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Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / ContentsIVSargent Art, 33319Skyline Plastic Systems, Inc., 33319–33320Wistron Infocomm, 33320Fish and Wildlife ServiceRULESNational Wildlife Refuge System:Refuge-specific public use regulations—Kodiak National Wildlife Refuge, AK; conservationeasement, 33255–33259Energy DepartmentSee Federal Energy Regulatory CommissionFood and Drug AdministrationEnvironmental Protection AgencyRULESNOTICESAnimal drugs, feeds, and related products:Oxibendazole paste, 33236–33237Oxibendazole suspension, 33237Air programs:State implementation plans; adequacy status fortransportation conformity purposes—New Jersey, 33305–33306Coastal nonpoint pollution control programs; States andterritories:Minnesota; approval decision, 33281Meetings:Clean Air Act Advisory Committee, 33306Reports and guidance documents; availability, etc.:Biota sediment accumulation factor estimation frompaired observations of chemical concentrations inbiota and sediment, 33306–33307Meetings:FDA clinical trial requirements; industry exchangeworkshop, 33311Food and Nutrition ServicePROPOSED RULESFood distribution programs:Donated foods in child nutrition programs, NutritionServices Incentive Program, and charitableinstitutions; distribution, management, and use,33344–33369Forest ServiceExecutive Office of the PresidentSee Presidential DocumentsNOTICESMeetings:Resource Advisory Committees—Mendocino County, 33279Federal Aviation AdministrationPROPOSED RULESAirworthiness directives:Airbus, 33264–33267Boeing, 33267–33270Bombardier, 33270–33272Fokker, 33260–33262McDonnell Douglas, 33262–33264General Services AdministrationNOTICESFederal Management Regulation:Federal Real Property Profile Summary Report (FMRBulletin-B4), 33308Health and Human Services DepartmentSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Substance Abuse and Mental Health ServicesAdministrationFederal Election CommissionRULESCoordinated and independent expenditures:Coordinated communications, 33190–33211NOTICESNOTICESMeetings; Sunshine Act, 33307–33308Scientific misconduct findings; administrative actions:Leadon, Steven Anthony, Ph.D., 33308–33309Federal Energy Regulatory CommissionHomeland Security DepartmentSee Coast GuardSee Customs and Border Protection BureauSee Transportation Security AdministrationNOTICESHydroelectric applications, 33304–33305Practice and procedure:Combined notice of filings; inclusion of additional typesof filings, 33305Applications, hearings, determinations, etc.:Columbia Gas Transmission Corp., 33302Dauphin Island Gathering Partners, 33302El Paso Natural Gas Co., 33303Florida Gas Transmission Co., 33303Freebird Gas Storage, L.L.C., 33303–33304Gas Transmission Northwest Corp., 33304Federal Highway AdministrationNOTICESjlentini on PROD1PC65 with FRCNNOTICESEnvironmental statements; notice of intent:Stark, Mahoning, and Columbiana Counties, OH, 33332–33333Highway planning and construction; licenses, permits,approvals, etc.:Star Route 46 Corridor Improvement Project, CA, 33333VerDate Aug 31 200518:53 Jun 07, 2006Jkt 208001PO 00000Frm 00002Fmt 4748RULESSupport Anti-Terrorism by Fostering Effective TechnologiesAct of 2005 (SAFETY ACT); implementation, 33147–33168Industry and Security BureauRULESExport administration regulations:Mayrow general trading and related entities; generalorderCorrection, 33211Information Security Oversight OfficeNOTICESMeetings:Public Interest Declassification Board, 33320Interior DepartmentSee Fish and Wildlife ServiceSfmt 4748E:\FR\FM\08JNCN.SGM08JNCN

Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / ContentsSee Land Management BureauSee Surface Mining Reclamation and Enforcement OfficeInternal Revenue ServiceRULESIncome taxes:Stock dispositions; suspension of lossesCorrection, 33239VNOTICESCoastal zone management programs and estuarinesanctuaries:State programs—Minnesota, 33281Marine mammal permit applications, determinations, etc.,33281–33282National Telecommunications and InformationAdministrationPROPOSED RULESIncome taxes:Designated Roth accountsHearing, 33273NOTICESReports and guidance documents; availability, etc.:President’s Spectrum Policy Initiative Spectrum SharingInnovation Test-Bed; technologies and servicesidentification; comment request, 33282–33284NOTICESAgency information collection activities; proposals,submissions, and approvals, 33339–33340Meetings:Taxpayer Advocacy Panels, 33340Navy DepartmentNOTICESInternational Trade AdministrationInventions, Government-owned; availability for licensing,33289NOTICESAntidumping:Fresh garlic from—China, 33279–33280Countervailing duties:Low-enriched uranium from—France, 33280–33281Nuclear Regulatory CommissionRULESFee schedules revision; 90% fee recovery (2006 FY)Correction, 33190NOTICESAgency information collection activities; proposals,submissions, and approvals, 33320–33321Applications, hearings, determinations, etc.:Southern California Edison Co. et al., 33321–33322International Trade CommissionNOTICESMeetings; Sunshine Act, 33314Justice DepartmentSee Antitrust DivisionSee Drug Enforcement AdministrationPresidential DocumentsPROCLAMATIONSSpecial observances:Caribbean-American Heritage Month (Proc. 8028), 33371–33373Labor DepartmentSee Employment and Training AdministrationSee Mine Safety and Health AdministrationRural Business-Cooperative ServiceRULESProgram regulations:Business and industry guaranteed loans; tangible balancesheet equity, 33181–33190Land Management BureauNOTICESAlaska Native Claims Selection:Gana-A’Yoo, Ltd., 33313–33314Oil and gas leases:Texas, 33314Securities and Exchange CommissionNOTICESSelf-regulatory organizations; proposed rule changes:Chicago Board Options Exchange, Inc., 33322–33325National Association of Securities Dealers, Inc., 33325–33326New York Stock Exchange LLC, 33326–33329Philadelphia Stock Exchange, Inc., 33330–33331Mine Safety and Health AdministrationRULESMetal and nonmetal mine safety and health:Underground mines—Diesel particulate matter exposure of miners;correction, 33342Social Security AdministrationNOTICESNational Archives and Records AdministrationSee Information Security Oversight OfficeNational Highway Traffic Safety AdministrationNOTICESMotor vehicle safety standards; exemption petitions, etc.:Yokohama Tire Corp., 33333–33334Agency information collection activities; proposals,submissions, and approvals, 33331Social security rulings and acquiescence rulings:Evaluating tremolite asbestos-related impairments;correction, 33342State Departmentjlentini on PROD1PC65 with FRCNRULESNational Oceanic and Atmospheric AdministrationExchange Visitor Program:Au Pair Exchange Programs, 33237–33239RULESFishery conservation and management:Northeastern United States fisheries—Atlantic sea scallop, 33211–33235VerDate Aug 31 200518:53 Jun 07, 2006Jkt 208001PO 00000NOTICESCommittees; establishment, renewal, termination, etc.:Transformational Diplomacy Advisory Committee, 33332Frm 00003Fmt 4748Sfmt 4748E:\FR\FM\08JNCN.SGM08JNCN

Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / ContentsVITreasury DepartmentSee Alcohol and Tobacco Tax and Trade BureauSee Internal Revenue ServiceSubstance Abuse and Mental Health ServicesAdministrationNOTICESAgency information collection activities; proposals,submissions, and approvals, 33311–33312Veterans Affairs DepartmentSurface Mining Reclamation and Enforcement OfficeAgency information collection activities; proposals,submissions, and approvals, 33340–33341NOTICESRULESPermanent program and abandoned mine land reclamationplan submissions:Missouri, 33243–33249Utah, 33249–33254PROPOSED RULESPermanent program and abandoned mine land reclamationplan submissions:Mississippi, 33273–33277NOTICESRailroad services abandonment:Norfolk Southern Railway Co., 33334Reader AidsConsult the Reader Aids section at the end of this issue forphone numbers, online resources, finding aids, reminders,and notice of recently enacted public laws.Transportation DepartmentSee Federal Aviation AdministrationSee Federal Highway AdministrationSee National Highway Traffic Safety AdministrationSee Surface Transportation BoardTo subscribe to the Federal Register Table of ContentsLISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing listarchives, FEDREGTOC-L, Join or leave the list (or changesettings); then follow the instructions.Transportation Security AdministrationRULESjlentini on PROD1PC65 with FRCNAir cargo security requirementsCorrection, 33254–3325518:53 Jun 07, 2006Jkt 208001PO 00000Part IIAgriculture Department, Food and Nutrition Service,33344–33369Part IIIExecutive Office of the President, Presidential Documents,33371–33373Surface Transportation BoardVerDate Aug 31 2005Separate Parts In This IssueFrm 00004Fmt 4748Sfmt 4748E:\FR\FM\08JNCN.SGM08JNCN

Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / ContentsCFR PARTS AFFECTED IN THIS ISSUEA cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.3 CFRProclamations:8028.333736 CFR25.331477 Proposed Rules:250.3334410 CFR170.33190171.3319011 CFR3319014 CFRProposed Rules:39 (5 documents)109 .33260, 33262, 33264,33267, 3327015 CFR736.33211744.33211902.3321119 CFR101.3323521 CFR520 (2 documents) .33236,3323722 CFR62.3323726 CFR1.33239Proposed Rules:1.3327327 CFR9.3323930 CFR925.33243944.33249Proposed Rules:jlentini on PROD1PC65 with FRLS924.3327336 CFR1151.3325449 CFR1548.3325450 CFR36.33255648.33211VerDate Aug 31 200518:54 Jun 07, 2006Jkt 208001PO 00000Frm 00001Fmt 4711Sfmt 4711E:\FR\FM\08JNLS.LOC08JNLSVII

33147Rules and RegulationsFederal RegisterVol. 71, No. 110Thursday, June 8, 2006This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.DEPARTMENT OF HOMELANDSECURITYOffice of the Secretary6 CFR Part 25[USCG–2003–15425]RIN 1601–AA15Regulations Implementing the SupportAnti-terrorism by Fostering EffectiveTechnologies Act of 2002 (the SAFETYAct)Office of the Secretary,Department of Homeland Security.ACTION: Final rule.cprice-sewell on PROD1PC66 with RULESAGENCY:15:35 Jun 07, 2006Jkt 208001Ifyou have questions on this final rule,contact the Director of the Office ofSAFETY Act Implementation, Scienceand Technology, Department ofHomeland Security, telephone 703–575–4511. If you have questions onviewing or submitting material to thedocket, call Dorothy Beard, Chief,Dockets, Department of Transportation,telephone 202–366–5149.FOR FURTHER INFORMATION CONTACT:SUMMARY: This final rule implementsSubtitle G of Title VIII of the HomelandSecurity Act of 2002—the Support Antiterrorism by Fostering EffectiveTechnologies Act of 2002 (‘‘the SAFETYAct’’ or ‘‘the Act’’), which providescritical incentives for the developmentand deployment of anti-terrorismtechnologies by providing liabilityprotections for providers of ‘‘qualifiedanti-terrorism technologies.’’ Thepurpose of this rule is to facilitate andpromote the development anddeployment of anti-terrorismtechnologies that will save lives. Thefinal rule amends the interim rule toincorporate changes resulting from thecomments.DATES: This final rule is effective July10, 2006.ADDRESSES: You may submit commentsidentified by Coast Guard docketnumber USCG–2003–15425 or RIN1601–AA15, to the Docket ManagementFacility at the Department ofTransportation, by one of the followingmethods:(1) Web Site: http://dms.dot.gov.(2) Mail: Docket Management Facility,U.S. Department of Transportation, 400Seventh Street, SW., Washington, DC20590–0001.VerDate Aug 31 2005(3) Fax: 202–493–2251.(4) Delivery: Room PL–401 on thePlaza level of the Nassif Building, 400Seventh Street, SW., Washington, DC,between 9 a.m. and 5 p.m., Mondaythrough Friday, except Federal holidays.The telephone number is 202–366–9329.(5) Federal eRulemaking portal:http://www.regulations.gov.Instructions: Comments and materialsreceived from the public, as well asdocuments mentioned in this preambleas being available in the docket, are partof docket USCG–2003–15425 and areavailable for inspection or copying fromthe Docket Management Facility, U.S.Department of Transportation, room PL–401, 400 Seventh Street, SW.,Washington, DC, between 9 a.m. and 5p.m., Monday through Friday exceptFederal holidays. You may also find thisdocket on the Internet at http://dms.dot.gov. You may also access theFederal eRulemaking Portal at http://www.regulations.gov.SUPPLEMENTARY INFORMATION:Capitalized terms appearing in thispreamble shall have the meaningsascribed to such terms in § 25.2 of thisfinal rule. This section is organized asfollows:Table of ContentsI. Analysis of the SAFETY ActA. BackgroundB. Statutory and Regulatory History andAnalysisC. Government Contractor DefenseD. Exclusive Federal Jurisdiction andScope of Insurance CoverageE. Relationship of the SAFETY Act toIndemnification Under Public Law 85–804II. Discussion of Changes and CommentsA. Confidentiality of InformationB. Application Preparation BurdenC. Certifying ‘‘accuracy and completeness’’D. Conditions on DesignationsE. Significant Modification to a QualifiedAnti-TerrorismTechnologyPO 00000Frm 00001Fmt 4700Sfmt 4700F. Exclusive Responsibility for GovernmentContractor Defense, Definitions of Fraudand Willful MisconductG. Definition of an ‘‘Act of Terrorism’’H. Retroactive DesignationI. Bias Toward Product-Based AntiTerrorism TechnologiesJ. Scope of Insurance CoverageK. Interactions With Public Law 85–804L. Prioritization of EvaluationsM. StandardsN. Expiration of DesignationsO. Appeal/Review of Decisions RegardingSAFETY Act ApplicationsP. Coordination With GovernmentProcurementsQ. Pre-Application ConsultationsR. Developmental Test & EvaluationDesignationsS. Seller’s Continuing Obligations WithRespect to Maintaining InsuranceT. Block Designations and BlockCertificationsU. Reciprocal WaiversV. Deference Due to Other Federal or StateRegulatory or Procurement OfficialsIII. Regulatory RequirementsA. Executive Order 12866B. Regulatory Flexibility ActC. Unfunded Mandates Reform Act of 1995D. Executive Order 13132—FederalismE. Paperwork Reduction ActI. Analysis of the SAFETY ActA. BackgroundCongress was clear, both in the text ofthe SAFETY Act and in the Act’slegislative history, that the SAFETY Actcan and should be a critical tool inexpanding the creation, proliferationand use of anti-terrorism technologies.On July 11, 2003, the Department ofHomeland Security (‘‘DHS’’) publishedits first proposed rules forimplementation of the SAFETY Act(Notice of Proposed Rulemaking entitled‘‘Regulations Implementing the SupportAnti-terrorism by Fostering EffectiveTechnologies Act of 2002 (the SAFETYAct)’’ (68 FR 41420), laying out itsfundamental interpretive approach tothe Act and requesting comment. OnOctober 16, 2003, an interim rulegoverning implementation of theSAFETY Act was promulgated makingcertain changes to the proposed rulesbut again embracing many of thefundamental interpretive approachesproposed several months earlier (68 FR59684). Subsequently, the Departmentpublished detailed proceduralmechanisms for implementation of theAct and announced additional detailsrelating to the process for filing andadjudicating applications.E:\FR\FM\08JNR1.SGM08JNR1

cprice-sewell on PROD1PC66 with RULES33148Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and RegulationsThe SAFETY Act program is now inits third year, and the Department hasa substantial record of programperformance to evaluate. While theDepartment concludes that theDepartment’s core legal interpretationsof the Act’s provisions arefundamentally sound, experience inadministering the program hasdemonstrated that certain of theprocedural processes built to administerthe Act can be improved. Shortly afterbeing sworn in, Secretary of HomelandSecurity Michael Chertoff stated: ‘‘Thereis more opportunity, much moreopportunity, to take advantage of thisimportant law, and we are going to dothat.’’ In the past year, the Departmenthas instituted process improvementswhich have yielded positive initialresults. In the first sixteen months of theSAFETY Act program, from October2003 to February 2005, six technologieswere designated Qualified AntiTerrorism Technologies under theSAFETY Act. By contrast, since March2005, 68 additional technologies havereceived SAFETY Act protections. Thisis a greater than ten-fold increase inSAFETY Act approvals in the past 14months. In addition, the Department hasinstituted a program to run SAFETY Actreviews in parallel with key antiterrorism procurement processes.Despite these recent improvements,further changes to Department rules andprocesses are necessary to ensure thatthe program achieves the results thatCongress intended. With this final rule,the Department:1. Further clarifies the liabilityprotections available under the SAFETYAct;2. States with greater specificity thoseproducts and services that are eligiblefor Designation as a Qualified AntiTerrorism Technology;3. Clarifies the Department’s efforts toprotect the confidential information,intellectual property, and trade secretsof SAFETY Act applicants;4. Articulates the Department’sintention to extend SAFETY Actliability protections to well-definedcategories of anti-terrorism technologiesby issuing ‘‘Block Designations’’ and‘‘Block Certifications;’’5. Discusses appropriate coordinationof SAFETY Act consideration of antiterrorism technologies with governmentprocurement processes; and6. Takes other actions necessary tostreamline processes, add flexibility forapplicants, and clarify protectionsafforded by the SAFETY Act.While this rule is indeed final, theDepartment remains committed tomaking future changes to theimplementing regulation or to anyVerDate Aug 31 200515:35 Jun 07, 2006Jkt 208001element of the program that interfereswith the purposes of the SAFETY Act.To that end, the Department seeksfurther comment on the specific issuesidentified herein.Section I of this preamble reviews theDepartment’s longstanding legalinterpretation of the SAFETY Act’sprovisions and reviews the Act’sstatutory and regulatory history. SectionII addresses regulatory changes andoutlines additional improvements inSAFETY Act processes and proceduresthat the Department will implement inthe coming months that will improveadministration of the Act. Section IIIaddresses this rule’s compliance withother regulatory requirements.B. Statutory and Regulatory History andAnalysisAs part of the Homeland Security Actof 2002, Public Law 107–296, Congressenacted liability protections forproviders of certain anti-terrorismtechnologies. The SAFETY Act providesincentives for the development anddeployment of anti-terrorismtechnologies by creating a system of‘‘risk management’’ and a system of‘‘litigation management.’’ The purposeof the Act is to ensure that the threat ofliability does not deter potentialmanufacturers or sellers of antiterrorism technologies from developing,deploying, and commercializingtechnologies that could save lives. TheAct thus creates certain liabilitylimitations for ‘‘claims arising out of,relating to, or resulting from an act ofterrorism’’ where Qualified AntiTerrorism Technologies (as such term isdefined in 6 CFR 25.2) have beendeployed.Together, the risk and litigationmanagement provisions provide thefollowing protections: Exclusive jurisdiction in Federalcourt for suits against the sellers of‘‘Qualified Anti-TerrorismTechnologies’’ (§ 863(a)(2)); A limitation on the liability ofsellers of Qualified Anti-TerrorismTechnologies to an amount of liabilityinsurance coverage specified for eachQualified Anti-Te

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