52464 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

15CFR 200.30–3(a)(12). 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–PCX–2005–92 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

No. SR–PCX–2005–92. 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. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the Exchange. 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 No. 

SR–PCX–2005–92 and should be 

submitted on or before September 23, 

2005. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.15

Margaret H. McFarland, 

Deputy Secretary. 

[FR Doc. E5–4827 Filed 9–1–05; 8:45 am] 

BILLING CODE 8010–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

2005 Reallocation of the Tariff-Rate 

Quota for Raw Cane Sugar 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) is 

providing notice of the country-bycountry reallocations of the FY 05 inquota quantity increase of the tariff-rate 

quotas for imported raw cane sugar. 

DATES: Effective Date: September 2, 

2005. 

ADDRESSES: Inquiries may be mailed or 

delivered to Elizabeth Leier, Director of 

Agricultural Trade Policy, Office of 

Agricultural Affairs, Office of the United 

States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Leier, Office of Agricultural 

Affairs, 202–395–6127. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Additional U.S. Note 5 to chapter 17 

of the Harmonized Tariff Schedule of 

the United States (HTS), the United 

States maintains tariff-rate quotas for 

imports of raw cane and refined sugar. 

Section 404(d)(3) of the Uruguay 

Round Agreements Act (19 U.S.C. 

3601(d)(3)) authorizes the President to 

allocate the in-quota quantity of a tariffrate quota for any agricultural product 

among supplying countries or customs 

areas. The President delegated this 

authority to the United States Trade 

Representative under Presidential 

Proclamation 6763 (60 FR 1007). 

The in-quota quantity increase of the 

tariff-rate quota for raw cane sugar for 

the remainder of FY 05 (ending 

September 30, 2005) has been 

established by the Secretary of 

Agriculture at 76,609 metric tons, raw 

value (84,447 short tons). In addition, I 

have determined to reallocate 53,409 

metric tons from countries that have 

stated they will be unable to fill the FY 

2005 quota. The total quantity of 

130,018 metric tons raw value is being 

allocated to the following countries: 

Country FY 2005 

Reallocation 

Argentina .............................. 8,890 

Australia ................................ 17,159 

Belize .................................... 2,274 

Bolivia ................................... 1,654 

Brazil ..................................... 29,977 

Colombia ............................... 4,962 

Dominican Republic .............. 1,220 

Ecuador ................................ 2,274 

El Salvador ........................... 5,375 

Fiji ......................................... 1,861 

Country FY 2005 

Reallocation 

Guatemala ............................ 9,923 

Guyana ................................. 2,481 

Honduras .............................. 2,067 

Mauritius ............................... 2,481 

Mozambique ......................... 2,688 

Nicaragua ............................. 4,342 

Panama ................................ 5,995 

Peru ...................................... 8,476 

South Africa .......................... 4,755 

Swaziland ............................. 3,308 

Taiwan .................................. 2,481 

Thailand ................................ 2,894 

Zimbabwe ............................. 2,481 

These allocations are based on the 

countries’ historical shipments to the 

United States. The allocations of the raw 

cane sugar tariff-rate quota to countries 

that are net importers of sugar are 

conditioned on receipt of the 

appropriate verifications of origin. 

Conversion factor: 1 metric ton = 

1.10231125 short tons. 

Rob Portman, 

United States Trade Representative. 

[FR Doc. 05–17544 Filed 9–1–05; 8:45 am] 

BILLING CODE 3190–W5–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Colfax and Dodge Counties, NE 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

Environmental Impact Statement will be 

prepared for a proposed highway project 

in Colfax and Dodge Counties, 

Nebraska. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Kosola, Realty/Environmental 

Officer, FHWA, Federal Building, Room 

220, 100 Centennial Mall North, 

Lincoln, Nebraska 68508–3851, (402) 

437–5765. Mr. Arthur Yonkey, Planning 

and Project Development Engineer, 

Nebraska Department of Roads, Box 

94759, 1500 Highway 2, Lincoln, 

Nebraska 68509, (402) 479–4795. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Nebraska Department of Roads, will 

prepare an Environmental Impact 

Statement (EIS) for a proposal to 

improve Highway US–30 in east-central 

Nebraska in Colfax and Dodge Counties. 

The proposed improvements to US–30 

will provide a four-lane highway 

between Schuyler and Fremont, 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52465 

Nebraska, for a distance of about 30 

miles. Existing US–30 is a two-lane 

rural highway generally serving eastwest vehicle traffic. Alternatives under 

consideration include: (1) Taking no 

action; (2) reconstruction of US–30 on 

existing alignment; and (3) providing a 

four-lane highway on new alignment. 

A conflict resolution effort has been 

initiated to help resolve issues 

surrounding potential roadway 

alignments. An Advisory Panel made up 

of stakeholders has been formed to 

advise the decision-making authorities. 

Local citizen input is provided for 

through contact with panel 

representatives, or agency contacts. 

Agency scoping and a public scoping/ 

information meetings were held 

previously during preparation of an 

Environmental Assessment (EA) for this 

project. A Draft EIS will be prepared 

and a public hearing will be held. 

Public notice will be given for any 

additional information meetings and the 

public hearing. 

To ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the EIS should be 

directed to the FHWA or the Nebraska 

Department of Roads at the address 

provided. 

(Catalog of Federal Domestic Assistance 

Project Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Dated: August 26, 2005. 

Edward W. Kosola, 

Realty/Environmental Officer, Nebraska 

Division, Federal Highway Administration, 

Lincoln, Nebraska. 

[FR Doc. 05–17527 Filed 9–1–05; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2005–20721] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt four individuals 

from its rule prohibiting persons with 

insulin-treated diabetes mellitus (ITDM) 

from operating commercial motor 

vehicles (CMVs) in interstate commerce. 

The exemptions will enable these 

individuals to qualify as drivers of 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

September 2, 2005. The exemptions 

expire on September 3, 2007. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Office of Bus and 

Truck Standards and Operations, (202) 

366–4001, FMCSA, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

Office hours are from 8 a.m. to 5 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Document Management 

System (DMS) at: http://dmses.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov and/or 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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or of the person signing 

the comment, if submitted on behalf of 

an association, business, labor union, or 

other entity). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://dms.dot.gov. 

Background 

Authority To Grant Exemptions 

Section 4007 of the Transportation 

Equity Act for the 21st Century (Pub. L. 

105–178, 112 Stat. 107, June 9, 1998) 

amended 49 U.S.C. 31315 and 31136(e) 

to provide FMCSA with authority to 

grant exemptions from its safety 

regulations. On December 8, 1998, the 

Federal Highway Administration’s 

Office of Motor Carriers, the predecessor 

to FMCSA, published an interim final 

rule implementing section 4007 (63 FR 

67600). On August 20, 2004, FMCSA 

published a Final Rule (69 FR 51589) on 

this subject. By this rule, FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

part 381). 

The agency must provide the public 

with an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The agency must also 

provide an opportunity for public 

comment on the request. 

The agency must then examine the 

safety analyses and the public 

comments, and determine whether the 

exemption would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with the current regulation 

(49 CFR 381.305). The Agency’s 

decision must be published in the 

Federal Register (49 CFR 381.315(b)). If 

the agency denies the request, it must 

state the reason for doing so. If the 

decision is to grant the exemption, the 

notice must specify the person or class 

of persons receiving the exemption, and 

the regulatory provision or provisions 

from which an exemption is being 

granted. The notice must also specify 

the effective period of the exemption 

(up to two years), and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Establishment of FMCSA’s Diabetes 

Exemption Program 

FMCSA published a notice of intent 

to issue exemptions to drivers with 

ITDM on July 31, 2001 (66 FR 39548). 

On September 3, 2003, the agency 

published a notice of final disposition 

announcing its decision to issue 

exemptions to certain insulin-using 

diabetic drivers of CMVs from the 

diabetes mellitus prohibition under 49 

CFR 391.41(b)(3). [68 FR 5241] The 

notice of final disposition explained 

that in considering exemptions, FMCSA 

must ensure that the issuance of 

diabetes exemptions will not be 

contrary to the public interest and that 

the exemption achieves an acceptable 

level of safety. The agency indicated it 

will only grant exemptions to insulinusing diabetic drivers that meet the 

eligibility criteria provided in its notice 

of final disposition. 

Because FMCSA established 

eligibility criteria for use in determining 

whether the granting of a diabetes 

exemption would achieve the requisite 

level of safety, the agency only 

publishes for public comment, the 

names of exemption applicants that 

satisfy the eligibility requirements, 

based upon the information provided by 

the applicant. Applicants that do not 

meet the requirements are notified by 

letter that their applications are denied 

and the agency periodically publishes 

the names of those individuals to satisfy 

the statutory requirement for disclosing 

such information to the public. 

On May 5, 2005, FMCSA published a 

notice of receipt of diabetes exemption 

applications from five individuals, and 

requested comments from the public (70