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67420 Federal Register / Vol. 71, No.

224 / Tuesday, November 21, 2006 / Notices

proposal to be effective and operative without change; the Commission does comments received, go to http://
upon filing with the Commission.19 not edit personal identifying dms.dot.gov at any time or to Room 401
At any time within 60 days of the information from submissions. You on the plaza level of the Nassif Building,
filing of the proposed rule change, the should submit only information that 400 Seventh Street, SW., Washington,
Commission may summarily abrogate you wish to make available publicly. All DC, 20590, between 9 a.m. and 5p.m.,
such rule change if it appears to the submissions should refer to File Monday through Friday, except Federal
Commission that such action is Number SR–Phlx–2006–73 and should holidays.
necessary or appropriate in the public be submitted on or before December 12, FOR FURTHER INFORMATION CONTACT:
interest, for the protection of investors, 2006. Michael Koontz, 202–366–2076, or
or otherwise in furtherance of the For the Commission, by the Division of Robert Kafalenos, 202–366–2079, Office
purposes of the Act.20 Market Regulation, pursuant to delegated of Natural and Human Environment,
IV. Solicitation of Comments authority.21 Federal Highway Administration,
Nancy M. Morris, Department of Transportation, 400
Interested persons are invited to
submit written data, views, and
Secretary. Seventh Street, SW., Washington, DC,
arguments concerning the foregoing, [FR Doc. E6–19623 Filed 11–20–06; 8:45 am] 20590. Office hours are from 8 a.m. to
including whether the proposed rule BILLING CODE 8011–01–P 5 p.m., Monday through Friday, except
change is consistent with the Act. Federal holidays.
Comments may be submitted by any of SUPPLEMENTARY INFORMATION:
the following methods: DEPARTMENT OF TRANSPORTATION Title: Annual Reporting for the
4910–22–P Congestion Mitigation and Air Quality
Electronic Comments Improvement (CMAQ) Program.
• Use the Commission’s Internet Federal Highway Administration Background: Section 1808 of the Safe,
comment form (http://www.sec.gov/ [Docket No. FHWA–2006–26363] Accountable, Flexible, Efficient
rules/sro.shtml); or Transportation Equity.
• Send an e-mail to rule- Agency Information Collection Act: A Legacy for Users of 2005
comments@sec.gov. Please include File Activities: Request for Comments for a (SAFETEA–LU) calls for an Evaluation
Number SR–Phlx–2006–73 on the New Information Collection and Assessment of CMAQ Projects. The
subject line. statute calls for the identification and
AGENCY: Federal Highway analysis of a representative sample of
Paper Comments Administration (FHWA), Department of CMAQ projects and the development
• Send paper comments in triplicate Transportation (DOT).
and population of a database that
to Nancy M. Morris, Secretary, ACTION: Notice and request for describes the impacts of the program
Securities and Exchange Commission, comments. both on traffic congestion levels and air
100 F Street, NE., Washington, DC quality. To establish and maintain this
SUMMARY: The FHWA invites public
20549–1090. database, the FHWA is requesting States
comments about our intention to request
All submissions should refer to File the Office of Management and Budget’s to submit annual reports on their CMAQ
Number SR–Phlx–2006–73. This file (OMB) approval for a new information investments that cover projected air
number should be included on the collection, which is summarized below quality benefits, financial information, a
subject line if e-mail is used. To help the under Supplementary Information. We brief description of projects, and several
Commission process and review your are required to publish this notice in the other factors outlined in the Interim
comments more efficiently, please use Federal Register by the Paperwork Program Guidance for the CMAQ
only one method. The Commission will Reduction Act of 1995. program. States are requested to provide
post all comments on the Commission’s the end of year summary reports via the
DATES: Please submit comments by
Internet Web site (http://www.sec.gov/ automated system provided through
January 22, 2007.
rules/sro.shtml). Copies of the FHWA by the first day of February of
ADDRESSES: You may submit comments
submission, all subsequent each year, covering the prior Federal
amendments, all written statements identified by DOT DMS Docket Number
FHWA–2006–26363 by any of the fiscal year.
with respect to the proposed rule Respondents: 51; each State DOT, and
change that are filed with the following methods:
• Web site: http://dms.dot.gov. Washington DC.
Commission, and all written Frequency: Annually.
Follow the instructions for submitting
communications relating to the Estimated Average Burden per
comments on the DOT electronic docket
proposed rule change between the site. Response: 6 hours per annual report.
Commission and any person, other than • Fax: 1–202–493–2251 Estimated Total Annual Burden
those that may be withheld from the • Mail: Docket Management Facility; Hours: 306 hours.
public in accordance with the U.S. Department of Transportation, 400 Public Comments Invited: You are
provisions of 5 U.S.C. 552, will be Seventh Street, SW., Nassif Building, asked to comment on any aspect of this
available for inspection and copying in Room PL–401, Washington, DC, 20590– information collection, including: (1)
the Commission’s Public Reference 0001. Whether the proposed collection is
Room. Copies of the filing also will be • Hand Delivery: Room PL–401 on necessary for the FHWA’s performance;
available for inspection and copying at the plaza level of the Nassif Building, (2) the accuracy of the estimated
the principal office of the Phlx. All 400 Seventh Street, S.W., Washington, burdens; (3) ways for the FHWA to
comments received will be posted DC, 20590–0001 between 9 a.m. and 5 enhance the quality, usefulness, and
p.m., Monday through Friday, except clarity of the collected information; and
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19 For the purposess only of accelerating the


Federal holidays. (4) ways that the burden could be
operative date of this proposal, the Commission has minimized, including the use of
considered the proposed rule’s impact on
Docket: For access to the docket to
efficiency, competition, and capital formation. 15 read background documents or electronic technology, without reducing
U.S.C. 78c(f). the quality of the collected information.
20 See 15 U.S.C. 78s(b)(3)(C). 21 17 CFR 200.30–3(a)(12). The agency will summarize and/or

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Federal Register / Vol. 71, No. 224 / Tuesday, November 21, 2006 / Notices 67421

include your comments in the request You also may contact Mr. W. Michael 1966, 49 U.S.C. 303 and 23 U.S.C. 138;
for OMB’s clearance of this information Ligibel, Ohio Department of Landscaping and Scenic Enhancement
collection. Transportation, 317 East Poe Road, (Wildflowers), 23 U.S.C. 319.
Authority: The Paperwork Reduction Act Bowling Green, Ohio 43402; telephone: 4. Wildlife: Endangered Species Act
of 1995; 44 U.S.C. Chapter 35, as amended; (419) 353–8131. [16 U.S.C. 1531–1544 and 1536], Fish
and 49 CFR 1.48. SUPPLEMENTARY INFORMATION: Notice is and Wildlife Coordination [16 U.S.C.
Issued on: November 15, 2006. hereby given that the FHWA has issued 661–667(d)], Migratory Bird Treaty Act
James R. Kabel, a Record of Decision (ROD) for the [16 U.S.C. 703–712].
Chief, Management Programs and Analysis following highway project in the State
of Ohio: U.S. Route 24, from U.S. Route 5. Wetlands and Water Resources:
Division.
6 near the City of Napoleon in Henry Land and Water Conservation Fund
[FR Doc. E6–19683 Filed 11–20–06; 8:45 am]
County to west of Interstate Route 475 (LWCF), 16 U.S.C. 4601–4604; Safe
BILLING CODE 4910–22–P
near the City of Toledo in Lucas County. Drinking Water Act (SDWA), 42 U.S.C.
The project will be a 21.8 mile long, 300(f)–300(j)(6); Wild and Scenic Rivers
DEPARTMENT OF TRANSPORTATION four-lane divided limited access Act, 16 U.S.C. 1271–1287; Emergency
highway on new alignment. It will begin Wetlands Resources Act, 16 U.S.C.
Federal Highway Administration east of the existing Napoleon bypass. It 3921, 3931; TEA–21 Wetlands
will then proceed in an easterly and Mitigation, 23 U.S.C. 103(b)(6)(m),
Notice of Federal Agency Actions on northeasterly direction passing to the 133(b)(11); Flood Disaster Protection
Proposed Transportation Project in south of the community of Liberty Act, 42 U.S.C. 4001–4128.
Ohio Center and staying north of the existing 6. Historic and Cultural Resources:
AGENCY: Federal Highway U.S. Route 24, and west and north of the Section 106 of the National Historic
Administration (FHWA), DOT. Village of Waterville. The improvements Preservation Act of 1966, as amended,
ACTION: Notice of Limitation on Claims will end at the existing 4-lane divided 16 U.S.C. 470(f) et seq.; Archeological
for Judicial Review of Actions by FHWA section of U.S. Route 24 southwest of Resources Protection Act of 1977 [16
and Other Federal Agencies. the existing U.S. Route 24 and Stitt U.S.C. 470 (aa)–11]; Archeological and
Road interchange. The actions by the Historical Preservation Act [16 U.S.C.
SUMMARY: This notice announces actions Federal agencies, and the laws under
469–469(c)]; Native American Grave
taken by the FHWA and other Federal which such actions were taken, are Protection and Repatriation Act
Agencies that are final within the described in the Draft Environmental (NAGPRA) [25 U.S.C. 3001–3013].
meaning of 23 U.S.C. 139(l)(1). The Impact Statement (DEIS) for the project,
actions relate to a proposed highway approved on September 8, 2004, in the 7. Social and Economic: Civil Rights
project, U.S. Route 24, from U.S. Route Final Environmental Impact Statement Act of 1964 [42 U.S.C. 2000(d)–
6 near the City of Napoleon in Henry (FEIS) for the project, approved on 2000(d)(1)]; American Indian Religious
County to just west of Interstate Route March 31, 2006, in the FHWA Record of Freedom Act [42 U.S.C. 1996]; Farmland
475 near the City of Toledo in Lucas Decision (ROD) issued on September 15, Protection Policy Act (FPPA) [7 U.S.C.
County in the State of Ohio. The Federal 2006, and in other documents in the 4201–4209].
actions, taken as a result of an FHWA administrative record. The DEIS, 8. Executive Orders: E.O. 11990
environmental review process under the FEIS, ROD, and other documents in the Protection of Wetlands; E.O. 11988
National Environmental Policy Act, 42 FHWA administrative record file are Floodplain Management; E.O. 12898,
U.S.C. 4321–4351 (NEPA), determined available by contacting the FHWA or the Federal Actions to Address
certain issues relating to the proposed Ohio Department of Transportation at Environmental Justice in Minority
project. Those actions grant licenses, the addresses provided above. The Populations and Low Income
permits, and approvals for the project. FHWA DEIS, FEIS, and ROD can be Populations; E.O. 11593 Protection and
DATES: By this notice, the FHWA is viewed at the Toledo-Lucas County Enhancement of Cultural Resources;
advising the public that it has made Public Library-Maumee Branch, Toledo- E.O. 13007 Indian Sacred Sites; E.O.
decisions that are subject to 23 U.S.C. Lucas County Public Library-Main 13287 Preserve America; E.O. 13175
139(l)(1) and are final within the Branch, Liberty Center Public Library, Consultation and Coordination with
meaning of that law. A claim seeking Napoleon Public Library, Toledo-Lucas Indian Tribal Governments; E.O. 11514
judicial review of the Federal agency County Public Library, Toledo Protection and Enhancement of
decisions on the proposed highway Metropolitan Area Council of Environmental Quality; E.O. 13112
project will be barred unless the claim Governments, Henry County Engineer’s Invasive Species.
is filed on or before May 21, 2007. If the Office, Lucas County Engineer’s Office,
Federal law that authorizes judicial and the ODOT District Two Office. (Catalog of Federal Domestic Assistance
review of a claim provides a time period This notice applies to all Federal Program Number 20.205, Highway Planning
of less than 180 days for filing such agency decisions that are final within and Construction. The regulations
claim, then that shorter time period still the meaning of 23 U.S.C. 139(l)(1) as of implementing Executive Order 12372
applies. the issuance date of this notice and all regarding intergovernmental consultation on
FOR FURTHER INFORMATION CONTACT: For laws under which such actions were Federal programs and activities apply to this
FHWA: Mr. Mark L. Vonder Embse, taken, including but not limited to: program.)
P.E., Senior Transportation Engineer, 1. General: National Environmental Authority : 23 U.S.C. 139(l)(1).
Federal Highway Administration, 200 Policy Act (NEPA), 42 U.S.C. 4321– Issued on: October 30, 2006.
North High Street, Columbus, Ohio, 4351; Federal-Aid Highway Act, 23
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43215; e-mail: U.S.C. 109 and 23 U.S.C. 128. Patrick A. Bauer,


mark.vonderembse@fhwa.dot.gov; 2. Air: Clean Air Act, 42 U.S.C. 7401– Assistant Division Administrator, Columbus,
telephone: (614) 280–6854; FHWA Ohio 7671(q). Ohio.
Division Office’s normal business hours 3. Land: Section 4(f) of the [FR Doc. E6–19632 Filed 11–20–06; 8:45 am]
are 8 a.m. to 4:30 p.m. (eastern time). Department of Transportation Act of BILLING CODE 4910–22–P

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