appears that a firm, in response to this notice, increases its manufacture or interstate shipment of quinine drug products above its usual volume during these periods. 4 If a firm continues to manufacture or market a product covered by this notice after the applicable enforcement date has passed, to preserve limited agency resources, FDA may take enforcement action relating to all of the firm's unapproved drugs that require applications at the same time. (See, e.g., *United States* v. *Sage Pharmaceuticals* , 210 F.3d 475, 479-480 (5th Cir. 2000) (permitting the agency to combine all violations of the act in one proceeding, rather than taking action against a firm with multiple violations of the act in “piecemeal fashion”).) Drug manufacturers and distributors should be aware that the agency is exercising its enforcement discretion as described previously only in regard to drug products containing quinine that are marketed under an NDC number listed with the agency on the effective date of this notice. Unapproved drug products containing quinine that are not currently marketed and listed with the agency on the effective date of this notice must, as of the effective date of this notice, have approved applications prior to their shipment in interstate commerce. Moreover, submission of an application does not excuse timely compliance with this notice. C. Discontinued Products Some firms may have previously discontinued the manufacturing or distribution of products covered by this notice without removing them from the listing of their products under section 510(j) of the act. Other firms may discontinue manufacturing or marketing listed products in response to this notice. Firms that wish to notify the agency of product discontinuation should send a letter, signed by the firm's chief executive officer, fully identifying the discontinued product(s), including its NDC number(s), and stating that the product(s) has
(have)been discontinued and will not be marketed again without FDA approval, to John Loh (see ADDRESSES ). Firms should also update the listing of their products under section 510(j) of the act to reflect discontinuation of unapproved quinine products. FDA plans to rely on its existing records, the results of a subsequent inspection, or other available information when it initiates enforcement action. This notice is issued under sections 502 and 505 of the act (21 U.S.C. 352) and under authority delegated to the Deputy Commissioner for Policy under section 1410.10 of the FDA Staff Manual Guide. Dated: December 11, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 06-9713 Filed 12-12-06; 11:00 am]
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  • Pub. L. 93-275
  • Pub. L. 95-91
  • Pub. L. 104-13
  • 49 Stat. 838
  • 16 USC 791a-825r
  • 15 USC 717-717w
  • Pub. L. 95-621
  • 40 CFR 1501.6
  • 40 CFR 9
  • 40 CFR 122
  • 40 CFR 123.21-123
  • 40 CFR 123.26-123
  • 40 CFR 123.43-123
  • 40 CFR 123.62-123
  • 40 CFR 124.53-124
  • 40 CFR 125
  • 40 CFR 501
  • 40 CFR 123.26(e)
  • 40 CFR 123.26(e)(5)
  • 40 CFR 123.41(a)
  • 40 CFR 501.21
  • 40 CFR 501.34
  • 40 CFR 501.11
  • 40 CFR 501.16
  • 40 CFR 123.26(b)(2)
  • 40 CFR 124.53
  • 40 CFR 123.43
  • 40 CFR 501.14
  • 40 CFR 123.45
  • 40 CFR 123.21
  • 40 CFR 123.64
  • 40 CFR 123.26(b)(1)
  • 40 CFR 233.10-233
  • 40 CFR 233.20-233
  • 40 CFR 233.30
  • 40 CFR 233.50
  • 40 CFR 233.52
  • 40 CFR 85
  • Pub. L. 108-109
  • 40 CFR 80.550
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Notices
Agency Information Collection Activities: Proposed Collection; Comment Request
U.S.C.§ 761
U.S.C.§ 7101
U.S.C.§ 552
U.S.C.§ 790a
U.S.C.§ 3507
C.F.R.§ 141.300
C.F.R.§ 357.1
C.F.R.§ 385.211
C.F.R.§ 154.210
F. App'x210 F.3d 475
Pub. L.Pub. L. 93-275
Pub. L.Pub. L. 95-91
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