Notices. 60-day Notice of Information Collection Under Review: Revision of a currently approved collection; Law Enforcement Officers Killed or Assaulted
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BILLING CODE 4410-15-M DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110-0006] Agency Information Collection Activities: Proposed Collection, Comments Requested ACTION: 60-day Notice of Information Collection Under Review: Revision of a currently approved collection; Law Enforcement Officers Killed or Assaulted. The Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted until February 20, 2007. This process is conducted in accordance with 5 CFR 1320.10. All comments, suggestions, or questions regarding additional LEOKA information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Mr. Gregory E. Scarbro, Unit Chief, Federal Bureau of Investigation, Criminal Justice Information Services
(CJIS)Division, Module E-3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, or facsimile to
(304)625-3566. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Comments should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate 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)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques of other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of information collection:* Revision of a currently approved collection.
(2)*The title of the form/collection:* Law Enforcement Officers Killed or Assaulted.
(3)*The agency form number, if any, and the applicable component of the department sponsoring the collection:* Form 1-705; Criminal Justice Information Services Division, Federal Bureau of Investigation, Department of Justice.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: City, county, State, Federal, and tribal law enforcement agencies. This collection is needed to collect information on officers killed or assaulted in the line of duty committed throughout the United States. Data are tabulated and published in the annual Law Enforcement Officers Killed and Assaulted publication.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* There are approximately 17,499 law enforcement agency participants; calculated estimates indicate 7 minutes for respondents to complete hard copy and 5 minutes for electronic submission completion.
(6)*An estimate of the total public burden (in hours) associated with this collection:* There are approximately 20,448 hours, annual burden, associated with this information collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: December 15, 2006. Lynn Bryant, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-21817 Filed 12-20-06; 8:45 am] BILLING CODE 4410-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request December 15, 2006. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained from *RegInfo.gov* at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number) / e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not a toll-free numbers), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate 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; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Ethylene Oxide
(EtO)(29 CFR 1910.1047). *OMB Number:* 1218-0108. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profits. *Number of Respondents:* 5,474. *Number of Annual Responses:* 209,328. *Estimated Time per Response:* Varies by task. *Total Burden Hours:* 42,732. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $6,369,781. *Description:* The standard requires employers to monitor employee exposure to EtO, to provide medical surveillance, to train employees about the hazards of EtO, and to establish and maintain accurate records of employee exposure to EtO. These records will be used by employers, employees, physicians, and the Government to ensure that employees are not harmed by exposure to EtO. *Agency:* Occupational Safety and Health Administration. *Type of Review:* New collection (request for a new OMB control number). *Title:* OSHA's Conflict of Interest and Disclosure Form. *OMB Number:* 1218-0NEW. *Type of Response:* Reporting. *Affected Public:* Individuals or Households. *Number of Respondents:* 36. *Number of Annual Responses:* 36. *Estimated Time per Response:* Varies from 30 minutes to 1 hour. *Total Burden Hours:* 27. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The Office of Management and Budget
(OMB)published the Final Information Quality Bulletin for Peer Review on December 15, 2004. The Bulletin established that important scientific information shall be peer reviewed by qualified specialists before it is disseminated by the federal government. Peer review is one of the important procedures used to ensure that the quality of published information meets the standards of the scientific and technical community. It is a form of deliberation involving an exchange of judgments about the appropriateness of methods and the strength of the author's inferences. Peer review involves the review of a draft product for quality by specialists in the field who were not involved in producing the draft. The selection of participants in a peer review is based on expertise, with due consideration of independence and conflict of interest. The Bulletin states “* * * the agency must address reviewers' potential conflicts of interest (including those stemming from ties to regulated businesses and other stakeholders) and independence from the agency.” The Conflict of Interest and Disclosure form will be used to determine whether or not a conflict of interest exists for a potential peer review panel member. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E6-21797 Filed 12-20-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request December 15, 2006. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), within 30 days from the date of this publication in the **Federal Register.** The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate 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; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Ethylene Oxide
(EtO)(29 CFR 1910.1047). *OMB Number:* 1218-0108. *Type of Response:* Recordkeeping and Third Party disclosure. *Affected Public:* Business or other for-profits. *Number of Respondents:* 5,474. *Number of Annual Responses:* 209,328. *Estimated Time per Response:* Varies by task. *Total Burden Hours:* 42,732. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $6,369,781. *Description:* The standard requires employers to monitor employee exposure to EtO, to provide medical surveillance, to train employees about the hazards of EtO, and to establish and maintain accurate records of employee exposure to EtO. These records will be used by employers, employees, physicians, and the Government to ensure that employees are not harmed by exposure to EtO. *Agency:* Occupational Safety and Health Administration. *Type of Review:* New collection (request for a new OMB control number). *Title:* OSHA's Conflict of Interest and Disclosure Form. *OMB Number:* 1218-0NEW. *Type of Response:* Reporting. *Affected Public:* Individuals or Households. *Number of Respondents:* 36. *Number of Annual Responses:* 36. *Estimated Time per Response:* Varies from 30 minutes to 1 hour. *Total Burden Hours:* 27. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The Office of Management and Budget
(OMB)published the Final Information Quality Bulletin for Peer Review on December 15, 2004. The Bulletin established that important scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government. Peer review is one of the important procedures used to ensure that the quality of published information meets the standards of the scientific and technical community. It is a form of deliberation involving an exchange of judgments about the appropriateness of methods and the strength of the author's inferences. Peer review involves the review of a draft product for quality by specialists in the field who were not involved in producing the draft. The selection of participants in a peer review is based on expertise, with due consideration of independence and conflict of interest. The Bulletin states “* * * the agency must address reviewers’ potential conflicts of interest (including those stemming from ties to regulated businesses and other stakeholders) and independence from the agency. The Conflict of Interest and Disclosure form will be used to determine whether or not a conflict of interest exists for a potential peer review panel member. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E6-21798 Filed 12-20-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Office of the Secretary Bureau of International Labor Affairs; Notice of Reassignment of Functions of Office of Trade Agreement Implementation to Office of Trade and Labor Affairs; Notice of Procedural Guidelines December 14, 2006. AGENCY: Office of the Secretary, Labor. ACTION: Notice of Reassignment of Functions of Office of Trade Agreement Implementation to Office of Trade and Labor Affairs; Notice of Procedural Guidelines. SUMMARY: The Secretary of Labor announces that the functions of the Office of Trade Agreement Implementation
(OTAI)of the Bureau of International Labor Affairs
(ILAB)have been reassigned to the newly established Office of Trade and Labor Affairs (OTLA). The OTLA will serve as the Contact Point for purposes of administering the labor chapters of the U.S.-Australia, U.S.-Bahrain, U.S.-Chile, U.S.-Morocco, U.S.-Singapore, and U.S.-Dominican Republic-Central America (CAFTA-DR) Free Trade Agreements, as well as labor provisions of other free trade agreements to which the United States may become a party to the extent authorized in such agreements, implementing legislation, or accompanying statements of administrative action. The OTLA will maintain the designation of the National Administrative Office and continue its function to administer Departmental responsibilities under the North American Agreement on Labor Cooperation. The address for this office is: Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-5303, Washington, DC 20210. The telephone numbers are (office) 202-693-4887 and (facsimile) 202-693-4851. In addition, this notice sets out revised procedural guidelines for the Department of Labor's receipt and review of public submissions on matters related to Free Trade Agreement
(FTA)labor chapters and the North American Agreement on Labor Cooperation (NAALC), and describes functions of the OTLA. DATES: *Effective Date:* This document is effective as of December 21, 2006. FOR FURTHER INFORMATION CONTACT: Director, Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-5303, Washington, DC 20210. Telephone:
(202)693-4887 (this is not a toll-free number). Facsimile: 202-693-4851. E-mail: *OTLA@dol.gov.* SUPPLEMENTARY INFORMATION: The Bureau of International Labor Affairs
(ILAB)has undertaken a reorganization that combines all of ILAB's trade-related responsibilities into a new office, the Office of Trade and Labor Affairs (OTLA). The OTLA is comprised of three new divisions: the Trade Policy and Negotiations Division; the Economic and Labor Research Division; and the Trade Agreement Administration and Technical Cooperation Division. This reorganization will enhance coordination and synergy among the various ILAB organizational units conducting trade negotiations, research, reporting, and implementation of the labor provisions of free trade agreements. The OTLA will exercise all functional responsibilities formerly exercised by the OTAI. The OTLA is responsible for implementing trade-related labor policy and coordinating international technical cooperation in support of the labor provisions in FTAs and the NAALC. The OTLA's functions include:
(1)Coordinating the development and implementation of cooperative activities stipulated in the NAALC and FTA labor chapters;
(2)Providing for the receipt and consideration of public submissions on matters related to the NAALC and FTA labor chapters;
(3)Serving as the U.S. government contact point and resource for information on matters related to the NAALC and FTA labor chapters for the general public, the National Administrative Offices
(NAOs)of Canada and Mexico, for the Secretariat of the Commission for Labor Cooperation and other such entities created under the FTA labor chapters. The NAALC and the labor provisions in several recently concluded FTAs require that the OTLA provide for the receipt and review of submissions on labor law matters in the countries signatories to the Agreements. Further details concerning submissions, cooperative activities, and information available to the public appear in the body of the **Federal Register** notice, Sections C through I below. On December 23, 2004, the Bureau of International Labor Affairs published a **Federal Register** notice informing the public of the renaming of the National Administrative Office as the Office of Trade Agreement Implementation; designating the office as the contact point for the NAALC and the labor provisions of FTAs; and requesting comments on the proposed procedural guidelines for the receipt and review of public submissions (69 FR 77128 (Dec. 23, 2004)). The notice provided a 60-day period for submitting written comments, which closed on February 22, 2005. During this period, comments were received from three parties: the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), the U.S. Chamber of Commerce, and Mexico's NAO. The comments were given careful consideration and where appropriate, resulted in modifications to the proposed procedural guidelines. AFL-CIO Comments The AFL-CIO commented that the U.S.-Jordan FTA was excluded from the list of agreements that will be administered by the OTLA and requested that this omission be remedied. The Agreement was excluded because the Department of Labor is not designated as the contact point for the labor provisions of the Jordan Agreement. The four FTAs (Morocco, Australia, Dominican Republic-Central America, and Bahrain) that became effective after the publication of the Department's December 2004 Notice have been added to the list of covered FTAs, and future FTAs will be covered by these procedures to the extent authorized in such agreements, implementing legislation, or accompanying statements of administrative action. The AFL-CIO commented that the proposed guidelines are more restrictive than the current procedural guidelines for the NAALC, and could reduce the number of meritorious complaints that are accepted. In this regard, the AFL-CIO contends that the proposed procedural guidelines may exceed the Department's authority because they expand the grounds upon which the OTLA may reject a submission, narrow the class of acceptable submissions, and lack “broad direction to accept most submissions.” For example, the AFL-CIO commented that Section F.2 of the proposed guidelines adds new requirements for including copies of relevant laws and regulations in submissions, and improperly requires a statement of whether the issue affects trade between the parties. It is not the Department's intent to limit the acceptance of public submissions under the new procedural guidelines. The criteria for evaluating submissions in section F.2 are intended to encourage the submission of relevant information to improve the OTLA's ability to consider and review submissions. Moreover, section F.2 provides that a submission address the criteria “as relevant * * * [and] to the fullest extent possible.” The OTLA recognizes that there may be circumstances where a factor is not relevant to a submission or where information on that factor is unavailable. Under those circumstances, the absence of such information would not be determinative in the OTLA's consideration and review of submissions. For example, the instruction that submissions include copies of relevant laws and regulations to the extent practicable reflects the OTLA's goal of obtaining the maximum amount of information relevant to the matters raised in the submission. Similarly, the instruction that submitters state whether the issues raised in a submission affect trade between the parties is a relevant factor relating to a potential decision to invoke dispute settlement under the FTAs. The AFL-CIO commented that section C.7 of the proposed guidelines limits the basis for consultations by restricting consultations to “any matter arising under a labor chapter or the NAALC,” instead of “any matter relating to another Party's labor laws, administration, or labor market conditions.” The AFL-CIO notes, correctly, that Article 21.1 of the NAALC allows consultations regarding “any matter relating to another Party's labor laws, administration, or labor market conditions.” The intent of section C.7 was to allow for consultations regarding any matter for which consultations are expressly contemplated under the labor chapters of existing and future FTAs. Therefore, in response to the AFL-CIO's comment, the OTLA has revised section C.1 and C.7 to make clear that the basis for consultations under the NAALC has not changed. The AFL-CIO commented that section F.2(e) of the proposed guidelines unnecessarily requires a submission to address whether or not the violation alleged in the submission reflects something other than a reasonable exercise of discretion or a bona fide decision regarding the allocation of resources. The AFL-CIO contends that this factor is irrelevant to many submissions, and burdensome to document inasmuch as it requires submitters to demonstrate a negative. The Department concurs with the AFL-CIO, and therefore this criterion has been omitted from the final notice. Finally, the AFL-CIO commented that section G.2 of the proposed guidelines “eliminates the presumption in favor of acceptance” of a submission, and is likely to result in the rejection of meritorious submissions. The AFL-CIO also commented that the proposed guidelines are likely to create confusion and produce inconsistent rulings by the OTLA because of the broad range of factors to be considered before the OTLA may accept or reject submissions. The AFL-CIO contends it is not clear how the OTLA will weigh the G.2 factors in considering whether to accept or reject a submission. Section G.2 clearly sets forth the criteria to be considered by the OTLA in deciding whether to accept a submission. The purpose of the change to section G.2 was to combine all the factors to be considered by the OTLA when deciding to accept or reject a submission; it was not intended as a functional change in how the OTLA reviews submissions for acceptance. The change to section G.2 was intended to eliminate any perception that the OTLA's review process resulted in the automatic acceptance of submissions. Under the procedural guidelines established in 1994, acceptance of submissions under the NAALC was always conditioned on whether a submission raised issues relevant to labor law matters in the territory of another party and whether a review would further the objectives of the Agreement. Further, submissions were always subject to rejection on several grounds ( *e.g.* , failure to seek domestic remedies, similarity to a recent submission without significant new information, etc.). Section G.2 of the revised guidelines retains the factors established by the 1994 guidelines for the OTLA to consider when deciding whether to accept a submission for review, and thus the OTLA maintains the same level of flexibility in making such decisions. Accordingly, there is no basis for the AFL-CIO's assertion that section G.2 would result in the rejection of meritorious submissions, and it is not necessary to revise Section G.2 in order to assure consideration of meritorious submissions. U.S. Chamber of Commerce Comments The U.S. Chamber of Commerce (“Chamber”) commented generally that the submission process is subject to abuse by labor organizations seeking to put public pressure on an employer. The Chamber proposed that the Department establish additional requirements to be met before a submission is accepted by the OTLA:
(1)That the OTLA decline a submission based on a single incident;
(2)that the OTLA decline a submission that has not been fully adjudicated in the country of jurisdiction;
(3)that there should be no presumption that a submission should be accepted;
(4)that the OTLA decline to identify a submission by the name of the employer;
(5)that the OTLA establish a presumption against holding a public hearing on a submission; and,
(6)that the OTLA adopt procedures to prevent the submission process from being used to interfere with an ongoing labor dispute. The OTLA declines to adopt the Chamber's proposal that it decline a submission based on a single incident, or because it has not been fully adjudicated in the country of jurisdiction. Submission of evidence of a single incident does not preclude the possibility that, upon further investigation, a pattern or practice of non-compliance might be found; indeed it may be difficult for a submitter to compile evidence of multiple instances of non-compliance. As to the proposed exhaustion requirement, neither the NAALC nor the FTA labor chapters require submitters to exhaust their domestic remedies before filing a submission with a Party's contact point. Further, the scope of public submissions under an FTA or the NAALC is not limited to matters that may come before an adjudicatory body. Moreover, allegations that a Party's administrative, quasi-judicial, judicial, and labor tribunal proceedings are not fair, equitable, or transparent may form the basis of a submission asserting that Party's failure to meet its commitments under the NAALC or an FTA. Finally, to accept the Chamber's proposal to require full adjudication in the country of origin would provide a means for a government party to veto, through inaction, the OTLA's consideration of a particular submission. The Chamber of Commerce supports the Department's revision of section G.2 as an effective means of eliminating any presumption that a submission will be accepted. As explained above in response to the AFL-CIO's comments, the change in section G.2 was not intended as a functional change in how the OTLA reviews submissions for acceptance. A review of the disposition of public submissions to the OTLA since 1994 indicates that, in practice, the OTLA has not read the guidelines to create a presumption that a submission will be accepted. In response to the Chamber's comment that a submission not be identified by the name of the employer, the OTLA notes that submissions have not been identified by employer name since 2001. The OTLA currently uses the geographical location of the subject of the submission to identify the submission. Concerning public hearings, the OTLA's experience is that hearings can be effective means of gathering information and testimony from witnesses. A public hearing is also an important means of assuring transparency in the OTLA's functioning. In section H.3 of both the current and proposed guidelines, the OTLA retains the flexibility to hold a public hearing as a means of acquiring information relevant to its review of a submission. In addition, in the proposed guidelines, holding a public hearing is mentioned as one of many potential means for the public to submit relevant information. Therefore, the Department finds it inadvisable to create a presumption against holding a public hearing, and the guidelines will retain the flexibility for the OTLA to hold public hearings in appropriate cases. The Chamber recommended that the Department adopt further guidelines to ensure that the submission process not be used to intervene or interfere with labor disputes. As the contact point on the labor chapters of an FTA and the NAALC, the OTLA must provide for the receipt of public submissions on any matter relating to a labor chapter of an FTA or the NAALC. In the past, submissions have often referred to an ongoing labor dispute, and, in some instances, information about a labor dispute has provided useful context for the alleged violations and facilitated the OTLA's review of the allegations. In the context of the review process, however, the OTLA's role is not to assess the merits of the labor dispute, but to assist in the resolution of issues related to a Party's obligations under the NAALC or the labor chapter of an FTA. The proposed guidelines do not alter the focus of the review, which continues to be on assessing government action or inaction and not on the behavior of particular employers or workers. Mexican NAO Comments The Mexican NAO commented that proposed section C.1, which “encourages” public input and provides for the receipt of communications relating to the NAALC or a labor chapter of an FTA, exceeds the authority given to the OTLA by Article 16.3 of the NAALC to merely “provide for the submission and receipt” of public communications. The word “encourage” in the first sentence of section C.1 of the proposed guidelines referred to the receipt of input from the public on a broad range of issues related to a labor chapter of an FTA or the NAALC. It did not refer to the receipt of submissions, which specifically deal with possible violations of a labor chapter of an FTA or the NAALC, and was not intended to encourage the filing of submissions against Parties. However, to clarify any possible ambiguities in the language of section C.1, the section has been revised to state that the OTLA shall “receive and consider” public communications on matters relating to a labor chapter of an FTA and the NAALC, and the objective of encouraging public comments on labor issues has been moved to section C.3. Mexico also commented that consultations with foreign government representatives of NAALC Parties should be undertaken only through the NAO of the party against whom a submission was filed. The language of section C.1 has been revised to clarify that consultations with a foreign government shall take place with foreign government officials, the designated contact point (in the case of the NAALC, the Mexican or Canadian NAO), and non-government representatives, as appropriate. Time Frames for Agency Action on Submissions In addition to addressing the public comments on the proposed procedural guidelines, the Department has determined it is appropriate to reconsider whether the time frames for OTLA action on submissions contained in the proposed guidelines are realistic. Section G.1 of the proposed guidelines provides that OTLA must decide whether to accept a submission for review within 60 days of the receipt of the submission, the same time period as provided in section G.1 of the current procedural guidelines. 59 FR 16660 (1994). In addition, section H.7 of the proposed guidelines provides that OTLA must issue a public report on a submission “[w]ithin 120 days of the acceptance of a submission for review, unless circumstances require an extension of time of up to 60 additional days * * *,” the same time period provided in section H.8 of the current procedural guidelines. 59 FR 16660 (1994). These time periods are not mandated by any statute or other authority, and are matters of agency procedure. Experience under the current guidelines has demonstrated that these periods of time for accepting submissions and issuing final reports are not always sufficient, for example, in cases where significant supplemental materials are provided by the submitters, where issues are particularly complex, or where on-site investigations are conducted outside of the United States. Upon further consideration, OTLA has determined that the guidelines should provide additional flexibility in the time periods for accepting submissions and preparation of public reports, to establish a more realistic timeframe. Accordingly, section G.1 has been revised to allow extension of the 60-day period for accepting submissions, and section H.7 has been revised to allow an initial period of 180 days to issue a public report, and to remove the 60-day limitation on an extension of time. OTLA believes these revisions strike an appropriate balance between the need to resolve submissions promptly, and the need for careful research, investigation, and analysis in deciding whether to accept a submission and in preparation of public reports in cases that often present complex legal and factual issues. Designation of the Secretary of the National Administrative Office Article 15.1 of the NAALC requires the Parties to establish a National Administrative Office
(NAO)at the Federal government level and to notify the other Parties of its location. Article 15.2 requires each Party to designate a Secretary for its NAO, who shall be responsible for its administration and management. Pursuant to the NAALC, the Secretary of Labor established the U.S. NAO in 1994 (59 FR 16660 (Apr. 1, 1994) and is responsible for its administration. To clarify that the Secretary of Labor has the authority to designate the Secretary of the NAO and retains flexibility in making the designation, Section A.3 of the Guidelines has been revised to indicate that the Director of the OTLA shall be the Secretary of the NAO unless the Secretary of Labor directs otherwise. The attached notice reassigns the functions of the Office of Trade Agreement Implementation to the Office of Trade and Labor Affairs and sets out revised procedural guidelines pertaining to public submissions, superseding the Revised Notice of Establishment and Procedural Guidelines published on April 7, 1994 (59 FR 16660) and the Notice of Renaming the National Administrative Office as the Office of Trade Agreement Implementation; Designation of the Office as the Contact Point for Labor Provisions of Free Trade Agreements; and Request for Comments on Procedural Guidelines published on December 23, 2004 (69 FR 77128). Signed at Washington, DC, on December 14, 2006. Elaine L. Chao, Secretary of Labor. The Notice Is Set Out Below. Notice of Procedural Guidelines Section A. Designation of Contact Point 1. The Office of Trade and Labor Affairs is designated as the contact point as required by Article 15.4.2 and Annex 15-A of the U.S.-Bahrain FTA, Article 18.4.3 and Annex 18.5 of the U.S.-Chile FTA, Article 17.4.2 and Annex 17A of the U.S.-Singapore FTA, Article 16.4.1 and Annex 16-A of the U.S.-Morocco FTA, Article 18.4.2 of the U.S.-Australia FTA, and Article 16.4.3 and Annex 16.5 of the U.S.-Dominican Republic-Central America FTA (CAFTA-DR). 2. The Office of Trade and Labor Affairs is designated as the contact point for labor chapters of other FTAs to which the United States may become a party to the extent provided for in such agreements, implementing legislation, or accompanying statements of administrative action. 3. The Office of Trade and Labor Affairs retains the functions of, and designation as, the National Administrative Office to administer Departmental responsibilities under the North American Agreement on Labor Cooperation. Unless the Secretary of Labor directs otherwise, the Director of the Office of Trade and Labor Affairs retains the functions of, and designation as, the Secretary of the National Administrative Office under Article 15 of the North American Agreement on Labor Cooperation. Section B. Definitions As used herein: *FTA* means the U.S.-Bahrain Free Trade Agreement, the U.S.-Chile Free Trade Agreement, the U.S.-Singapore Free Trade Agreement, the U.S.-Australia Free Trade Agreement, the U.S.-Morocco Free Trade Agreement, the CAFTA-DR, or other free trade agreement to which the United States may become a party under which the Department is given a role in administering the labor provisions of the agreement; *Another Party or other Party* means a country other than the United States that is a Party to an FTA or the NAALC; *Commission for Labor Cooperation* means the Commission for Labor Cooperation established pursuant to Article 8 of the NAALC; *Labor chapter* means Chapter 15 of the U.S.-Bahrain FTA, Chapter 18 of the U.S.-Chile FTA, Chapter 17 of the U.S.-Singapore FTA, Chapter 16 of the U.S.-Morocco FTA, Chapter 18 of the U.S.-Australia FTA, Chapter 16 of the CAFTA-DR, or a labor chapter of any other FTA; *Labor committee* refers to
(1)The Labor Affairs Council established pursuant to Article 18.4.1 of the U.S.-Chile Free Trade Agreement, Article 16.4.1 of the CAFTA-DR, or pursuant to any other FTA and
(2)a Subcommittee on Labor Affairs that may be established by the Joint Committee pursuant to Article 15.4 of the Bahrain FTA, Article 17.4.1 of the U.S.-Singapore FTA, Article 18.4.1 of the U.S.-Australia FTA, Article 16.6.3 of the U.S.-Morocco FTA, or pursuant to any other FTA; *Labor cooperation program* refers to
(1)The Cooperative Activities Program undertaken by the Parties to the NAALC and
(2)a Labor Cooperation Mechanism established pursuant to Article 15.5 of the U.S.-Bahrain FTA, Article 18.5 of the U.S.-Chile FTA, Article 17.5 of the U.S.-Singapore FTA, Article 16.5 of the U.S.-Morocco FTA, Article 18.5 of the U.S.-Australia FTA, Article 16.5 of the CAFTA-DR, or a similar mechanism established pursuant to any other FTA; *Labor organization* includes any organization of any kind, including such local, national, and international organizations or federations, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; *NAALC* means the North American Agreement on Labor Cooperation; *Non-governmental organization* means any scientific, professional, business, or public interest organization or association that is neither affiliated with, nor under the direction of, a government; *Party* means a Party to an FTA or the NAALC; *Person* includes one or more individuals, non-governmental organizations, labor organizations, partnerships, associations, corporations, or legal representatives; and *Submission* means a communication from the public containing specific allegations, accompanied by relevant supporting information, that another Party has failed to meet its commitments or obligations arising under a labor chapter or Part Two of the NAALC. Section C. Functions of the Office of Trade and Labor Affairs 1. The OTLA shall receive and consider communications from the public on any matter related to the NAALC or a labor chapter of an FTA. The OTLA shall consider the views expressed by the public; consult, as appropriate, with foreign government officials, the designated contact point, and non-government representatives; and provide appropriate and prompt responses. 2. The OTLA shall provide assistance to the Secretary of Labor on all matters concerning a labor chapter of an FTA or the NAALC, including the development and implementation of a labor cooperation program. 3. The OTLA shall serve as a contact point with agencies of the United States government, counterparts from another Party, the public, governmental working or expert groups, business representatives, labor organizations, and non-governmental organizations concerning matters under a labor chapter or the NAALC. The OTLA encourages comments on relevant labor issues from the public at large and will consider them as appropriate. 4. The OTLA shall promptly provide publicly available information pursuant to Article 16.2 of the NAALC as requested by the Secretariat of the Commission for Labor Cooperation, the National Administrative Office of another Party, or an Evaluation Committee of Experts. 5. The OTLA shall receive, determine whether to accept for review, and review submissions on another Party's commitments and obligations arising under a labor chapter or the NAALC, as set out in Sections F, G, and H. 6. The OTLA may initiate a review of any matter arising under a labor chapter or the NAALC. 7. The OTLA may request, undertake, and participate in consultations with another Party pursuant to Parts One, Four and Five of the NAALC, or pursuant to the consultation provisions of FTAs, such as Article 15.6 of the U.S.-Bahrain FTA, Article 18.6 of the U.S.-Chile FTA, Article 17.6 of the U.S.-Singapore FTA, Article 18.6 of the U.S.-Australia FTA, Article 16.6 of the U.S.-Morocco FTA, and Article 16.6 of the CAFTA-DR, and respond to requests for such consultations made by another Party. 8. The OTLA shall assist a labor committee or the Commission for Labor Cooperation on any relevant matter. 9. The OTLA shall, as appropriate, establish working or expert groups; consult with and seek advice of non-governmental organizations or persons; prepare and publish reports as set out in Section J and on matters related to the implementation of a labor chapter pursuant to Article 15.4.3 and 15.4.5 of the U.S.-Bahrain FTA, Article 18.4.4 and 18.4.6 of the U.S.-Chile FTA, Article 17.4.3 and 17.4.5 of the U.S.-Singapore FTA, Article 16.4.4 and 16.4.6 of the CAFTA-DR, Article 18.4.3 of the U.S.-Australia FTA, Article 16.4.2 and 16.4.4 of the U.S.-Morocco FTA, or pursuant to any other FTA; collect and maintain information on labor law matters involving another Party; and compile materials concerning labor law legislation of another Party. 10. The OTLA shall consider the views of any advisory committee established or consulted to provide advice in administering a labor chapter or the NAALC. 11. In carrying out its responsibilities under the labor chapters and the NAALC, the OTLA shall consult with the Office of the United States Trade Representative, the Department of State, and other appropriate entities in the U.S. government. Section D. Cooperation 1. The OTLA shall conduct at all times its activities in accordance with the principles of cooperation and respect embodied in the FTAs and the NAALC. In its dealings with a contact point of another Party and all persons, the OTLA shall endeavor to the maximum extent possible to resolve matters through consultation and cooperation. 2. The OTLA shall consult with the contact point of another Party during the submission and review process set out in Sections F, G and H in order to obtain information and resolve issues that may arise. 3. The OTLA, on behalf of the Department of Labor and with other appropriate agencies, shall develop and implement cooperative activities under a labor cooperation program. The OTLA may carry out such cooperative activities through any means the Parties deem appropriate, including exchange of government delegations, professionals, and specialists; sharing of information, standards, regulations and procedures, and best practices; organization of conferences, seminars, workshops, meetings, training sessions, and outreach and education programs; development of collaborative projects or demonstrations; joint research projects, studies, and reports; and technical exchanges and cooperation. 4. The OTLA shall receive and consider views on cooperative activities from worker and employer representatives and from other members of civil society. Section E. Information 1. The OTLA shall maintain public files in which submissions, transcripts of hearings, **Federal Register** notices, reports, advisory committee information, and other public information shall be available for inspection during normal business hours, subject to the terms and conditions of the Freedom of Information Act, 5 U.S.C. 552. 2. Information submitted by a person or another Party to the OTLA in confidence shall be treated as exempt from public inspection if the information meets the requirements of 5 U.S.C. 552(b) or as otherwise permitted by law. Each person or Party requesting such treatment shall clearly mark ”submitted in confidence” on each page or portion of a page so submitted and furnish an explanation as to the need for exemption from public inspection. If the material is not accepted in confidence it will be returned promptly to the submitter with an explanation for the action taken. 3. The OTLA shall be sensitive to the needs of an individual's confidentiality and shall make every effort to protect such individual's interests. Section F. Submissions 1. Any person may file a submission with the OTLA regarding another Party's commitments or obligations arising under a labor chapter or Part Two of the NAALC. Filing may be by electronic e-mail transmission, hand delivery, mail delivery, or facsimile transmission. A hard copy submission must be accompanied by an electronic version in a current PDF, Word or Word Perfect format, including attachments, unless it is not practicable. 2. The submission shall identify clearly the person filing the submission and shall be signed and dated. It shall state with specificity the matters that the submitter requests the OTLA to consider and include supporting information available to the submitter, including, wherever possible, copies of laws or regulations that are the subject of the submission. As relevant, the submission shall address and explain to the fullest extent possible whether:
(a)The matters referenced in the submission demonstrate action inconsistent with another Party's commitments or obligations under a labor chapter or the NAALC, noting the particular commitment or obligation;
(b)there has been harm to the submitter or other persons, and, if so, to what extent;
(c)the matters referenced in the submission demonstrate a sustained or recurring course of action or inaction of non-enforcement of labor law by the other Party;
(d)the matters referenced in the submission affect trade between the parties;
(e)relief has been sought under the domestic laws of the other Party, and, if so, the status of any legal proceedings; and
(f)the matters referenced in the submission have been addressed by or are pending before an international body. Section G. Acceptance of Submissions 1. Within 60 days after the filing of a submission, unless circumstances as determined by the OTLA require an extension of time, the OTLA shall determine whether to accept the submission for review. The OTLA may communicate with the submitter during this period regarding any matter relating to the determination. 2. In determining whether to accept a submission for review, the OTLA shall consider, to the extent relevant, whether:
(a)The submission raises issues relevant to any matter arising under a labor chapter or the NAALC;
(b)a review would further the objectives of a labor chapter or the NAALC;
(c)the submission clearly identifies the person filing the submission, is signed and dated, and is sufficiently specific to determine the nature of the request and permit an appropriate review;
(d)the statements contained in the submission, if substantiated, would constitute a failure of the other Party to comply with its obligations or commitments under a labor chapter or the NAALC;
(e)the statements contained in the submission or available information demonstrate that appropriate relief has been sought under the domestic laws of the other Party, or that the matter or a related matter is pending before an international body; and
(f)the submission is substantially similar to a recent submission and significant, new information has been furnished that would substantially differentiate the submission from the one previously filed. 3. If the OTLA accepts a submission for review, it shall promptly provide written notice to the submitter, the relevant Party, and other appropriate persons, and promptly publish in the **Federal Register** notice of the determination, a statement specifying why review is warranted, and the terms of the review. 4. If the OTLA declines to accept a submission for review, it shall promptly provide written notice to the submitter stating the reasons for the determination. Section H. Reviews and Public Reports 1. Following a determination by the OTLA to accept a submission for review, the OTLA shall conduct such further examination of the submission as may be appropriate to assist it to better understand and publicly report on the issues raised. The OTLA shall keep the submitter apprised of the status of a review. 2. Except for information exempt from public inspection pursuant to Section E, information relevant to a review shall be placed in a public file. 3. The OTLA shall provide a process for the public to submit information relevant to the review, which may include holding a public hearing. 4. Notice of any such hearing under paragraph 3 shall be published in the **Federal Register** 30 days in advance. The notice shall contain such information as the OTLA deems relevant, including information pertaining to requests to present oral testimony and written briefs. 5. Any hearing shall be open to the public. All proceedings shall be conducted in English, with simultaneous interpretation provided as the OTLA deems necessary. 6. Any hearing shall be conducted by an official of the OTLA or another Departmental official, assisted by staff and legal counsel, as appropriate. The public file shall be made part of the hearing record at the commencement of the hearing. 7. Within 180 days of the acceptance of a submission for review, unless circumstances as determined by the OTLA require an extension of time, the OTLA shall issue a public report. 8. The report shall include a summary of the proceedings and any findings and recommendations. Section I. Recommendations to the Secretary of Labor 1. The OTLA may make a recommendation at any time to the Secretary of Labor as to whether the United States should request consultations with another Party pursuant to Article 15.6.1 of the U.S.-Bahrain FTA, Article 18.6.1 of the U.S.-Chile FTA, Article 17.6.1 of the U.S.-Singapore FTA, Article 18.6.1 of the U.S. Australia FTA, Article 16.6.1 of the U.S. Morocco FTA, Article 16.6.1 of the CAFTA-DR, pursuant to the labor provisions of any other FTA, or consultations with another Party at the ministerial level pursuant to Article 22 of the NAALC. As relevant and appropriate, the OTLA shall include any such recommendation in the report prepared in response to a submission. 2. If, following any such consultations, the matter has not been resolved satisfactorily, the OTLA shall make a recommendation to the Secretary of Labor concerning the convening of a labor committee in accordance with an FTA, or the establishment of an Evaluation Committee of Experts in accordance with Article 23 of the NAALC, as appropriate. 3. If the mechanisms referred to in paragraph 2 are invoked and the matter subsequently remains unresolved, and the matter concerns whether a Party is conforming with an obligation under a labor chapter, such as Article 16.2.1.a of the CAFTA-DR, Article 18.2.1.a of the U.S.-Chile FTA, or Part Two of the NAALC, that is subject to the dispute settlement provisions of an FTA or the NAALC, the OTLA shall make a recommendation to the Secretary of Labor concerning pursuit of dispute resolution under such provisions. 4. Before making such recommendations, OTLA shall consult with the Office of the United States Trade Representative, the Department of State, and other appropriate entities in the U.S. government Section J. Periodic and Special Reports 1. The OTLA shall publish periodically a list of submissions presented to it, including a summary of the disposition of such submissions. 2. The OTLA shall obtain and publish periodically information on public communications considered by the other Parties. 3. The OTLA may undertake reviews and publish special reports on any topics under its purview on its own initiative or upon request from the Secretary of Labor. [FR Doc. E6-21837 Filed 12-20-06; 8:45 am] BILLING CODE 4510-28-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,770] Charleston Hosiery, Inc. Currently Known as Renfro Charleston, LLC Fort Payne, AL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974, (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 7, 2005, applicable to workers of Charleston Hosiery, Inc., Fort Payne, Alabama. The notice was published in the **Federal Register** on May 16, 2005 (70 FR 25862). At the request of a company official, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of socks. The subject firm originally named Charleston Hosiery, Inc. was renamed Renfro Charleston, LLC on November 16, 2006 due to a change in ownership. The State agency reports that workers wages at the subject firm are being reported under the Unemployment Insurance
(UI)tax account for Renfro Charleston, LLC, Fort Payne, Alabama. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Charleston Hosiery, Inc. who were adversely affected by increased company imports. The amended notice applicable to TA-W-56,770 is hereby issued as follows: All workers of Charleston Hosiery, currently known as Renfro Charleston, LLC, Fort Payne, Alabama, who became totally or partially separated from employment on or after March 7, 2004, through April 7, 2007, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 8th day of December 2006. Linda G. Poole, Certifying Officer, Division, of Trade Adjustment Assistance. [FR Doc. E6-21786 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,405] Employment Solutions Workers Employed at Water Pik, Inc. Loveland, CO; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 13, 2006 in response to a worker petition filed the Colorado Department of Labor and Employment on behalf of workers of Employment Solutions employed at Water Pik, Inc, Loveland, Colorado. The workers of Employment Solutions employed at Water Pik, Inc, Loveland, Colorado are covered by a certification that was amended to include them and issued officially on November 30, 2006 (TA-W-58,831). Therefore, this investigation is terminated. Signed at Washington, DC this 13th day of December, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21795 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,504] Ford Motor Company; St. Louis Assembly Plant Hazelwood, MO; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 21, 2006 in response to a petition filed on behalf of workers of Ford Motor Company, St. Louis Assembly Plant, Hazelwood, Missouri. The petitioning group of workers is covered by an earlier petition filed on November 24, 2006 (TA-W-60,478) that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC, this 11th day of December, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21789 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,434] HI Specialty America Division of Hitachi Metals America, Ltd. Irwin, PA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 15, 2006, in response to a worker petition filed by a company official on behalf of workers at Hi Specialty America, Division of Hitachi Metals America, Ltd., Irwin, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 11th day of December 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21788 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,206; TA-W-60,206A] Kentucky Derby Hosiery Company, Inc. Currently Known as Kentucky Derby Hosiery/Gildan Plant 6 Also Known as Lynne Plant and Plant 7 Also Known as Forest Drive Plant Including On-Site Leased Workers of Ablest Staffing and Randstand Temporary Services; Including On-Site Leased Workers of Ablest Staffing and Randstand Temporary Services; Mount Airy, NC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on October 25, 2006, applicable to workers of Kentucky Derby Hosiery Company, Inc., Plant 6, also known as Lynne Plant, Mount Airy, North Carolina and Kentucky Derby Hosiery Company, Inc., Plant 7, also known as Forest Drive Plant, including on-site leased workers from Ablest Staffing and Randstand Temporary Services, Mount Airy, North Carolina. The notice was published in the **Federal Register** on November 16, 2006 (71 FR 66799). At the request of a company official, the Department reviewed the certification for workers of the subject firm. The workers produce socks. New information shows that Gildan purchased the Kentucky Derby Hosiery Company, Inc. on December 1, 2006. The subject firm is currently known as Kentucky Derby Hosiery/Gildan, Plant 6, also known as Lynne Plant, and Plant 7, also known as Forest Drive Plant, Mount Airy, North Carolina. Workers separated from employment at Plant 6 and Plant 7 of the subject firm have their wages reported under a separate unemployment insurance
(UI)tax account for Kentucky Derby Hosiery/Gildan. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Kentucky Derby Hosiery Company, Inc., Plant 6, also known as Lynne Plant and Plant 7, also known as Forest Drive Plant, who were adversely affected by a shift in production to the Dominican Republic, Costa Rica and Honduras. The amended notice applicable to TA-W-60,206 and TA-W-60,206A are hereby issued as follows: All workers of Kentucky Derby Hosiery Company, Inc., currently known as Kentucky Derby Hosiery/Gildan, Plant 6, also known as Lynne Plant, Mount Airy, North Carolina (TA-W-60,206) and Kentucky Derby Hosiery Company, Inc., currently known as Kentucky Derby Hosiery/Gildan, Plant 7, also known as Forest Drive Plant, including on-site leased workers from Ablest Staffing and Randstand Temporary Staffing, Mount Airy, North Carolina (TA-W-60,206A), who became totally or partially separated from employment on or after October 2, 2005, through October 25, 2008, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 12th day of December 2006. Linda G. Poole, Certifying Officer, Division, of Trade Adjustment Assistance. [FR Doc. E6-21787 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,564] Lee Middleton Original Dolls, Inc. Belpre, OH; Notice of Termination Of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 8, 2006, in response to a petition filed on behalf of workers of Lee Middleton Original Dolls, Inc., Belpre, Ohio. The petition has been deemed invalid. The petition contained petitioner information for three workers but was not signed by all three workers. Consequently, the investigation has been terminated. Signed at Washington, DC, this 13th day of December 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-21796 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221
(a)of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221
(a)of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than January 2, 2007. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than January 2, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 14th day of December 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. Appendix—TAA [Petitions instituted between 12/4/06 and 12/8/06] TA-W Subject firm (petitioners) Location Date of institution Date of petition 60521 P.H. Precision products Corp.
(Comp)Pembroke, NH 12/04/06 11/28/06 60522 Michaels of Oregon
(Comp)Meridian, ID 12/04/06 12/01/06 60523 Brunswick Family Boat Group
(Comp)Cumberland, MD 12/04/06 12/01/06 60524 Eaton Paperboard Converters
(Wkrs)Booneville, MS 12/04/06 11/27/06 60525 Special Tool
(Wkrs)Fraser, MI 12/04/06 11/29/06 60526 Hardwick Knitted Fabrics, Inc.
(Comp)West Warren, MA 12/04/06 11/30/06 60527 Anchor Danley/Danley IEM, LLC
(Comp)Cleveland, OH 12/04/06 11/13/06 60528 Sherwood Harsco
(UAW)Niagara Falls, NY 12/04/06 11/28/06 60529 Hospira, Inc.
(Comp)Rocky Mount, NC 12/05/06 12/04/06 60530 Tower Automotive, Inc.
(Comp)Upper Sandusky, OH 12/05/06 12/05/06 60531 Intelliden, Inc.
(Wkrs)Colorado Springs, CO 12/05/06 11/29/06 60532 Auburn Apparel, Inc.
(Comp)Auburn, PA 12/05/06 12/06/06 60533 International Filing Company
(Wkrs)Waukegan, IL 12/05/06 12/04/06 60534 Ceramaspeed, Inc. (State) Maryville, TN 12/05/06 12/04/06 60535 Broyhill Lenoir Furniture Corp.
(Comp)Lenoir, NC 12/05/06 12/04/06 60536 Accotex, Inc.
(Comp)Mauldin, SC 12/05/06 12/04/06 60537 Plastex Extruders, Inc. USA
(Comp)Fort Payne, AL 12/05/06 12/01/06 60538 Hipwell Manufacturing Co.
(Wkrs)Pittsburgh, PA 12/05/06 12/04/06 60539 Moll Industries, Inc.
(Wkrs)New Braunfels, TX 12/05/06 12/05/06 60540 Lundia Division of MII, Inc. (Union) Jacksonville, IL 12/05/06 12/01/06 60541 Siemens VDO
(IBT)Elkhart, IN 12/06/06 12/04/06 60542 GreatBatch Hittman (State) Columbia, MD 12/06/06 12/05/06 60543 Edscha Jackson
(Comp)Jackson, MI 12/06/06 12/05/06 60544 Schiffer Dental Care Products, LLC
(Comp)Agawam, MA 12/06/06 12/05/06 60545 NICE Systems, Inc.
(Wkrs)Shelton, CT 12/06/06 12/05/06 60546 Phillips Diversified Mfg., Inc.
(Comp)Annville, KY 12/06/06 11/28/06 60547 Enterprise Die, Inc.
(Wkrs)Grandville, MI 12/06/06 11/29/06 60548 Alan White Company
(Wkrs)Sulligent, AL 12/07/06 11/22/06 60549 Blue Holdings, Inc. (State) Commerce, CA 12/07/06 11/27/06 60550 V H Furniture Corporation
(Comp)Atkins, VA 12/07/06 12/06/06 60551 Haggar Clothing Company
(Wkrs)Dallas, TX 12/07/06 12/05/06 60552 American Specialty Cars, Inc.
(Wkrs)Livonia, MI 12/07/06 12/05/06 60553 Graftech (UCAR Carbon)
(Comp)Clarksville, TN 12/07/06 12/07/06 60554 Spectrum Brands, Inc.
(Comp)Fennimore, WI 12/07/06 12/06/06 60555 Beard Hosiery, Inc.
(Wkrs)Lenoir, NC 12/07/06 12/07/06 60556 Hitachi Electronic Devices (USA), Inc.
(Comp)Greenville, SC 12/07/06 12/05/06 60557 Burley Design (State) Eugene, OR 12/07/06 12/06/06 60558 Super Value Distribution Center
(Wkrs)Pleasant Prairie, WI 12/07/06 12/07/06 60559 ESCO Company, Ltd. Partnership (State) Muskegon, MI 12/08/06 12/07/06 60560 Electronic Data Systems
(EDS)(Union) Rochester, NY 12/08/06 11/21/06 60561 Aramark Uniform and Career Apparel (State) Lawrenceville, GA 12/08/06 12/07/06 60562 Seagate (State) Bloomington, MN 12/08/06 12/07/06 60563 General Chemical Performance Products—Gibbstown
(Comp)Gibbstown, NJ 12/08/06 12/06/06 60564 Lee Middleton Original Dolls, Inc.
(Wkrs)Belpre, OH 12/08/06 11/21/06 60565 Briggs and Stratton, P.P.G.
(Wkrs)Jefferson, WI 12/08/06 11/20/06 60566 E Trade Mortgage Corporation
(Wkrs)Coraopolis, PA 12/08/06 12/06/06 60567 Accordis Chicago Service Ctr.
(Wkrs)Chicago, IL 12/08/06 12/04/06 [FR Doc. E6-21790 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,083] QPM Aerospace, Inc. Portland, OR; Notice of Negative Determination Regarding Application for Reconsideration By application of November 1, 2006, a petitioner representative requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice was signed on September 29, 2006 and published in the **Federal Register** on October 16, 2006 (71 FR 60763). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)if in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The TAA petition, which was filed by a State agency representative on behalf of workers at QPM Aerospace, Inc., Portland, Oregon engaged in the production of aircraft precision machine parts, was denied based on the findings that during the relevant time periods, the subject company did not separate or threaten to separate a significant number or proportion of workers, as required by Section 222 of the Trade Act of 1974. In the request for reconsideration, the petitioner states that there were seven workers laid off from the subject firm during the relevant time period. For companies with a workforce of over fifty workers, a significant proportion of worker separations or threatened separations is five percent. Significant number or proportion of the workers in a firm or appropriate subdivision with a workforce of fewer than 50 workers is at least three workers. In determining whether there were a significant proportion of workers separated or threatened with separations at the subject company during the relevant time periods, the Department requested employment figures for the subject firm for 2004, 2005, January-August 2005 and January-August 2006. A careful review of the information provided in the initial investigation revealed that there were layoffs at the subject during the relevant time period, however, overall employment has increased during the relevant time period. A review of the initial investigation also revealed that the subject company sales and production increased from 2004 to 2005, and also increased during January through August of 2006 when compared with the same period in 2005, and that the subject company did not shift production abroad. As employment levels, sales and production at the subject facility did not decline in the relevant period, and the subject firm did not shift production to a foreign country, criteria (a)(2)(A)(I.A), (a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have not been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 15th day of December, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21793 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,572; TA-W-60,572A] Senco Products, Inc. Plant 1 and 2; Cincinnati, OH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 11, 2006 in response to a petition filed on behalf of workers at Senco Products, Plant 1, Cincinnati, Ohio (TA-W-60,572) and Senco Products, Plant 2, Cincinnati, Ohio (TA-W-60,572A). The petitioning workers are covered by a certification of eligibility to apply for worker adjustment assistance and alternative trade adjustment assistance issued on December 12, 2006 (TA-W-60,250 and TA-W-60,250A). Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 12th day of December 2006 Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-21785 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,056] Short Bark Industries, Tellico Plains, TN; Notice of Negative Determination Regarding Application for Reconsideration By application of October 20, 2006 a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance (ATAA). The denial notice was signed on October 3, 2006 and published in the **Federal Register** on October 31, 2006 (71 FR 63800). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)if in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The TAA petition, filed on behalf of workers at Short Bark Industries, Tellico Plains, Tennessee engaged in production of cut pieces for camouflage clothing was denied because the “contributed importantly” group eligibility requirement of Section 222 of the Trade Act of 1974 was not met. The “contributed importantly” test is generally demonstrated through a survey of the workers' firm's customers. The survey revealed no imports of cut pieces for camouflage clothing in 2004, 2005 and January through August of 2006 when compared with the same period in 2005. The subject firm did not import cut pieces for camouflage clothing in the relevant period nor did it shift production to a foreign country. In the request for reconsideration, the petitioner alleges that the layoffs at the subject firm are attributable to a shift in production to Honduras and Puerto Rico. Two company officials were contacted regarding the above allegations. The company officials stated that the subject firm did not shift production from the subject facility to Honduras. The officials stated that the subject firm exported cut pieces for camouflage clothing abroad to a customer with the foreign facility for further production. This ceased its business with the subject firm in order to perform all the cutting abroad. The Short Bark Industries decided not to pursue the cutting business any longer and sold some of the machinery from the subject firm to the customer. Both of the officials confirmed that there is no affiliation between Short Bark Industries, Tellico Plains, Tennessee and its major customer. Contact with an official of the subject firm's customer confirmed that all production for this customer was exclusively for export purposes. As trade adjustment assistance is concerned exclusively with whether imports impact layoffs of petitioning worker groups, the above-mentioned allegations regarding agreements between the subject firm and their foreign customer base are irrelevant. The official also confirmed that some of the production was shifted from the subject facility to a plant in Puerto Rico during the relevant time period. In the request for reconsideration, the petitioner seems to imply that a shift of production to Puerto Rico on the part of the company constitutes a shift of production to a country included in Caribbean Basin Economic Recovery Act. The petitioner seems to conclude that this shift to Puerto Rico is responsible for separations at the subject facility. Puerto Rico is a U.S. Territory and therefore any movement of production to this region would not constitute a shift of production to a foreign source. The petitioner provided the name of the former supervisor who according to the petitioner is currently in Honduras training workers. The official confirmed this statement and added that this supervisor in question is now employed by subject firm's customer and is working in Honduras on behalf of this customer. The petitioner also provided a name of the subject firm's employee who is allegedly currently making patterns for the Honduras plant. The Department contacted this employee to verify the above information. The employee stated that he is still employed by Short Bark Industries and that he does not make markers or patterns for the Honduras plant. The petitioner attached an article, with no reference to the source or the date of the article. The article is a short biography on the founder of Short Bark Industries, and refers to the activities of the subject firm from 1991 to 2003. In its investigation, the Department considers events and facts that occurred within a year prior to the date of the petition. Thus, the period between 1991 and 2003 is outside of the relevant period as established by the current petition date of November 9, 2006. The officials of the subject firm confirmed directly that Short Bark Industries did not shift production from the subject firm to any facility abroad in the relevant period. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 13th day of December, 2006 Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21791 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,306] United Auto Workers, Local 969 Columbus, OH; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at United Auto Workers, Local 969, Columbus, Ohio. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. TA-W-60,306; United Auto Workers, Local 969 Columbus, Ohio (December 8, 2006) Signed at Washington, DC this 13th day of December 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment, Assistance. [FR Doc. E6-21794 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,078] Weyerhaeuser Company Lebanon Lumber Division Lebanon, OR; Notice of Affirmative Determination Regarding Application for Reconsideration By application dated November 27, 2006, the Carpenter's Industrial Council, United Brotherhood of Carpenters and Joiners of America (Union), requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The Department's determination was issued on October 19, 2006. The Department's Notice of determination was published in the **Federal Register** on November 6, 2006 (71 FR 65004). The denial was based on the Department's findings that, during the relevant period, the subject company did not import lumber studs or shift production of lumber studs overseas and that the subject company's major declining customers had negligible imports of green df studs during the surveyed periods. The Union alleges that the Weyerhaeuser Company purchased a softwood lumber production facility in Canada, inferring that the firm has increased imports of lumber or articles like or directly competitive with lumber produced at the subject facility. The Department has carefully reviewed the Union's request for reconsideration and has determined that the Department will conduct further investigation. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 15th day of December 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-21792 Filed 12-20-06; 8:45 am] BILLING CODE 4510-30-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [06-089] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Public Law 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract In response to NASA's change in mission, i.e., to explore the solar system, NASA is reexamining approaches to structuring, sizing, and managing its programs by benchmarking best practices in select successful programs in corporate America. II. Method of Collection Approximately 50% of the data collection will be electronic. III. Data *Title:* NASA Benchmarking of Program Office Size, Structure, and Performance. *OMB Number:* 2700-XXXX. *Type of Review:* New collection. *Affected Public:* For-profit and not-for-profit institutions. *Number of Respondents:* 30 Corporations. *Responses per Respondent:* 1. *Annual Responses:* 30. *Hours per Request:* 124. *Annual Burden Hours:* 3720. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21774 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-093] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 30 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Desk Officer for NASA; Office of Information and Regulatory Affairs; Office of Management and Budget; Room 10236; New Executive Office Building; Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Pursuant to 35 U.S.C. 209, applicants for a license under a patent or patent application must submit information in support of their request for a license. NASA uses the submitted information to grant the license. II. Method of Collection The current paper-based system is used to collect the information. It is deemed not cost effect to collect the information using a Web site form since the applications submitted vary significantly in format and volume. III. Data *Title:* Application for Patent License. *OMB Number:* 2700-0039. *Type of Review:* Extension of currently approved collection. *Affected Public:* Business or other for-profit, and individuals or households. *Number of Respondents:* 60. *Responses per Respondent:* 1. *Annual Responses:* 60. *Hours per Request:* 10 hours. *Annual Burden Hours:* 600. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21852 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-098] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, Mail Code JE000, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., Mail Code JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Information collection is required to evaluate bids and proposals from offerors to award contracts for required goods and services in support of NASA's mission. II. Method of Collection NASA collects this information electronically where feasible, but information may also be collected by mail or fax. III. Data *Title:* NASA acquisition process, bids and proposals for contracts with an estimated value more than $500,000. *OMB Number:* 2700-0085. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit; Not-for-profit institutions; and State, local or tribal government. *Estimated Number of Respondents:* 1148. *Estimated Annual Responses:* 1148. *Estimated Time per Response:* 600 hours. *Estimated Total Annual Burden Hours:* 688,800. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21853 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-096] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, Mail Code JE000, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., Mail Code JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Information collection is required to evaluate bids and proposals from offerors to award Purchase Orders and to use bank cards for required goods and services in support of NASA's mission. II. Method of Collection NASA collects this information electronically where feasible, but information may also be collected by mail or fax. III. Data *Title:* NASA acquisition process, Purchase Orders and the use of bank cards for purchases with an estimated value less than $100,000. *OMB Number:* 2700-0086. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit; Not-for-profit institutions; and State, local or tribal government. *Estimated Number of Respondents:* 137,086. *Estimated Annual Responses:* 137,086. *Estimated Time per Response:* 0.25 hours. *Estimated Total Annual Burden Hours:* 43,245. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21854 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-097] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, Mail Code JE000, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., Mail Code JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract Information collection is required to evaluate bids and proposals from offerors to award contracts with an estimated value less than $500,000 for required goods and services in support of NASA's mission. II. Method of Collection NASA collects this information electronically where feasible, but information may also be collected by mail or fax. III. Data *Title:* NASA acquisition process, bids and proposals for contracts with an estimated value less than $500,000. *OMB Number:* 2700-0087. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit; Not-for-profit institutions; and State, local or tribal government. *Estimated Number of Respondents:* 3,772. *Estimated Annual Responses:* 3,772. *Estimated Time per Response:* 325 hours. *Estimated Total Annual Burden Hours:* 1,225,900. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21856 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-092] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 30 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Desk Officer for NASA; Office of Information and Regulatory Affairs; Office of Management and Budget; Room 10236; New Executive Office Building; Washington, DC, 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract NASA grants patent licenses for the commercial application of NASA-owned inventions. Each licensee is required to report annually on its activities in commercializing its licensed inventions(s) and on any royalties due. NASA attorneys use this information to determine if a licensee is achieving and maintaining practical application of the licensed inventions as required by its license agreement. II. Method of Collection The current paper-based system is used to collect the information. It is deemed not cost effective to collect the information using a Web site form since the reports submitted vary significantly in format and volume. III. Data *Title:* Patent License Report. *OMB Number:* 2700-0010. *Type of Review:* Extension of currently approved collection. *Affected Public:* Business or other for-profit; individuals or households. *Number of Respondents:* 90. *Responses per Respondent:* 1. *Annual Responses:* 90. *Hours per Request:* 0.5 hour. *Annual Burden Hours:* 45. *Frequency of Report:* Annually. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21859 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-095] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, Mail Code JE000, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., Mail Code JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Information collection is required to effectively manage and administer contracts with an estimated value more than $500,000 for required goods and services in support of NASA's mission. II. Method of Collection NASA collects this information electronically where feasible, but information may also be collected by mail or fax. III. Data *Title:* NASA acquisition process, reports required for contracts with an estimated value more than $500,000. *OMB Number:* 2700-0089. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit; Not-for-profit institutions; and State, local or tribal government. *Estimated Number of Respondents:* 1,700. *Estimated Annual Responses:* 93,500. *Estimated Time per Response:* 7 hours. *Estimated Total Annual Burden Hours:* 654,500. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Gary L. Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21860 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-094] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 30 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Desk Officer for NASA; Office of Information and Regulatory Affairs; Office of Management and Budget; Room 10236; New Executive Office Building; Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The LIST System form is used primarily to support services at GSFC dependent upon accurate locator type information. The Personal Identifiable Information
(PII)is maintained, protected, and used for mandatory security functions. The system also serves as a tool for performing short and long-term institutional planning. II. Method of Collection Approximately 46% of the data is collected electronically by means of the data entry screen that duplicates the Goddard Space Flight Center form GSFC 24-27 in the LISTS system. The remaining data is keyed into the system from hardcopy version of form GSFC 24-27. III. Data *Title:* Locator and Information Services Tracking System (LISTS) Form. *OMB Number:* 2700-0064. *Type of Review:* Extension of currently approved collection. *Affected Public:* Federal government, individuals or households, and business or other for-profit. *Responses per Respondent:* 1. *Annual Responses:* 8,455. *Hours per Request:* 0.08 hours/5 minutes. *Annual Burden Hours:* 702. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21862 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 06-091] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 30 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Desk Officer for NASA; Office of Information and Regulatory Affairs; Office of Management and Budget; Room 10236; New Executive Office Building; Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546,
(202)358-1350, *Walter.Kit-1@nasa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract The analysis of the Effective Messaging Research survey will position NASA to effectively communicate Agency messages. II. Method of Collection All survey responses will be collected by telephone and tabulated electronically. III. Data *Title:* Effective Messaging Research. *OMB Number:* 2700-0113. *Type of Review:* Extension of currently approved collection. *Affected Public:* Individuals and households, Business or other for-profit, not-for-profit institutions, Federal Government, and State, Local or Tribal Government. *Number of Respondents:* 2700. *Responses per Respondent:* 1. *Annual Responses:* 2700. *Hours per Request:* 0.33 hours. *Annual Burden Hours:* 900. IV. Request for Comments Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;
(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;
(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 respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Deputy Chief Information Officer (Acting). [FR Doc. E6-21863 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (06-090)] Notice of Intent To Grant Exclusive License AGENCY: National Aeronautics and Space Administration. ACTION: Notice of Intent to Grant Exclusive License. SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States to practice the invention described and claimed in U.S. Patent No. 6,027,954, Gas Sensing Diode and Method of Manufacturing; U.S. Patent No. 6,291,838, Gas Sensing Diode Comprising SiC; and U.S. Patent No. 6,763,699, Gas Sensors Using SiC Semiconductors and Method of Fabrication to Makel Engineering, Inc., having its principal place of business in Chico, California. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The exclusive license may be granted unless, within fifteen
(15)days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen
(15)days of the date of this published notice will also be treated as objections to the grant of the contemplated exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office of Chief Counsel, NASA Glenn Research Center, MS 500-118, 21000 Brookpark Rd., Cleveland, OH 44135, telephone
(216)433-8878, facsimile
(216)433-6790. FOR FURTHER INFORMATION CONTACT: Kent Stone, Patent Attorney, Office of Chief Counsel, NASA Glenn Research Center, MS 500-118, 21000 Brookpark Road, Cleveland, OH 44135, telephone
(216)433-8878, facsimile
(216)433-6790. Information about other NASA inventions available for licensing can be found online at *http://techtracs.nasa.gov/* . Dated: December 18, 2006. Keith T. Sefton, Deputy General Counsel, Administration and Management. [FR Doc. E6-21858 Filed 12-20-06; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION Dominion Nuclear North Anna, LLC [Docket No. 52-008] Notice of Availability of Final Environmental Impact Statement for an Early Site Permit
(ESP)at the North Anna ESP Site Notice is hereby given that the U.S. Nuclear Regulatory Commission
(NRC)has published NUREG-1811, “Environmental Impact Statement
(EIS)for an Early Site Permit
(ESP)at the North Anna ESP Site: Final Report” (FEIS). The FEIS contains two volumes. The site is located in Louisa County, Virginia, near the Town of Mineral. A notice of availability of the draft EIS was published in the **Federal Register** on December 12, 2004 (69 FR 71854), and a supplement to the draft EIS was subsequently published on July 12, 2006 (71 FR 39372). The purpose of this notice is to inform the public that the FEIS is available for public inspection in the NRC Public Document Room
(PDR)located at One White Flint North, 11555 Rockville Pike (First Floor), Rockville, Maryland 20852, or from the Publicly Available Records component of NRC's Agencywide Documents Access and Management System (ADAMS), and will also be placed directly on the NRC Web site at *www.nrc.gov* . ADAMS is accessible from the NRC Web site at *www.nrc.gov/reading-rm/adams.html* (the Public Electronic Reading Room). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the PDR reference staff by telephone at 1-800-397-4209 or 1-301-415-4737, or by e-mail at *pdr@nrc.gov* . In addition, the following public libraries in the vicinity of the North Anna ESP Site have agreed to make the FEIS available for public inspection: Louisa County Library, Jefferson-Madison Regional Library, 881 Davis Highway, Mineral, Virginia 23117. Hanover Branch Library, 7527 Library Drive, Hanover, Virginia 23069. Salem Church Library, 2607 Salem Church Road, Fredericksburg, Virginia 22407. FOR FURTHER INFORMATION CONTACT: Jack Cushing, Environmental Projects Branch 1, Division of Site and Environmental Reviews, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Mr. Cushing may be contacted by telephone at 301-415-1424, or by e-mail at *jxc9@nrc.gov* . Dated at Rockville, Maryland, this 14th day of December, 2006. For the Nuclear Regulatory Commission. James E. Lyons, Director, Division of Site and Environmental Reviews, Office of New Reactors. [FR Doc. E6-21804 Filed 12-20-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [DOCKET NOS. 50-387 AND 50-388] PPL Susquehanna, LLC; Notice of Correction to the Public Scoping Comment Period for the Environmental Impact Statement for the License Renewal of Susquehanna Steam Electric Station, Units 1 and 2 Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC or the Commission) has corrected the public scoping comment period for the plant-specific supplement to the “Generic Environmental Impact Statement (GEIS),” NUREG-1437, regarding the renewal of operating licenses NPF-14 and NPF-22 for an additional 20 years of operation at the Susquehanna Steam Electric Station (SSES), Units 1 and 2. The application for renewal was received on September 13, 2006, pursuant to 10 CFR Part 54. A notice of Receipt and Availability of the license renewal application (LRA), was published in the **Federal Register** on October 2, 2006 (71 FR 58014). A notice of acceptability for docketing, notice of opportunity for a hearing and notice of intent to prepare an environmental impact statement and conduct scoping process, was published in the **Federal Register** on November 2, 2006 (71 FR 64566). The purpose of this notice is to inform the public that the NRC has corrected the end of the comment period on the environmental scope of the SSES license renewal review from December 18, 2006, to January 2, 2007. Any interested party may submit comments on the environmental scope of the SSES license renewal review for consideration by the NRC staff. To be certain of consideration, comments on the scoping process to the GEIS must be received by January 2, 2007. Comments received after the due date will be considered if it is practical to do so, but the NRC staff is able to assure consideration only for comments received on or before this date. Written comments on the environmental scope of the SSES license renewal review should be sent to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may also be delivered to the NRC, Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:45 a.m. until 4:15 p.m. on Federal workdays. Electronic comments may be sent via the Internet to the NRC at *SusquehannaEIS@nrc.gov.* All comments received by the Commission, including those made by Federal, State, and local agencies, Indian tribes, or other interested persons, will be made available electronically and accessible from the Agencywide Documents Access and Management System (ADAMS) Public Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS, or encounter problems in accessing the documents located in ADAMS, should contact the NRC's Public Document Room reference staff at 1-800-397-4209, or
(301)415-4737, or by e-mail to *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Alicia Mullins, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Ms. Mullins may also be contacted at
(301)415-1224, or by e-mail at *axm7@nrc.gov.* Dated at Rockville, Maryland, this 15th day of December 2006. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Acting Director Division of License Renewal Office of Nuclear Reactor, Regulation. FR Doc. E6-21807 Filed 12-20-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-271] Vermont Yankee Nuclear Power Station; Notice of Availability of the Draft Supplement 30 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, and Public Meeting for the License Renewal of Vermont Yankee Nuclear Power Station Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a draft plant-specific supplement to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS), NUREG-1437, regarding the renewal of operating licenses DPR-28 for an additional 20 years of operation for the Vermont Yankee Nuclear Power Station (Vermont Yankee). Vermont Yankee is located in the town of Vernon, Vermont, in Windham County on the west shore of the Connecticut River. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The draft Supplement 30 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRC's Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at *http://www.nrc.gov/reading-rm/adams/web-based.html* . The Accession Number for the draft Supplement 30 to the GEIS is ML063390344. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or via e-mail at *pdr@nrc.gov* . In addition, the following libraries have agreed to make the draft supplement to the GEIS available for public inspection: Vernon Free Library, 567 Governor Hunt Road, Vernon, Vermont; Brooks Memorial Library, 224 Main Street, Brattleboro, Vermont; Hinsdale Public Library, 122 Brattleboro Road, Hinsdale, New Hampshire; and Dickinson Memorial Library, 115 Main Street, Northfield, Massachusetts. Any interested party may submit comments on the draft supplement to the GEIS for consideration by the NRC staff. To be considered, comments on the draft supplement to the GEIS and the proposed action must be received by March 7, 2007; the NRC staff is able to assure consideration only for comments received on or before this date. Comments received after the due date will be considered only if it is practical to do so. Written comments on the draft supplement to the GEIS should be sent to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may be hand-delivered to the NRC at 11545 Rockville Pike, Room T-6D59, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Electronic comments may be submitted to the NRC by e-mail at *VermontYankeeEIS@nrc.gov* . All comments received by the Commission, including those made by Federal, State, local agencies, Native American Tribes, or other interested persons, will be made available electronically at the Commission's PDR in Rockville, Maryland, and through ADAMS. The NRC staff will hold a public meeting to present an overview of the draft plant-specific supplement to the GEIS and to accept public comments on the document. The public meeting will be held on January 31, 2007, at the Latchis Theatre, 50 Main Street, Brattleboro, Vermont. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m., as necessary. Both meetings will be transcribed and will include:
(1)A presentation of the contents of the draft plant-specific supplement to the GEIS, and
(2)the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft report. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No comments on the draft supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meeting or in writing. Persons may pre-register to attend or present oral comments at the meeting by contacting Mr. Richard L. Emch, Jr., the Senior Project Manager, at 1-800-368-5642, extension 1590, or via e-mail at *VermontYankeeEIS@nrc.gov* no later than January 24, 2007. Members of the public may also register to provide oral comments within 15 minutes of the start of each session. Individual, oral comments may be limited by the time available, depending on the number of persons who register. If special equipment or accommodations are needed to attend or present information at the public meeting, the need should be brought to the attention of Mr. Emch's attention no later than January 24, 2007, to provide the NRC staff adequate notice to determine whether the request can be accommodated. FOR FURTHER INFORMATION CONTACT: Mr. Richard L. Emch, Jr., Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O-11F1, Washington, DC, 20555-0001. Mr. Emch may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 13th day of December, 2006. For the Nuclear Regulatory Commission, Rani L. Franovich, Branch Chief, Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E6-21805 Filed 12-20-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards
(ACRS)Subcommittee Meeting on Materials, Metallurgy, and Reactor Fuels; Notice of Meeting The ACRS Subcommittee on Materials, Metallurgy, and Reactor Fuels will hold a meeting on January 19, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: *Friday, January 19, 2007—8:30 a.m. until the conclusion of business.* The Subcommittee will review the NRC staff's proposed technical basis for supporting a revision to the technical acceptance criteria for fuel during a LOCA. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, their contractors, representatives of the nuclear industry, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Ralph Caruso (telephone 301/415-8065) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:15 a.m. and 5 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: December 14, 2006. Antonio F. Dias, Acting Branch Chief, ACRS/ACNW. [FR Doc. E6-21815 Filed 12-20-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards
(ACRS)Subcommittee Meeting on Power Uprates; Notice of Meeting The ACRS Subcommittee on Power Uprates will hold a meeting on January 16-17, 2007 at 11545 Rockville Pike, Rockville, Maryland, Room T-2B3. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: *Tuesday, January 16, 2007—8:30 a.m. until the conclusion of business.* *Wednesday, January 17, 2007—8:30 a.m. until the conclusion of business. * The Subcommittee will review the proposed 5% power uprate for the Browns Ferry Nuclear Plant, Unit 1. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, the Tennessee Valley Authority (the licensee), and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Ralph Caruso (Telephone: 301-415-8065) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:15 a.m. and 5 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: December 14, 2006. Antonio F. Dias, Acting Branch Chief, ACRS/ACNW. [FR Doc. E6-21816 Filed 12-20-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar Containing Products of Chile, Morocco, El Salvador, Guatemala, Honduras, and Nicaragua AGENCY: Office of the United States Trade Representative. ACTION: Notice. SUMMARY: In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative
(USTR)is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, El Salvador, Guatemala, Honduras, and Nicaragua. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under
(i)The United States—Chile Free Trade Agreement (Chile FTA), in the case of Chile;
(ii)the United States—Morocco Free Trade Agreement (Morocco FTA), in the case of Morocco; and
(iii)the Dominican Republic—Central America—United States Free Trade Agreement (CAFTA-DR), in the case of El Salvador, Guatemala, Honduras, and Nicaragua. EFFECTIVE DATE: December 21, 2006. ADDRESSES: Inquiries may be mailed or delivered to Leslie O'Connor, Director of Agricultural Affairs, Office of Agricultural Affairs, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Leslie O'Connor, Office of Agricultural Affairs, 202-395-6127. SUPPLEMENTARY INFORMATION: *Chile:* Pursuant to section 201 of the United States—Chile Free Trade Agreement Implementation Act (Pub. Law 108-77; 19 U.S.C. 3805 note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 75789) implemented the Chile FTA on behalf of the United States and modified the HTS to reflect the tariff and rules of origin treatment provided for in the Chile FTA. U.S. Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is required to publish annually in the **Federal Register** a determination of the amount of Chile's trade surplus, by volume, with all sources for goods in Harmonized System
(HS)subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20, and 2106.90, except that Chile's imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Chile FTA are not included in the calculation of Chile's trade surplus. U.S. Note 12(b) to subchapter XI of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Chile entered under subheading 9911.17.05 in an amount equal to the lesser of Chile's trade surplus or the specific quantity set out in that note for that calendar year. U.S. Note 12(c) to subchapter XI of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugar-containing products of Chile entered under subheading 9911.17.10 through 9911.17.85 in an amount equal to the amount by which Chile's trade surplus exceeds the specific quantity set out in that note for that calendar year. During calendar year
(CY)2005, the most recent year for which data is available, Chile's imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 287,203 metric tons according to data published by its customs authority, the Servicio Nacional de Aduana. Based on this data, USTR determines that Chile's trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of HTS chapter 99, goods of Chile are not eligible to enter the United States duty-free under subheading 9911.17.05 or at preferential tariff rates under subheading 9911.17.10 through 9911.17.85 in CY2006 or CY2007. *Morocco:* Pursuant to section 201 of the United States—Morocco Free Trade Agreement Implementation Act (Pub. Law 108-302; 19 U.S.C. 3805 note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 76651) implemented the Morocco FTA on behalf of the United States and modified the HTS to reflect the tariff and rules of origin treatment provided for in the Morocco FTA. U.S. Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR is required to publish annually in the **Federal Register** a determination of the amount of Morocco's trade surplus, by volume, with all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that Morocco's imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Morocco FTA are not included in the calculation of Morocco's trade surplus. U.S. Note 12(b) to subchapter XII of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.05 in an amount equal to the lesser of Morocco's trade surplus or the specific quantity set out in that note for that calendar year. U.S. Note 12(c) to subchapter XII of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.10 through 9912.17.85 in an amount equal to the amount by which Morocco's trade surplus exceeds the specific quantity set out in that note for that calendar year. During CY2005, the most recent year for which data is available, Morocco's imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 553,535 metric tons according to data published by its Customs authority, the Office des Changes. Based on this data, USTR determines that Morocco's trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XII of HTS chapter 99, goods of Morocco are not eligible to enter the United States duty-free under subheading 9912.17.05 or at preferential tariff rates under subheading 9912.17.10 through 9912.17.85 in CY2006 or CY2007. *CAFTA-DR:* Pursuant to section 201 of the Dominican Republic—Central America—United States Free Trade Agreement Implementation Act (Pub. Law 109-53; 19 U.S.C. 4031), Presidential Proclamation No. 7987 of February 28, 2006 (71 FR 10827), Presidential Proclamation No. 7991 of March 24, 2006 (71 FR 16009), Presidential Proclamation No. 7996 of March 31, 2006 (71 FR 16971), and Presidential Proclamation No. 8034 of June 30, 2006 (71 FR 38509) implemented the CAFTA-DR on behalf of the United States and modified the HTS to reflect the tariff and rules of origin treatment provided for in the CAFTA-DR. U.S. Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the **Federal Register** a determination of the amount of each CAFTA-DR country's trade surplus, by volume, with all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that each CAFTA-DR country's exports to the United States of goods classified under HS subheadings 1701.11, 1701.12, 1701.91, and 1701.99 and its imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the CAFTA-DR are not included in the calculation of that country's trade surplus. U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of each CAFTA-DR country entered under subheading 9822.05.20 in an amount equal to the lesser of that country's trade surplus or the specific quantity set out in that note for that country and that calendar year. During CY2005, the most recent year for which data is available, El Salvador's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 293,500 metric tons according to data published by the Salvadoran Central Bank. Based on this data, USTR determines that El Salvador's trade surplus is 293,500 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of El Salvador that may be entered duty-free under subheading 9822.05.20 in CY2007 is 24,480 metric tons ( *i.e.* , the amount set out in that note for El Salvador for 2007). During CY2005, the most recent year for which data is available, Guatemala's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 891,159 metric tons according to data published by the World Trade Atlas. Based on this data, USTR determines that Guatemala's trade surplus is 891,159 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Guatemala that may be entered duty-free under subheading 9822.05.20 in CY2007 is 32,640 metric tons ( *i.e.* , the amount set out in that note for Guatemala for 2007). During CY2005, the most recent year for which data is available, Honduras' exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 56,955 metric tons according to data published by the Central Bank of Honduras. Based on this data, USTR determines that Honduras' trade surplus is 56,955 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Honduras that may be entered duty-free under subheading 9822.05.20 in CY2007 is 8,160 metric tons ( *i.e.* , the amount set out in that note for Honduras for 2007). During CY2005, the most recent year for which data is available, Nicaragua's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 208,257 metric tons according to data published by the World Trade Atlas. Based on this data, USTR determines that Nicaragua's trade surplus is 208,257 metric tons. Therefore, in accordance with U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98, the aggregate quantity of goods of Nicaragua that may be entered duty-free under subheading 9822.05.20 in CY2007 is 22,440 metric tons ( *i.e.* , the amount set out in that note for Nicaragua for 2007). Richard T. Crowder, Chief Agricultural Negotiator. [FR Doc. E6-21778 Filed 12-20-06; 8:45 am] BILLING CODE 3190-W7-P OFFICE OF PERSONNEL MANAGEMENT Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations—Charity Recoding AGENCY: Office of Personnel Management (OPM). ACTION: Notice. SUMMARY: The Office of Personnel Management
(OPM)is assigning new, unique code numbers to charitable organizations that participate in the Combined Federal Campaign (CFC). The number of participating charitable organizations is increasing and will soon exceed the number of codes available under the current CFC coding procedure. In addition, the assignment of new, unique code numbers will allow OPM to improve the efficiency and effectiveness of the CFC by assisting in future promotion of the use of electronic giving technology and future revision to geographic restrictions to donor giving. DATES: The Office of Personnel Management's Office of the CFC Operations (OCFCO) will issue new code numbers to charities and provide them to local campaigns and charities no later than March 30, 2007. FOR FURTHER INFORMATION CONTACT: Mark W. Lambert, Senior Compliance Officer for the Office of CFC Operations, by telephone at
(202)606-2564; by fax at
(202)606-0902; or by e-mail at *cfc@opm.gov* . SUPPLEMENTARY INFORMATION: Currently, the CFC coding procedure is based on a four-digit number. Charitable organizations that are approved to participate in the CFC as national or international organizations are assigned a four-digit code by OPM. Local CFCs assign a four-digit code to organizations approved to participate in that local CFC. OPM informs local CFCs of which four-digit codes were not used for national and international organizations and that are, therefore, available for local use. There are approximately 2,000 participating national and international organizations and an estimated additional 20,000 local organizations. With a four-digit coding procedure, there are only 9,999 available codes. Charitable organizations in different local CFCs often have identical codes because of the independent assignment process and the limits of the current four-digit code structure. At the same time, OPM has reclaimed all or part of a code series in the past several years to accommodate the ever-expanding list of national/ international federations. Consequently, redundant code assignments can lead to the misdirection of donor funds, as donor choices in giving currently remain limited to the national/international list and to local charities located within the employee's designated duty station campaign. In recently issued CFC regulations, set forth at 5 CFR Part 950, the OPM Director has the authority, upon implementation of appropriate electronic technology, to remove the restriction that limits donors to contributing only to local charities within their geographic campaign area, based on their official duty station. A first step in implementing electronic technology that would allow donors to contribute to local organizations in other campaign areas is to make sure that each organization has its own unique code. Being able to identify all participating charitable organizations by a unique code will also allow OPM to better monitor compliance with CFC eligibility standards and sanctions compliance requirements. In order to be eligible to participate in the CFC, each charitable organization must be determined to be a tax-exempt public charity under section 501(c)(3) of the Internal Revenue Code. In order to demonstrate compliance with this eligibility standard, each charitable organization must provide a copy of its IRS determination letter. However, many of the IRS determination letters provided by charitable organizations are dated at the time of the initial IRS determination. That determination could have been made many years prior to the current CFC to which the charitable organization is applying for participation. To ensure that each charitable organization meets the 501(c)(3) eligibility standard, OPM will compare the applicant organization against an IRS database to determine that the charitable organization is still recognized as a 501(c)(3) tax-exempt public charity by the IRS. The newly assigned unique codes will assist OPM in identifying each charitable organization against the IRS database. In addition, OPM requires each charitable organization participating in the CFC to complete a certification that it is in compliance with all statutes, Executive orders, and regulations restricting or prohibiting U.S. persons from engaging in transactions and dealings with countries, entities or individuals subject to economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). Currently, OPM checks each participating national and international organization against the OFAC list of sanctioned organizations and requests local campaigns to do the same. The newly assigned unique codes will assist OPM in performing this check against the OFAC list for all national, international, and local, organizations participating in the CFC and relieve a burden from the local campaigns. U.S. Office of Personnel Management. Linda M. Springer, Director. [FR Doc. E6-21904 Filed 12-20-06; 8:45 am] BILLING CODE 6325-46-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27599; 812-13029] ProFunds, et al.; Notice of Application December 14, 2006. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application for an order under section 12(d)(1)(J) of the Investment Company Act of 1940 (the “Act”) for exemption from sections 12(d)(1)(A) and
(B)of the Act and under sections 6(c) and 17(b) of the Act for an exemption from section 17(a) of the Act. *Summary of the Application:* The order would permit certain management investment companies and unit investment trusts registered under the Act to acquire shares of certain open-end management investment companies and unit investment trusts registered under the Act, including those that operate as exchange-traded funds, that are outside the same group of investment companies as the acquiring investment companies. *Applicants:* ProFunds, Access One Trust, ProShares Trust (“ETF Trust,” and together with ProFunds and Access One Trust, the “Trusts”), ProShare Advisors LLC (“ProShare Advisors”), and ProFund Advisors LLC (“ProFund Advisors,” and together with ProShare Advisors, the “Advisers”). *Filing Dates:* The application was filed on October 7, 2003, and amended on June 3, 2004, July 15, 2005, and October 6, 2006. Applicants have agreed to file an amendment during the notice period, the substance of which is reflected in this notice. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on January 8, 2007, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicants, 7501 Wisconsin Avenue, Suite 1000, Bethesda, MD 20814. FOR FURTHER INFORMATION CONTACT: John Yoder, Senior Counsel, at
(202)551-6878, or Michael W. Mundt, Senior Special Counsel, at
(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Public Reference Desk, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-0102 (telephone
(202)551-5850). Applicants' Representations 1. The Trusts are open-end management investment companies registered under the Act and are each comprised of separate series (“Funds”) that pursue distinct investment objectives and strategies. Shares of certain Funds of ProFunds and Access One Trust are sold publicly to retail investors, and shares of other such Funds are sold to insurance company separate accounts funding variable life and variable annuity contracts. The Funds of the ETF Trust (“ETF Funds”) rely on an order from the Commission that allows the ETF Funds to operate as exchange-traded funds and to redeem their shares in large aggregations (“Creation Units”). 1 Certain Funds pursue their investment objectives through a master-feeder arrangement in reliance on section 12(d)(1)(E) of the Act. 2 ProFund Advisors is registered as an investment adviser under the Investment Advisers Act of 1940 (“Advisers Act”) and serves as investment adviser to each Fund of ProFunds and Access One Trust. ProShare Advisors is registered as an investment adviser under the Advisers Act and serves as investment adviser to each ETF Fund. 1 ProShares Trust, *et al.* , Investment Company Act Release Nos. 27323 (May 18, 2006) (notice) and 27394 (June 13, 2006) (order) (“ETF Order”). 2 A Fund of Funds (as defined below) may not invest in a Fund that serves as a feeder Fund unless the feeder Fund is part of the same group of investment companies as its corresponding master fund. 2. Applicants request relief to permit registered management investment companies and unit investment trusts registered under the Act that are not part of the same “group of investment companies,” within the meaning of section 12(d)(1)(G)(ii) of the Act, as the Trusts (such management investment companies are “Investing Management Companies,” such unit investment trusts are “Investing Trusts,” and Investing Management Companies and Investing Trusts are collectively “Funds of Funds”), to acquire shares of the Funds in excess of the limits in section 12(d)(1)(A) of the Act, and to permit a Fund, any principal underwriter for a Fund, and any broker or dealer registered under the Securities Exchange Act of 1934 (“Broker”) to sell shares of a Fund to a Fund of Funds in excess of the limits of section 12(d)(1)(B) of the Act. Applicants request that the relief apply to:
(1)Each open-end management investment company or unit investment trust registered under the Act that currently or subsequently is part of the same “group of investment companies,” within the meaning of section 12(d)(1)(G)(ii) of the Act, as the Trusts and is advised or sponsored by the Advisers or any entity controlling, controlled by, or under common control with the Advisers (such open-end management investment companies are “Open-end Funds,” such unit investment trusts are “UIT Funds,” and both Open-end Funds and UIT Funds are “Funds”);
(2)each Fund of Funds that enters into a Participation Agreement (as defined below) with a Fund to purchase shares of the Funds; and
(3)any principal underwriter to a Fund or Broker selling shares of a Fund. 3 3 All entities that currently intend to rely on the requested order are named as applicants. Any other entity that relies on the order in the future will comply with the terms and conditions of the application. A Fund of Funds may rely on the requested order only to invest in the Funds and not in any other registered investment company. 3. Each Investing Management Company will be advised by an investment adviser within the meaning of section 2(a)(20)(A) of the Act and registered as an investment adviser under the Advisers Act or exempt from registration (“Fund of Funds Adviser”). A Fund of Funds Adviser may contract with an investment adviser which meets the definition of section 2(a)(20)(B) of the Act (a “Subadviser”). Each Investing Trust will have a sponsor (“Sponsor”). 4. Applicants state that the Funds will offer the Funds of Funds simple and efficient investment vehicles to achieve their asset allocation or diversification objectives. Applicants state that the Funds also provide high quality, professional investment program alternatives to Funds of Funds that do not have sufficient assets to operate comparable funds. Applicants' Legal Analysis A. Section 12(d)(1) 1. Section 12(d)(1)(A) of the Act, in relevant part, prohibits a registered investment company from acquiring shares of an investment company if the securities represent more than 3% of the total outstanding voting stock of the acquired company, more than 5% of the total assets of the acquiring company, or, together with the securities of any other investment companies, more than 10% of the total assets of the acquiring company. Section 12(d)(1)(B) of the Act prohibits a registered open-end investment company, its principal underwriter, and any broker or dealer from selling its shares to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company's voting stock, or if the sale will cause more than 10% of the acquired company's voting stock to be owned by investment companies generally. 2. Section 12(d)(1)(J) of the Act provides that the Commission may exempt any person, security, or transaction, or any class or classes of persons, securities or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Applicants seek an exemption under section 12(d)(1)(J) of the Act to permit Funds of Funds to acquire shares of the Funds in excess of the limits in section 12(d)(1)(A) of the Act, and a Fund, any principal underwriter for a Fund and any Broker to sell shares of a Fund to a Fund of Funds in excess of the limits of section 12(d)(1)(B) of the Act. 3. Applicants state that the proposed arrangement and conditions will adequately address the policy concerns underlying sections 12(d)(1)(A) and
(B)of the Act, which include concerns about undue influence by a fund of funds over underlying funds, excessive layering of fees, and overly complex fund structures. Accordingly, applicants believe that the requested exemption is consistent with the public interest and the protection of investors. 4. Applicants believe that neither the Fund of Funds nor a Fund of Funds Affiliate would be able to exert undue influence over the Funds. 4 To limit the control that a Fund of Funds may have over a Fund, applicants propose a condition prohibiting the Fund of Funds Adviser or Sponsor, any person controlling, controlled by, or under common control with the Fund of Funds Adviser or Sponsor, and any investment company or issuer that would be an investment company but for sections 3(c)(1) or 3(c)(7) of the Act that is advised or sponsored by the Fund of Funds Adviser or Sponsor, or any person controlling, controlled by, or under common control with the Fund of Funds Adviser or Sponsor (“Fund of Funds Advisory Group”) from controlling (individually or in the aggregate) a Fund within the meaning of section 2(a)(9) of the Act. The same prohibition would apply to the Subadviser, any person controlling, controlled by or under common control with the Subadviser, and any investment company or issuer that would be an investment company but for section 3(c)(1) or 3(c)(7) of the Act (or portion of such investment company or issuer) advised or sponsored by the Subadviser or any person controlling, controlled by or under common control with the Subadviser (“Subadviser Group”). Applicants propose other conditions to limit the potential for undue influence over the Funds, including that no Fund of Funds or Fund of Funds Affiliate (except to the extent it is acting in its capacity as an investment adviser to an Open-end Fund or sponsor to a UIT Fund) will cause a Fund to purchase a security in an offering of securities during the existence of any underwriting or selling syndicate of which a principal underwriter is an Underwriting Affiliate (“Affiliated Underwriting”). An “Underwriting Affiliate” is a principal underwriter in any underwriting or selling syndicate that is an officer, director, member of an advisory board, Fund of Funds Advisor, Subadviser, Sponsor, or employee of the Fund of Funds, or a person of which any such officer, director, member of an advisory board, Fund of Funds Adviser, Subadviser, Sponsor or employee is an affiliated person. An Underwriting Affiliate does not include a person whose relationship to a Fund is covered by section 10(f) of the Act. 4 A “Fund of Funds Affiliate” is a Fund of Funds Adviser, Subadviser, Sponsor, promoter, or principal underwriter of a Fund of Funds, and any person controlling, controlled by, or under common control with any of those entities. A “Fund Affiliate” is an investment adviser, sponsor, promoter, or principal underwriter of a Fund, and any person controlling, controlled by, or under common control with any of those entities. 5. Applicants do not believe that the proposed arrangement will involve excessive layering of fees. The board of directors or trustees of each Investing Management Company, including a majority of the directors or trustees who are not “interested persons” (within the meaning of section 2(a)(19) of the Act) (“Disinterested Trustees”), will find that the advisory fees charged to the Investing Management Company are based on services provided that will be in addition to, rather than duplicative of, the services provided under the advisory contract(s) of any Open-end Fund in which the Investing Management Company may invest. In addition, a Fund of Funds Advisor, trustee or Sponsor of a Fund of Funds will waive fees otherwise payable to it by the Fund of Funds, as applicable, in an amount at least equal to any compensation (including fees received pursuant to any plan adopted by an Open-end Fund under rule 12b-1 under the Act) received from a Fund by the Fund of Funds Advisor, trustee or Sponsor or an affiliated person of the Fund of Funds Adviser, trustee or Sponsor, other than advisory fees paid to the Fund of Funds Adviser, trustee or Sponsor, or its affiliated person by an Open-end Fund, in connection with the investment by the Fund of Funds in the Fund. Applicants also state that with respect to registered separate accounts that invest in a Fund of Funds, no sales load will be charged at the Fund of Funds level or at the Fund level. Other sales charges and service fees, as defined in Rule 2830 of the Conduct Rules of the National Association of Securities Dealers, Inc. (“NASD”), if any, will only be charged at the Fund of Funds level or at the Fund level, not both. With respect to other investments in a Fund of Funds, any sales charges and/or service fees charged with respect to shares of the Fund of Funds will not exceed the limits applicable to a fund of funds as set forth in Rule 2830 of the NASD Conduct Rules. 6. Applicants submit that the proposed arrangement will not create an overly complex fund structure. Applicants note that no Fund may acquire securities of any investment company or company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the limits contained in section 12(d)(1)(A) of the Act, except to the extent permitted by section 12(d)(1)(E) of the Act, an exemptive order that allows the Fund to purchase shares of an affiliated money market fund for short-term cash management purposes or rule 12d1-1 under the Act. Applicants also represent that to ensure that the Funds of Funds comply with the terms and conditions of the requested relief from section 12(d)(1) of the Act, a Fund of Funds must enter into a participation agreement between a Trust, on behalf of the relevant Funds, and the Funds of Funds (“Participation Agreement”) before investing in a Fund beyond the limits imposed by section 12(d)(1)(A). The Participation Agreement will require the Fund of Funds to adhere to the terms and conditions of the requested order. The Participation Agreement will include an acknowledgment from the Fund of Funds that it may rely on the requested order only to invest in the Funds and not in series of any other registered investment company. The Participation Agreement will further require each Fund of Funds that exceeds the 5% or 10% limitations in sections 12(d)(1)(A)(ii) and
(iii)of the Act to disclose in its prospectus that it may invest in the Funds, and to disclose, in “plain English,” in its prospectus the unique characteristics of the Fund of Funds investing in the Funds, including but not limited to the expense structure and any additional expenses of investing in the Funds. Each Fund of Funds also will comply with the disclosure requirements set forth in Investment Company Act Release No. 27399 (June 20, 2006). 7. Applicants also note that a Fund may choose to reject a direct purchase by a Fund of Funds. To the extent that a Fund of Funds purchases shares of an ETF Fund in the secondary market, the ETF Fund would still retain its ability to reject purchases of its shares through its decision to enter into the Participation Agreement prior to any investment by a Fund of Funds in excess of the limits of section 12(d)(1)(A). B. Section 17(a) 1. Section 17(a) of the Act generally prohibits sales or purchases of securities between a registered investment company and any affiliated person of the company. Section 2(a)(3) of the Act defines an “affiliated person” of another person to include any person 5% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the other person. 2. Applicants seek relief from section 17(a) to permit a Fund that is an affiliated person of a Fund of Funds because the Fund of Funds holds 5% or more of the Fund's shares to sell its shares to and redeem its shares from a Fund of Funds. 5 Applicants believe that any proposed transactions directly between Funds and Funds of Funds will be consistent with the policies of each Fund and Fund of Funds. The Participation Agreement will require any Fund of Funds that purchases shares from a Fund to represent that the purchase of shares from the Fund by a Fund of Funds will be accomplished in compliance with the investment restrictions of the Fund of Funds and will be consistent with the investment policies set forth in the Fund of Funds' registration statement. 6 5 Applicants acknowledge that receipt of any compensation by
(a)an affiliated person of a Fund of Funds, or an affiliated person of such person, for the purchase by the Fund of Funds of shares of a Fund or
(b)an affiliated person of a Fund, or an affiliated person of such person, for the sale by the Fund of its shares to a Fund of Funds is subject to section 17(e) of the Act. The Participation Agreement also will include this acknowledgment. 6 To the extent that purchases and sales of shares of an ETF Fund occur in the secondary market and not through principal transactions directly between a Fund of Funds and an ETF Fund, relief from section 17(a) would not be necessary. However, the requested relief would apply to direct sales of shares in Creation Units by an ETF Fund to a Fund of Funds and redemptions of those shares. The requested relief is also intended to cover the in-kind transactions that would accompany such sales and redemptions, as described in the application for the ETF Order. 3. Section 17(b) of the Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that
(i)The terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned;
(ii)the proposed transaction is consistent with the policies of each registered investment company involved; and
(iii)the proposed transaction is consistent with the general purposes of the Act. Section 6(c) of the Act permits the Commission to exempt any person or transactions from any provision of the Act if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. 4. Applicants submit that the proposed arrangement satisfies the standards for relief under sections 17(b) and 6(c) of the Act. Applicants state that the terms of the arrangement are fair and reasonable and do not involve overreaching. Applicants note that any consideration paid for the purchase or redemption of shares directly from a Fund will be based on the net asset value of the Fund. Applicants state that the proposed arrangement will be consistent with the policies of each Fund of Funds and Fund and with the general purposes of the Act. Applicants' Conditions Applicants agree that any order granting the requested relief will be subject to the following conditions: 1. The members of a Fund of Funds Advisory Group will not control (individually or in the aggregate) a Fund within the meaning of section 2(a)(9) of the Act. The members of a Subadviser Group will not control (individually or in the aggregate) a Fund within the meaning of section 2(a)(9) of the Act. If, as a result of a decrease in the outstanding voting securities of a Fund, the Fund of Funds Advisory Group or the Subadviser Group, each in the aggregate, becomes a holder of more than 25% of the outstanding voting securities of a Fund, it (except for any member of the Fund of Funds Advisory Group or Subadviser Group that is a separate account) will vote its shares of the Fund in the same proportion as the vote of all other holders of the Fund's shares. This condition does not apply to the Subadviser Group with respect to a Fund for which the Subadviser or a person controlling, controlled by, or under common control with the Subadviser acts as the investment adviser within the meaning of section 2(a)(20)(A) of the Act (in the case of an Open-end Fund) or as the sponsor (in the case of a UIT Fund). A registered separate account will seek voting instructions from its contract holders and will vote its shares in accordance with the instructions received and will vote those shares for which no instructions were received in the same proportion as the shares for which instructions were received. An unregistered separate account will either
(i)Vote its shares of the Fund in the same proportion as the vote of all other holders of the Fund's shares; or
(ii)seek voting instructions from its contract holders and vote its shares in accordance with the instructions received and vote those shares for which no instructions were received in the same proportion as the shares for which instructions were received. 2. No Fund of Funds or Fund of Funds Affiliate will cause any existing or potential investment by the Fund of Funds in shares of a Fund to influence the terms of any services or transactions between the Fund of Funds or a Fund of Funds Affiliate and the Fund or a Fund Affiliate. 3. The board of directors or trustees of an Investing Management Company, including a majority of the Disinterested Trustees, will adopt procedures reasonably designed to assure that the Fund of Funds Adviser and any Subadviser are conducting the investment program of the Investing Management Company without taking into account any consideration received by the Investing Management Company or a Fund of Funds Affiliate from a Fund or a Fund Affiliate in connection with any services or transactions. 4. Once an investment by a Fund of Funds in the securities of an Open-end Fund exceeds the limit in section 12(d)(1)(A)(i) of the Act, the board of trustees of the Open-end Fund (“Board”), including a majority of the Disinterested Trustees, will determine that any consideration paid by the Open-end Fund to a Fund of Funds or a Fund of Funds Affiliate in connection with any services or transactions:
(a)Is fair and reasonable in relation to the nature and quality of the services and benefits received by the Open-end Fund;
(b)is within the range of consideration that the Open-end Fund would be required to pay to another unaffiliated entity in connection with the same services or transactions; and
(c)does not involve overreaching on the part of any person concerned. This condition does not apply with respect to any services or transactions between an Open-end Fund and its investment adviser(s), or any person controlling, controlled by, or under common control with such investment adviser(s). 5. No Fund of Funds or Fund of Funds Affiliate (except to the extent it is acting in its capacity as an investment adviser to an Open-end Fund or sponsor to a UIT Fund) will cause a Fund to purchase a security in any Affiliated Underwriting. 6. The Board of an Open-end Fund, including a majority of the Disinterested Trustees, will adopt procedures reasonably designed to monitor any purchases of securities by the Open-end Fund in an Affiliated Underwriting once an investment by a Fund of Funds in the securities of the Fund exceeds the limit in section 12(d)(1)(A)(i) of the Act, including any purchases made directly from an Underwriting Affiliate. The Board of the Open-end Fund will review these purchases periodically, but no less frequently than annually, to determine whether the purchases were influenced by the investment by the Fund of Funds in the Open-end Fund. The Board of the Open-end Fund will consider, among other things,
(i)Whether the purchases were consistent with the investment objectives and policies of the Open-end Fund;
(ii)how the performance of securities purchased in an Affiliated Underwriting compares to the performance of comparable securities purchased during a comparable period of time in underwritings other than Affiliated Underwritings or to a benchmark such as a comparable market index; and
(iii)whether the amount of securities purchased by the Open-end Fund in Affiliated Underwritings and the amount purchased directly from an Underwriting Affiliate have changed significantly from prior years. The Board of the Open-end Fund will take any appropriate actions based on its review, including, if appropriate, the institution of procedures designed to assure that purchases of securities in Affiliated Underwritings are in the best interests of shareholders. 7. The Open-end Fund will maintain and preserve permanently in an easily accessible place a written copy of the procedures described in the preceding condition, and any modifications to such procedures, and will maintain and preserve for a period of not less than six years from the end of the fiscal year in which any purchase in an Affiliated Underwriting occurred, the first two years in an easily accessible place, a written record of each purchase of securities in Affiliated Underwritings once an investment by a Fund of Funds in the securities of the Open-end Fund exceeds the limit in section 12(d)(1)(A)(i) of the Act, setting forth from whom the securities were acquired, the identity of the underwriting syndicate's members, the terms of the purchase, and the information or materials upon which the determinations of the Board of the Open-end Fund were made. 8. Before investing in a Fund in excess of the limits in section 12(d)(1)(A) of the Act, the Fund of Funds and the Fund will execute a Participation Agreement stating, without limitation, that their boards of directors or trustees and their investment advisers, or sponsors and trustees, as applicable, understand the terms and conditions of the order and agree to fulfill their responsibilities under the order. At the time of its investment in shares of an Open-end Fund in excess of the limit in section 12(d)(1)(A)(i), a Fund of Funds will notify the Open-end Fund of the investment. At such time, the Fund of Funds will also transmit to the Open-end Fund a list of the names of each Fund of Funds Affiliate and Underwriting Affiliate. The Fund of Funds will notify the Open-end Fund of any changes to the list of the names as soon as reasonably practicable after a change occurs. The Fund and the Fund of Funds will maintain and preserve a copy of the order, the agreement and, in the case of an Open-end Fund, the list with any updated information for the duration of the investment and for a period of not less than six years thereafter, the first two years in an easily accessible place. 9. Before approving any advisory contract under section 15 of the Act, the board of directors or trustees of each Investing Management Company, including a majority of the Disinterested Trustees, will find that the advisory fees charged under such advisory contract are based on services provided that will be in addition to, rather than duplicative of, the services provided under the advisory contract(s) of any Open-end Fund in which the Investing Management Company may invest. These findings and their basis will be recorded fully in the minute books of the appropriate Investing Management Company. 10. A Fund of Funds Adviser, or trustee or Sponsor of a Fund of Funds, as applicable, will waive fees otherwise payable to it by the Fund of Funds in an amount at least equal to any compensation (including fees received pursuant to any plan adopted by an Open-end Fund under rule 12b-1 under the Act) received from a Fund by the Fund of Funds Adviser, trustee, or Sponsor, or an affiliated person of the Fund of Funds' Adviser, trustee or Sponsor, other than any advisory fees paid to the Fund of Funds' Adviser, trustee or Sponsor or its affiliated person, by an Open-end Fund, in connection with the investment by the Fund of Funds in the Fund. Any Subadviser will waive fees otherwise payable to the Subadviser, directly or indirectly, by the Investing Management Company in an amount at least equal to any compensation received from a Fund by the Subadviser, or an affiliated person of the Subadviser, other than any advisory fees paid to the Subadviser or its affiliated person by an Open-end Fund, in connection with the investment by the Investing Management Company in the Fund made at the direction of the Subadviser. In the event that the Subadviser waives fees, the benefit of the waiver will be passed through to the Investing Management Company. 11. With respect to registered separate accounts that invest in a Fund of Funds, no sales load will be charged at the Fund of Funds level or at the Fund level. Other sales charges and service fees, as defined in Rule 2830 of the Conduct Rules of the NASD, if any, will only be charged at the Fund of Funds level or at the Fund level, not both. With respect to other investments in a Fund of Funds, any sales charges and/or service fees charged with respect to shares of the Fund of Funds will not exceed the limits applicable to a fund of funds as set forth in Rule 2830 of the NASD Conduct Rules. 12. No Fund will acquire securities of any investment company or company relying on section 3(c)(1) or 3(c)(7) of the Act in excess of the limits contained in section 12(d)(1)(A) of the Act, except to the extent permitted by section 12(d)(1)(E) of the Act, an exemptive order that allows a Fund to purchase shares of an affiliated money market fund for short-term cash management purposes or rule 12d1-1 under the Act. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Nancy M. Morris, Secretary. [FR Doc. E6-21780 Filed 12-20-06; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54917; File No. SR-NYSE-2006-45] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Relating to Amendments to Exchange Rule 638 Concerning Mediation December 11, 2006. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on June 22, 2006, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the NYSE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C.78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing amendments to Rule 638 concerning mediation. The amendments are, in part, housekeeping in nature as they remove references relating to an expired mediation pilot program and reposition certain provisions of the rule. In addition, the proposed amendments codify certain existing mediation procedures. The text of the proposed rule change is available on the NYSE's Web site ( *http://www.nyse.com* ), at the NYSE's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the NYSE included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The NYSE has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Mediation is offered by the Exchange to parties, on a voluntary basis, both before and after an arbitration claim has been filed. A neutral, impartial individual, who serves as the mediator, facilitates discussion of the issues in an attempt to reach a settlement. The mediator does not render a decision. In 1998, the Exchange adopted, on a pilot basis, Rule 638 to provide for mandatory mediation in all intra-industry disputes and voluntary mediation in all customer disputes for claims of $500,000 or more. As an incentive for parties to use mediation, the pilot program provided for the Exchange to pay the mediator's fee, up to $500 for a single mediation session of up to four hours. In December 2000, the pilot was amended to lower the threshold for customer disputes to $250,000. The Exchange's experience with the pilot led to the conclusion that mediation is most successful when parties enter into it of their own accord. For this reason, the pilot was allowed to expire on January 31, 2003. Thereafter, the Exchange adopted the current mediation rules that provide for voluntary mediation pending arbitration, as well as prior to arbitration. The proposal would remove references to the expired pilot program. The proposed amendments would also codify certain existing mediation procedures, including that:
(1)The mediator's fees and method of payment are subject to agreement of the parties and the mediator, and all such fees and costs incurred in mediation are the parties' responsibility;
(2)an adjournment fee will be assessed if an arbitration hearing is adjourned for purposes of the parties pursuing mediation unless the fee is waived under Exchange Rule 617;
(3)a mediator may not represent a party or act as an arbitrator in an arbitration relating to the matter arbitrated, nor be called to testify regarding the mediation in any proceeding; and
(4)the mediation is confidential and no record is kept of the proceeding, and, except as may be required by law, the parties and mediator agree not to disclose the substance of the mediation without the prior written authorization of all parties to the mediation. In addition, the proposed rule would clarify that any party may withdraw from mediation at any time prior to the execution of a settlement agreement upon written notification to all other parties, the mediator, and the Director of Arbitration. It also would clarify that parties may select a mediator on their own or request a list of potential mediators from the Exchange, and that, upon request of any party, the Director of Arbitration would send the parties a list of five potential mediators together with the mediators' biographical information described in Rule 608. At that time, any party to the mediation would be able to request additional names from the Director of Arbitration. The proposed rule also would provide that the parties shall advise the Exchange as to the name of the agreed-upon mediator. In addition, it would clarify that once the parties agree to mediate, the Exchange would facilitate the mediation, if requested, by contacting the mediator selected and by assisting in making necessary arrangements, as well as that parties to mediation may use the Exchange meeting facilities in New York, when available, without charge. 2. Statutory Basis The proposed changes are consistent with Section 6(b)(5) 4 of the Act 5 in that they promote just and equitable principles of trade by ensuring that members and member organizations and the public have fair and flexible alternatives for the resolution of their disputes. 4 15 U.S.C. 78f(b)(5). 5 15 U.S.C. 78a. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)As the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(a)By order approve the proposed rule change, or
(b)institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2006-45 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2006-45. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC. Copies of such filing also will be available for inspection and copying at the principal office of the NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File number SR-NYSE-2006-45 and should be submitted at or before January 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 6 6 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E6-21818 Filed 12-20-06; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [License No. 02/72-0610] Gefus SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Gefus SBIC, L.P., 375 Park Avenue, Suite 2401, New York, NY 10152, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730 (2006)). Gefus SBIC, L.P. proposes to provide equity security financing to Patton Surgical Inc. 1000 Westbank Drive, Suite 5A200 Austin, TX 78746. The financing is contemplated for operating expenses and for general corporate purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Admiral Bobby R. Inman, an Associate of Gefus SBIC, L.P., owns more than ten percent of Patton Surgical, Inc. Therefore, Patton Surgical, Inc. is also considered an Associate of Gefus SBIC, L.P., as defined at 13 CFR 107.50 of the SBIC Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. Jaime Guzma n-Fournier, Associate Administrator for Investment. [FR Doc. E6-21801 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [License No. 09/71-0378] Housatonic Equity Investors SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Housatonic Equity Investors SBIC, L.P., 44 Montgomery Street, Suite 4010, San Francisco, CA 94104, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730 (2006)). Housatonic Equity Investors SBIC, L.P. provided equity security financing to ArchivesOne, Inc., 200 Commercial Street, Watertown, CT 06795. The financing is contemplated for operating expenses and general corporate purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Housatonic Equity Investors, L.P., an Associate of Housatonic Equity Investors SBIC, L.P., owns more than ten percent of ArchivesOne, Inc.. Therefore, ArchivesOne, Inc. is also considered an Associate of Housatonic Equity Investors SBIC, L.P. as defined at 13 CFR 107.50 of the SBIC Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. Jaime Guzmán-Fournier, Associate Administrator for Investment. [FR Doc. E6-21800 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10760] Alaska Disaster # AK-00009 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Alaska (FEMA—1669—DR), dated 12/08/2006. *Incident:* Severe Storms, Flooding, Landslides, and Mudslides. *Incident Period:* 10/08/2006 through 10/13/2006. *Effective Date:* 12/08/2006. *Physical Loan Application Deadline Date:* 02/06/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, Tx 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/08/2006, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Chugach Reaa (10), Copper River Reaa (11), Kenai Peninsula Borough *The Interest Rates are:* Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.000 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10760. (Catalog of Federal Domestic Assistance Number 59008). Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-21811 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10750 and #10751] Missouri Disaster #MO-00004 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Missouri dated 12/15/2006. *Incident:* Severe Storms. *Incident Period:* 09/22/2006 and continuing. EFFECTIVE DATE: 12/15/2006. *Physical Loan Application Deadline Date:* 02/13/2007. *Economic Injury
(Eidl)Loan Application Deadline Date:* 09/17/2007. ADDRESSES: Submit completed loan applications to : U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* New Madrid, Perry. *Contiguous Counties:* Missouri: Bollinger, Cape Girardeau, Dunklin, Madison, Mississippi, Pemiscot, Scott, St. Francois, and Ste. Genevieve Stoddard. Illinois: Jackson, Randolph, and Union. Kentucky: Fulton. Tennessee: Lake. *The Interest Rates are:* Percent Homeowners With Credit Available Elsewhere: 6.250 Homeowners Without Credit Available Elsewhere: 3.125 Businesses With Credit Available Elsewhere: 7.934 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere: 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere: 5.000 Businesses and Non-Profit Organizations Without Credit Available Elsewhere: 4.000 The number assigned to this disaster for physical damage is 10750 B and for economic injury is 10751 0. The States which received an EIDL Declaration # are Missouri, Illinois, Kentucky, Tennessee. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). Steven C. Preston, Administrator. [FR Doc. E6-21803 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10759] New York Disaster #NY-00039 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA-1670-DR), dated 12/12/2006. *Incident:* Severe Storms and Flooding. *Incident Period:* 11/16/2006 through 11/17/2006. *Effective Date:* 12/12/2006. *Physical Loan Application Deadline Date:* 02/12/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth , TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/12/2006, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Broome, Chenango, Delaware, Hamilton, Herkimer, Montgomery, Otsego, and Tioga. *The Interest Rates are:* Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10759. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E6-21810 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of intent to Waive the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes). SUMMARY: The U.S. Small Business Administration
(SBA)is considering granting a request for a waiver of the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes). According to the request, no small business manufacturers supply these classes of products to the Federal government. If granted, the waiver would allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA's 8(a) Business Development Program. DATES: Comments and source information must be submitted by January 5, 2007. ADDRESSES: You may submit comments and source information to Sarah Ayers, Program Analyst, U.S. Small Business Administration, Office of Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Sarah Ayers, Program Analyst, by telephone at
(202)205-6413; by FAX at
(202)205-6390; or by e-mail at *sarah.ayers@sba.gov.* SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal government within the last 24 months. The SBA defines “class of products” based on six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA is currently processing a request to waive the Nonmanufacturer Rule for Demountable Cargo Containers, Manufacturing, (Dry Freight Containers/Connex Boxes) North American Industry Classification System (NAICS) code 336212. The public is invited to comment or provide source information to SBA on the proposed waivers of the Nonmanufacturer Rule for this class of NAICS code within 15 days after date of publication in the **Federal Register** . Arthur E. Collins, Acting Associate Administrator for Government Contracting. [FR Doc. E6-21813 Filed 12-20-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5650] Determination on U.S. Position on Proposed European Bank for Reconstruction and Development
(EBRD)Projects Including Serbia and Bosnia and Herzegovina Pursuant to section 561 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-102) (FOAA), and Department of State Delegation of Authority Number 289, I hereby determine that the four proposed EBRD projects will contribute to a stronger and more integrated economy in the Balkans and thus directly support implementation of the Dayton Accords. I therefore waive the application of Section 561 of the FOAA to the extent that provision would otherwise prevent the U.S. Executive Directors of the EBRD from voting in favor of these projects. The four projects are: A loan to HVB Banka Serbia; an equity investment in Syntaxis Mezzanine Fund I; an equity investment in South Eastern Energy Capital; and a loan to Danube Group Holding of Serbia with an equity investment in JKR Natural Resource B.V. This Determination shall be reported to the Congress and published in the **Federal Register** . Dated: December 5, 2006. Daniel Fried, Assistant Secretary of State for European and Eurasian Affairs, Department of State. [FR Doc. E6-21874 Filed 12-20-06; 8:45 am] BILLING CODE 4710-23-P DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG-2005-22219] Northeast Gateway Liquefied Natural Gas Deepwater Port License Application; Final Environmental Impact Statement Supplementary Material AGENCY: Maritime Administration, DOT. ACTION: Notice of availability; Request for Comments. SUMMARY: The Coast Guard and the Maritime Administration (MARAD) announce the availability of material supplementing the Final Environmental Impact Statement
(FEIS)for the Northeast Gateway Liquefied Natural Gas Deepwater Port License Application. The supplementary material corrects omissions in the FEIS. DATES: To allow sufficient time for public review and comment on this supplemental material we are extending the public comment period until December 26, 2006. All other scheduled dates remain unchanged. The Federal and State Agency and Governor comment period also end December 26, 2006 and the MARAD Record of Decision is due by February 7, 2007. FOR FURTHER INFORMATION CONTACT: If you have questions about the supplementary material, you may contact Roddy Bachman, U.S. Coast Guard, at 202-372-1451 or *Roddy.C.Bachman.uscg.mil* . If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: On October 26, 2006, the Coast Guard and MARAD notice of availability for the Northeast Gateway Liquefied Natural Gas Deepwater Port License FEIS appeared in the **Federal Register** (71 FR 62657). Subsequently, we discovered some omissions in the FEIS. The FEIS did not include some data that became available late in the process. These corrections appear in an errata sheet which, along with the FEIS itself, are now available in the docket on the Internet at *http://dms.dot.gov* under docket number USCG-2005-22219. You may also view these materials in person at the Docket Management Facility in room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The corrections are to incorporate additional Whale Center of New England data into the FEIS. The following corrections to the FEIS apply: Page 2-36, Marine Mammal Occurrence *Delete:* “The analysis compared distribution of marine mammal sightings within the location alternatives using sighting data provided by SBNMS for the period 1979 to 2002”. *Replace with:* “Data on the distribution of marine mammals was obtained from the following two primary sources: Whale Center of New England (Weinrich and Sardi, 2005) and North Atlantic Right Whale Consortium (NARWC). The Whale Center of New England sightings data are collected by observers on whale watch boats out of Gloucester, Salem, Boston, and Provincetown, as well as one dedicated research vessel out of Gloucester. The NARWC maintains sightings data collected by government and private right whale researchers. Additional mammal distribution information was also obtained from the NMFS stock assessments (Waring *et al.* , 2004) and review of online NMFS stock assessment reports.” Page 2-51 *Replace* “North Atlantic Right Whale” with “Marine Mammals” and *insert* the following: According to the 2005 NMFS online Stock Assessment Reports (SARs), humpback whales are also considered a strategic stock for which the average annual fishery-related mortality and serious injury exceeds the potential biological removal (PBR), while minke whales are not. More recent scientific studies (Cole *et al.* (2005)) indicate that Gulf of Maine humpback and minke whales are both above the PBR. Should NMFS incorporate these findings into the next SAR, the minke whale may be considered for reclassification as a strategic stock. Construction scheduling should avoid peak periods when these species are most abundant. Page 2-54, Table 2-9. Replace: Table 2-9 with the following table BILLING CODE 4910-81-P EN21DE06.037 EN21DE06.038 Page 3-53 *Insert* the following footnote to Table 3-22: “More recent scientific studies (Cole *et al.* (2005)) indicate that the Gulf of Maine minke whale stock is above the PBR. Should NMFS incorporate these findings into the next SAR, the minke whale may be considered for reclassification as a strategic stock.” Page 3-54, First paragraph last sentence *Delete* “In general, use of the Gulf of Maine habitat areas by cetaceans increases in the spring and summer, and decreases in the fall and winter.” *Replace with* “Although seasonal whale distribution plots developed from whale watching cruises seem to indicate a decline in mammal numbers during the fall, this may reflect the fewer number of whale watching cruises outside the peak summer season. Therefore, use of Gulf of Maine habitat areas by cetaceans does not show as much of a decrease in the fall as previously indicated in the FEIS.” Page 3-66, Second paragraph, following last sentence *Insert* “More recent scientific studies (Cole *et al.* (2005)) indicate that Gulf of Maine minke whale is above the PBR. Should NMFS incorporate these findings into the next SAR, the minke whale may be considered for reclassification as a strategic stock.” Page 3-76, Replace table 3-26 with the following table EN21DE06.039 BILLING CODE 4910-81-C Page 3-81, paragraph 3 *Replace* the two references to figure 3-13 in: “(Figures 3-13 through 3-17)”, with: “(Figures 3-14 through 3-17).” Page 3-88, paragraph 4 *Delete:* “Nevertheless, only about 10% of the current day North Atlantic population of humpback whales regularly visits New England waters (USEPA, 1993). According to the species stock assessment report, the population estimate for the Gulf of Maine stock of humpback whales is 902 individuals (Waring *et al.* , 2004), and the best estimate for the entire North Atlantic population is 10,600 (Smith *et al.* , 1999).” *Replace with:* “According to the species stock assessment report, the population estimate for the Gulf of Maine stock of humpback whales is 902 individuals (Waring *et al.* , 2004). The appropriate management unit for consideration is the Gulf of Maine stock, as re-population from the larger North Atlantic population is not likely.” Page 3-89, first full sentence *Delete* “but a dramatic increase in the use of Stellwagen Bank by adult humpback whales has occurred during the September 1-November 5, 2000-2004 period, apparently due to the increased feeding on previously unexploited prey sources (Weinrich and Sardi, 2005).” *Replace with:* “but a dramatic increase in the use of Stellwagen Basin, in the area of the proposed Project site by primarily juvenile humpback whales has occurred during the September 1-November 5, 2000-2004 period, apparently due to the increased feeding on previously unexploited planktivorous prey sources (Weinrich and Sardi, 2005).” Page 3-94, last full paragraph, following last sentence *Insert:* “In its 2005 Stock Assessment Report
(SAR)NMFS has classified the humpback whale as a strategic stock. Recent scientific studies (Cole *et al.* (2005)) continue to indicate that the Gulf of Maine humpback whale stock is above the PBR.” Page 3-101, last paragraph *Delete* reference to Weinrich and Sardi, 2005 in sentence: “According to the sighting data, only one sei whale has been seen in the Project area, and that whale was feeding (Figure 3-28) (Kenney, 2001; Short and Schaub, 2005; Short *et al.* , 2004; Weinrich and Sardi, 2005; McLeod *et al.* , 2003 and 2000; Kenney, 2001; McLeod, 2002, 2001, and 1999).” Page 3-127, 6th full paragraph *Delete* second sentence “Few of these operators are devoted exclusively to whale watching, and many also provide fishing, sightseeing, and transportation services.” Page 3-153, last paragraph *Delete:* “This proposal must be formally evaluated prior to approval.” *Replace with:* “The proposed shift in the TSS was presented to the International Maritime Organization
(IMO)in summer 2006 for official review and decision.” Page 3-158, end of first paragraph *Insert:* (NEG, 2005). Page 4-40, Table 4-10 Under the “Equivalent Yield” column, replace “1,165” (lobster) with “3”, and change the total from 2,330 to 1,168. Page 4-58, third full paragraph *Delete* “there has been little or no direct evidence to link a spill event to any cetacean mortality discovered either during or following a spill (Geraci and Aubin, 1990).” *Replace with:* “studies conducted after the large Exxon Valdez oil spill indicated adverse impacts to local killer whale pods, with at least two immediate mortalities likely from the spill (Matkin and Saulitie, 1997). Although killer whales feed at the top of the food chain, and most of the species in the NEG project area feed on plankton, near the bottom of the food chain, there is the potential for adverse impacts on whales at the project site from oil spills. Impacts are still considered to be minor; however, due to the low probability of a spill.” Page 4-58, third full paragraph *Delete:* Despite direct contact of these marine mammals with the oil spills, no apparent adverse effects were recorded.” *Replace with:* “Despite direct contact of these marine mammals with the oil spills, no apparent adverse effects were recorded at the time of the fly-over, nor was there evidence of behavior modification as a result of the spill. Follow-up flights or studies were not conducted, however, to determine if there were any longer-term effects.” Page 4-63, first paragraph, 4th sentence *Insert:* (NEG, 2005) at the end of the sentence. Pages 4-65 and 4-76 Fuel Spill *Delete:* “Cetaceans that might come into contact with a small fuel spill at the Project site would not be likely to show adverse effects, as past observations have shown no apparent adverse effects or behavioral changes caused by contact with fuel spills.” *Replace with:* “Limited study (see FEIS, p. 4-58, third full paragraph), indicates that cetaceans that may come into contact with a small fuel spill at the Project site would not be likely to show adverse effects.” Page 4-65 and 4-76 Bioaccumulation 2nd paragraph *Delete:* “The only possible route of uptake of contaminants by marine mammals is through food consumption, as contaminants are not absorbed through the skin of marine mammals, and they do not drink large quantities of seawater.” *Replace with:* “The most likely route of uptake of contaminants by marine mammals is through food consumption, as contaminants are not absorbed through the skin of marine mammals. While whales do not intentionally drink large quantities of seawater, a large quantity of water is processed in filter-feeding and could present another potential route for contaminate absorption.” Page 4-77 Construction Schedule Alternatives *Delete:* “Allowing construction from May through November would be most protective of the critically endangered North Atlantic right whale and fin and humpback whales, but would be less protective of sei whales, blue whales, sea turtles and some fish species.” *Replace with:* “Allowing construction from May through November would be most protective of the North Atlantic right whale, but would be less protective of fin whales, humpback whales, sea turtles and some fish species.” By order of the Maritime Administrator. Dated: December 18, 2006. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6-21885 Filed 12-20-06; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34961] Indiana Boxcar Corporation—Continuance in Control Exemption—Youngstown & Southeastern Railway Company Indiana Boxcar Corporation (applicant) has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of Youngstown & Southeastern Railway Company (Y&S), upon Y&S's becoming a Class III rail carrier. The transaction was scheduled to be consummated on November 29, 2006. This transaction is related to the concurrently filed verified notices of exemption: STB Finance Docket No. 34934, *Eastern States Railroad, LLC—Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port Authority* , wherein Eastern States Railroad, LLC
(ESR)seeks to acquire the lease and operating rights of approximately 35.7 miles of rail line owned by the Columbiana County Port Authority (CCPA), and to receive permanent assignment of CCPA's and the Central Columbiana & Pennsylvania Railroad's operating rights to approximately 3 miles of track running east of milepost 0.0 in Youngstown, OH; and STB Finance Docket No. 34962, *Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC* , wherein Y&S seeks to sublease and/or operate the 38.7 miles of line being acquired by ESR in STB Finance Docket No. 34934. Applicant is a noncarrier that currently controls three Class III rail carriers: Vermilion Valley Railroad Company, Inc. (VVR), the Chesapeake & Indiana Railroad Company, Inc. (CIR), and Tishomingo Railroad Company, Incorporated (TRR). Applicant states that:
(1)The rail lines operated by VVR, CIR, and TRR do not connect with the rail line being acquired by lease and operated by Y&S;
(2)the continuance in control is not part of a series of anticipated transactions that would connect the rail line being acquired by lease and operated by Y&S with applicant's rail lines or with those of any other railroad within applicant's corporate family; and
(3)the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. *See* 49 CFR 1180.2(d)(2). 1 The purpose of the transaction is to continue rail service on a light-density line being acquired by ESR through purchase, lease, and operating rights agreement. 1 Pursuant to 49 CFR 1180.6(a)(7)(ii), applicant is required to submit “a copy of any contract or other written instrument entered into, or proposed to be entered into, pertaining to the proposed transaction.” Applicant states in its notice that a copy of an agreement is not yet available, but that it will submit a copy of the executed agreement as soon as it is available. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34961, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-21760 Filed 12-20-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34934] Eastern States Railroad, LLC—Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc. and Columbiana County Port Authority Eastern States Railroad, LLC (ESR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire the lease and operating rights to approximately 35.7 miles of rail line owned by the Columbiana County Port Authority (CCPA). The line extends between milepost 0.0 in Youngstown, OH, and milepost 35.7 in Darlington, PA. Currently, the Ohio & Pennsylvania Railroad Company (O&P) operates over this line pursuant to an interim operating agreement with the trustee of the line's former operator, the Central Columbiana & Pennsylvania Railway, Inc. (CCPR), which filed for bankruptcy in the U.S. Bankruptcy Court for the Eastern District of Arkansas. 1 O&P received interim operating authority from the Board in *The Ohio and Pennsylvania Railroad—Acquisition and Operation Exemption—Rail Lines of Columbiana County Port Authority in Mahoning and Columbiana Counties, OH, and Beaver County, PA* , STB Finance Docket No. 34632 (STB served Dec. 21, 2004). According to ESR, O&P's interim operating agreement will terminate, pursuant to an order of the bankruptcy court, upon the effective date of this notice. According to ESR, the bankruptcy court has authorized CCPR, through CCPR's trustee, to assign its lease and operating rights to ESR. 1 U.S. Bankruptcy Court for the Eastern District of Arkansas, Case No. 04-BK-16887T. ESR also seeks to receive permanent assignment of CCPA's and CCPR's operating rights to approximately 3 miles of track running east of milepost 0.0. ESR claims that this acquisition will, in combination with other rights that ESR has obtained, facilitate interchange with Norfolk Southern Railway Company and CSX Transportation, Inc. According to ESR, it has entered into an interim operating agreement with the trustee of CCPR for interim assignment of operating rights on all the lines described herein, pending the closing of its acquisition of the lease and operating rights, so that ESR may commence operations. ESR certifies that its projected annual revenues as a result of the transaction will not exceed $5 million. The transaction was scheduled to be consummated on November 29, 2006, the effective date of the exemption (7 days after the exemption was filed). This transaction is related to two concurrently filed verified notices of exemption: STB Finance Docket No. 34962, *Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC* , wherein Youngstown & Southeastern Railway Company (Y&S) seeks to sublease and/or operate the 38.7 miles of line being acquired by ESR in this docket; and STB Finance Docket No. 34961, *Indiana Boxcar Corporation—Continuance in Control Exemption—Youngstown & Southeastern Railway Company* , wherein Indiana Boxcar Corporation seeks an exemption for continuance in control once Y&S is granted common carrier authority. If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34934, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Myles L. Tobin, Fletcher & Sippel, LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-21762 Filed 12-20-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34962] Youngstown & Southeastern Railway Company—Lease and Operation Exemption—Lines of Eastern States Railroad, LLC Youngstown & Southeastern Railway Company (Y&S), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to sublease from Eastern States Railroad, LLC
(ESR)and operate the portion of the 35.7-mile line between milepost 35.7 in Darlington, PA, and milepost 0.0 in Youngstown, OH. In addition, Y&S will operate, as ESR's agent and in ESR's name, 3 miles of rail line running east of Youngstown, which is the subject of permanent assignment to ESR of Central Columbiana & Pennsylvania Railway, Inc.'s
(CCPR)and Columbiana County Port Authority's
(CCPA)operating rights that will facilitate the interchange of traffic with Norfolk Southern Railway Company and CSX Transportation, Inc. This transaction is related to two concurrently filed verified notices of exemption: STB Finance Docket No. 34934, *Eastern States Railroad, LLC—Acquisition Exemption—Central Columbiana & Pennsylvania Railway, Inc., and Columbiana County Port Authority* , wherein ESR seeks to acquire the lease and operating rights of approximately 35.7 miles of rail line owned by CCPA, and to receive permanent assignment of CCPR's and CCPA's operating rights to approximately 3 miles of track east of milepost 0.0; and STB Finance Docket No. 34961, *Indiana Boxcar Corporation—Continuance in Control Exemption—Youngstown & Southeastern Railway Company* , wherein Indiana Boxcar Corporation seeks to continue in control of Y&S upon Y&S's becoming a Class III carrier. Y&S certifies that its projected annual revenue as a result of this transaction will not exceed $5 million. The transaction was scheduled to be consummated on or after November 29, 2006, the effective date of the exemption (7 days after the exemption was filed). If the notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke does not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34962, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on its Web site at *http://www.stb.dot.gov* . Decided: December 14, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-21761 Filed 12-20-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34954] Commonwealth Railway, Inc.—Acquisition and Operation Exemption—Norfolk Southern Railway Company Commonwealth Railway, Inc. (CWRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 12.5 miles of rail line owned by Norfolk Southern Railway Company
(NS)between milepost F-4.0 and milepost F-16.5 near Portsmouth, VA. CWRY currently operates the subject line pursuant to a lease with an option to purchase from NS (as the successor to Norfolk and Western Railway Company). 1 CWRY states that it has agreed to grant NS and CSX Transportation, Inc.
(CSXT)trackage rights over a portion of the subject line between milepost F-16.5 and approximately milepost F-9.9 to allow each connecting carrier equal access to CWRY and the rail line. 2 1 *See Commonwealth Railway Incorporated—Lease, Operation, and Acquisition Exemption—Rail Lines in Portsmouth, Chesapeake, and Suffolk, VA,* Finance Docket No. 31528 (ICC served Sept. 8, 1989). As part of that transaction, CWRY also acquired a 3.92-mile line of railroad between milepost F-0.8 and milepost F-4.0. 2 According to CWRY, both NS and CSXT will seek the Board's approval for the trackage rights in separate filings. CWRY certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and that its projected annual revenues will not exceed $5 million. CWRY states that the parties intend to consummate the transaction after November 28, 2006 (the effective date of the exemption). If the verified notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34954, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on: Eric M. Hocky, Four Penn Center, Suite 200, 1600 John F. Kennedy Blvd., Philadelphia, PA 19103-2808. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: December 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-21614 Filed 12-20-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 285X), STB Docket No. AB-290 (Sub-No. 276X)] High Point, Randleman, Asheboro and Southern Railroad Company—Abandonment Exemption—in Guilford County, NC; Norfolk Southern Railway Company—Discontinuance of Service Exemption—in Guilford County, NC Norfolk Southern Railway Company
(NSR)and High Point, Randleman, Asheboro and Southern Railroad Company (HPRAS), a majority-owned NSR subsidiary, have jointly filed a notice of exemption under 49 CFR 1152 Subpart F— *Exempt Abandonments and Discontinuances of Service* for NSR to discontinue service over, and for HPRAS to abandon, 1.5 miles of railroad between milepost M 0.0 and milepost M 1.5 in High Point, Guilford County, NC. The line traverses United States Postal Service Zip Code 27260, and includes the former station of High Point. NSR and HPRAS have certified that:
(1)No local traffic has moved over the line for at least 2 years;
(2)any overhead traffic can be rerouted over other lines;
(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and
(4)the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen* , 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance
(OFA)has been received, these exemptions will be effective on January 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 2, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 10, 2007, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis
(SEA)in its independent investigation) cannot be made before the exemptions' effective date. *See Exemption of Out-of-Service Rail Lines* , 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemptions' effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to applicants' representative: James R. Paschall, Three Commercial Place, Norfolk, VA 23510. If the verified notice contains false or misleading information, the exemptions are void *ab initio* . NSR and HPRAS have filed an environmental report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment
(EA)by December 26, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at
(202)565-1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), HPRAS shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by HPRAS's filing of a notice of consummation by December 21, 2007, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: December 11, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. 1 4 [FR Doc. E6-21526 Filed 12-20-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request December 15, 2006. The Department of Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW Washington, DC 20220. *Dates:* Written comments should be received on or before January 22, 2007 to be assured of consideration. United States Mint *OMB Number:* 1525-0012. *Type of Review:* Revision. *Title:* Generic Clearance for Voluntary Surveys to Implement E.O. 12862. Implemented by Sales and Marketing Division. *Description:* This is revised a Generic Clearance for an undefined number of customer satisfaction and opinion surveys or focus group interviews to be conducted over the next three years. The information collected from these surveys will be used to improve mint products and services. *Respondents:* Individuals or households. *Estimated Number of Respondents:* 81,508. *Estimated Total Reporting Burden:* 10,996 hours. *Clearance Officer:* Yvonne Pollard,
(202)722-7310, United States Mint, 799 9th Street, NW., 4th Floor, Washington, DC 20220. *OMB Reviewer:* Alexander T. Hunt,
(202)395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Michael A. Robinson, Treasury PRA Clearance Officer. [FR Doc. E6-21823 Filed 12-20-06; 8:45 am] BILLING CODE 4810-37-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0002] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act
(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine a claimant's entitlement to disability pension. DATES: Written comments and recommendations on the proposed collection of information should be received on or before February 20, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov;* or to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or e-mail: *nancy.kessinger@va.gov.* Please refer to “OMB Control No. 2900-0002” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System
(FDMS)at www.Regulations.gov FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at
(202)273-7079 or fax
(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501—3521), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;
(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;
(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 respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Income-Net Worth and Employment Statement (In support of Claim for Total Disability Benefits), VA Form 21-527. *OMB Control Number:* 2900-0002. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 21-527 is completed by claimants who previously filed a claim for compensation and/or pension and wish to file a new claim for disability pension or reopen a previously denied claim for disability pension. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 104,440. *Estimated Average Burden per Respondent:* 60 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* 104,440. Dated: Decmber 7, 2006. By direction of the Secretary. Cindy Stewart, Program Analyst Initiative Coordination Service. [FR Doc. E6-21771 Filed 12-20-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0577] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act
(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension without change, of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine eligibility for ancillary benefits for a spina bifida child of a Vietnam veteran. DATES: Written comments and recommendations on the proposed collection of information should be received on or before February 20, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or e-mail: *nancy.kessinger@va.gov* . Please refer to “OMB Control No. 2900-2900-0577” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System
(FDMS)at *www.Regulations.gov* . FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at
(202)273-7079 or FAX
(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;
(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;
(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 respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Spina Bifida Award Attachment Important Information, VA Form 21-0307. *OMB Control Number:* 2900-0577. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 21-0307 is used to provide children of Vietnam veterans who have spina bifida with information about VA health care and vocational training and the steps they must take to apply for such benefits. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 19 hours. *Estimated Average Burden per Respondent:* 15 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 75. Dated: December 7, 2006. By direction of the Secretary. Cindy Stewart, Program Analyst Initiative Coordination Service. [FR Doc. E6-21773 Filed 12-20-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0118] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act
(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to determine whether an eligible person who is enrolled in a program at one school is entitled to receive education benefits for enrollment at a secondary school. DATES: Written comments and recommendations on the proposed collection of information should be received on or before February 20, 2007. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov; or to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or e-mail: *nancy.kessinger@va.gov* . Please refer to “OMB Control No. 2900-0118” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System
(FDMS)at *www.Regulations.gov* . FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at
(202)273-7079 or FAX
(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501—3521), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;
(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;
(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 respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Transfer of Scholastic Credit (Schools), VA Form Letter 22-315. *OMB Control Number:* 2900-0118. *Type of Review:* Extension of a currently approved collection. *Abstract:* Students receiving VA education benefits and are enrolled in two training institutions, must have the primary institution at which the student pursues his or her approved program of education verify that courses pursued at a secondary school will be accepted as full credit towards the student's course objective. VA sends VA Form Letter 22-315 to the student requesting that they have the certifying official of his or her primary institution to list the course or courses pursued at the secondary school for which the primary institution will give full credit. Educational payment for courses pursued at a secondary school is not payable until VA receives evidence from the primary institution verifying that the student is pursuing his or her approved program while enrolled in these courses. VA Form Letter 22-315 serves as this certification of acceptance. *Affected Public:* Not-for-profit institutions, and State, local or tribal government. *Estimated Annual Burden:* 1,050 hours. *Estimated Average Burden per Respondent:* 10 minutes. *Frequency of Response:* Occasion. *Estimated Number of Respondents:* 6,329. Dated: December 7, 2006. By direction of the Secretary. Cindy Stewart, Program Analyst Initiative Coordination Service. [FR Doc. E6-21775 Filed 12-20-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900—New (Dynamics of Unemployment in (20-24) Young Veterans] Agency Information Collection Activities Under OMB Review AGENCY: Office of Policy, Planning and Preparedness, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Policy, Planning and Preparedness (OPP&P), Department of Veterans Affairs, has submitted the collection of information for the Veterans' Disability Benefits Commission as abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before January 22, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503,
(202)395-7316. Please refer to “OMB Control No. 2900—New (Dynamics of Unemployment in (20-24) Young Veterans)” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Initiative Coordination Service (005G1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, fax
(202)565-7870 or e-mail *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900—New (Dynamics of Unemployment in (20-24) Young Veterans).” SUPPLEMENTARY INFORMATION: *Title:* Dynamics of Unemployment in Young (20-24) Veterans. *OMB Control Number:* 2900—New (Dynamics of Unemployment in (20-24) Young Veterans). *Type of Review:* Extension of a currently approved collection. *Abstract:* The purpose of the study is to obtain information on the unemployment dynamics among young veterans (ages 20-24) recently discharged. The data includes recent employment history; occupation; income; job-seeking; experience with training, education, and employment assistance; and education. The study is a telephone survey with a representative sample, with half from regular service and half from activated reserve components. Survey items are largely from existing National surveys, such as the Current Population Survey or its Veteran Supplement, National Longitudinal Survey of Youth, National Survey of Veterans, and the Survey of Income and Program Participation. 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 **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on September 14, 2006, at page 54342. *Affected Public:* Individuals or households. *Estimated Time per Respondent and Annual Burden:* 667 hours. *Estimated Average Burden per Respondent:* 20 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* 2,000. Dated: December 11, 2006. By direction of the Secretary. Cindy Stewart, Program Analyst Initiative Coordination Service. [FR Doc. E6-21776 Filed 12-20-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0616] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act
(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine non-Federal nursing home or residential care home qualification in providing care to veteran patients. DATES: Written comments and recommendations on the proposed collection of information should be received on or before February 20, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov;* or to Ann W. Bickoff, Veterans Health Administration (193E1), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420 or e-mail: *ann.bickoff@va.gov.* Please refer to “OMB Control No. 2900-0616” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System
(FDMS)at *www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Ann W. Bickoff
(202)273-8310 or FAX
(202)273-9381. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Public Law 104-13; 44 U.S.C. 3501—3521), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VHA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of VHA's functions, including whether the information will have practical utility;
(2)the accuracy of VHA's estimate of the burden of the proposed collection of information;
(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 respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Titles:* a. Application for Furnishing Long-Term Care Services to Beneficiaries of Veterans Affairs, VA Form 10-1170. b. Residential Care Home Program—Sponsor Application, VA Form 10-2407. *OMB Control Number:* 2900-0616. *Type of Review:* Extension of a currently approved collection. *Abstract:* a. VA Form 10-1170 is completed by community agencies wishing to provide long term care to veterans receiving VA benefits. b. VA Form 10-2407 is an application used by a residential care facility or home that wishes to provide residential home care to veterans. It serves as the agreement between VA and the residential care home that the home will submit to an initial inspection and comply with VA requirements for residential care. *Affected Public:* Business or other for-profit, Not-for-profit institutions, and State, Local or Tribal Government. *Estimated Annual Burden:* a. VA Form 10-1170—83 hours. b. VA Form 10-2407—42 hours. *Estimated Average Burden Per Respondent:* a. VA Form 10-1170—10 minutes. b. VA Form 10-2407—5 minutes. *Frequency of Response:* One time. *Estimated Number of Respondents:* a. VA Form 10-1170—500. b. VA Form 10-2407—500. Dated: December 11, 2006. By direction of the Secretary. Cindy Stewart, Program Analyst, Initiative Coordination Service. [FR Doc. E6-21777 Filed 12-20-06; 8:45 am] BILLING CODE 8320-01-P 71 245 Thursday, December 21, 2006 Presidential Documents Title 3— The President Presidential Determination No. 2007-8 of December 14, 2006 Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secretary of State Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is important to the national interest that up to $5.215 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund for the purpose of meeting unexpected urgent refugee and migration needs resulting from conflicts in Somalia and Sri Lanka. These funds may be used, as appropriate, to provide contributions to international, governmental, and nongovernmental organizations and, as necessary, for administrative expenses of the Bureau of Population, Refugees, and Migration. You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority and to publish this determination in the **Federal Register** . GWBOLD.EPS THE WHITE HOUSE, Washington, December 14, 2006. [FR Doc. 06-9836 Filed 12-20-06; 8:45 am]
Connectionstraces to 21
Traces to 21 documents
CFR
- Ethylene oxide.§ 1910.1047
- Exclusive, co-exclusive, and partially exclusive licenses.§ 404.7
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- Financings which constitute conflicts of interest.§ 107.730
- Definition of terms.§ 107.50
- How does a small business concern qualify to provide manufactured products or other supply items under a small business set-aside, service-disabled veteran-owned small business, HUBZone, WOSB or EDWOSB, or 8(a) contract?§ 121.406
- When will a waiver of the Nonmanufacturer Rule be granted for a class of products?§ 121.1202
U.S. Code
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Determinations by Secretary of Labor§ 2273
- Federal agency responsibilities§ 3506
- Licensing federally owned inventions§ 209
- Implementation of trade agreements§ 3805
- Tariff modifications§ 4031
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- Short title§ 78a
- National securities exchanges§ 78f
- Additional powers§ 637
- Consolidation, merger, and acquisition of control§ 11323
- Authority to exempt rail carrier transportation§ 10502
- Purposes§ 3501
- Refugees and migration§ 2601
28 references not yet in our index
- 5 CFR 1320.10
- Pub. L. 104-13
- 26 USC 2813
- 29 CFR 90.18(c)
- 29 CFR 90.18(C)
- 10 CFR 54
- Pub. L. 108-77
- Pub. L. 108-302
- Pub. L. 109-53
- 5 CFR 950
- 17 CFR 240.19
- Pub. L. 109-102
- 49 CFR 1180.2(d)(2)
- 49 CFR 1180.6(a)(7)(ii)
- 49 CFR 1150.31
- 49 CFR 1150.41
- 49 CFR 1152
- 49 CFR 1105.7
- 49 CFR 1105.8
- 49 CFR 1105.11
- 49 CFR 1105.12
- 49 CFR 1152.50(d)(1)
- 49 CFR 1152.27(c)(2)
- 49 CFR 1152.29
- 49 CFR 1152.28
- 49 CFR 1002.2(f)(25)
- 49 CFR 1152.29(e)(2)
- 44 USC 3501-3521
Citation graph
cites case law
Notices
60-day Notice of Information Collection Under Review: Revision of a currently approved collection; Law Enforcement Officers Killed or Assaulted
Cite5 CFR 1320.10
Pub. L.Pub. L. 104-13
Cite26 USC 2813
Cites 49 · showing 12Cited by 0 across 0 sources