Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65871 

consent to the shortened procedure, the 

Commission will assign the proceeding 

for hearing as provided by subpart E of 

part 385 of this chapter. 

Notwithstanding a person’s not giving 

consent to the shortened procedure, and 

instead seeking assignment for hearing 

as provided for by subpart E of part 385 

of this chapter, the Commission will not 

assign the proceeding for a hearing 

when no material facts are in dispute. 

The Commission may also, in its 

discretion, at any stage in the 

proceeding, set the proceeding for 

hearing. 

10. Part 349 is added to Subchapter P 

to read as follows: 

PART 349—DISPOSITION OF 

CONTESTED AUDIT FINDINGS AND 

PROPOSED REMEDIES 

Sec. 

349.1 Notice to audited person. 

349.2 Response to notification. 

349.3 Shortened procedure. 

349.4 Form and style. 

349.5 Verification. 

349.6 Determination. 

349.7 Assignment for oral hearing. 

Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 

60502; 49 App. U.S.C. 1–85. 

§ 349.1 Notice to audited person. 

An audit conducted by the 

Commission or its staff under authority 

of the Interstate Commerce Act may 

result in a notice of deficiency or audit 

report or similar document containing a 

finding or findings that the audited 

person has not complied with a 

requirement of the Commission with 

respect to, but not limited to, the 

following: A filed tariff or tariffs, 

contracts, data, records, accounts, 

books, communications or papers 

relevant to the audit of the audited 

person; matters under the Standards of 

Conduct or the Code of Conduct; and 

the activities or operations of the 

audited person. The notice of 

deficiency, audit report or similar 

document may also contain one or more 

proposed remedies that address findings 

of noncompliance. Where such findings, 

with or without proposed remedies, 

appear in a notice of deficiency, audit 

report or similar document, such 

document shall be provided to the 

audited person, and the finding or 

findings, and any proposed remedies, 

shall be noted and explained. The 

audited person shall timely indicate in 

a written response any and all findings, 

including any and all proposed 

remedies, with which the audited 

person disagrees. Any initial order that 

the Commission subsequently may issue 

with respect to the notice of deficiency, 

audit report or similar document shall 

note, but not address on the merits, the 

finding or findings and any proposed 

remedies with which the audited person 

disagreed. The Commission shall 

provide the audited person a specified 

number of days to respond with respect 

to the finding or findings and any 

proposed remedies with which it 

disagreed. 

§ 349.2 Response to notification. 

Upon issuance of a Commission order 

that notes a finding or findings, with or 

without proposed remedies, with which 

the audited person has disagreed, the 

audited person may: Acquiesce in the 

findings and proposed remedies by not 

timely responding to the Commission 

order, in which case the Commission 

may issue an order approving them or 

taking other action; or challenge the 

finding or findings and any proposed 

remedies with which it disagreed by 

timely notifying the Commission in 

writing that it requests Commission 

review by means of a shortened 

procedure, or, if there are material facts 

in dispute which require crossexamination, a trial-type hearing. 

§ 349.3 Shortened procedure. 

If the audited person subject to a 

Commission order described in § 349.1 

above notifies the Commission that it 

seeks to challenge one or more audit 

findings, with or without proposed 

remedies, by the shortened procedure, 

the Commission shall thereupon issue a 

notice setting a schedule for the filing of 

memoranda. The person electing the use 

of the shortened procedure, and any 

other interested entities, including the 

Commission staff, shall file, by the date 

specified by the Commission in the 

notice, an initial memorandum that 

addresses the relevant facts and 

applicable law that support the position 

or positions taken regarding the matters 

at issue. In the notice, the Commission 

shall also set a date for the filing of 

reply memoranda, which may be filed 

only by participants that filed initial 

memoranda. Subpart T of Part 385 of the 

Commission’s regulations shall apply to 

all filings. A person that consents to the 

matter being handled pursuant to the 

shortened procedure has waived any 

right to subsequently request a hearing 

pursuant to § 349.7 and may not later 

request such a hearing. 

§ 349.4 Form and style. 

Each copy of such memorandum must 

be complete in itself. All pertinent data 

should be set forth fully, and each 

memorandum should set out the facts 

and argument as prescribed for briefs in 

§ 385.706 of this chapter. 

§ 349.5 Verification. 

The facts stated in the memorandum 

must be sworn to by persons having 

knowledge thereof, which latter fact 

must affirmatively appear in the 

affidavit. Except under unusual 

circumstances, such persons should be 

those who would appear as witnesses if 

hearing were had to testify as to the 

facts stated in the memorandum. 

§ 349.6 Determination. 

If no formal hearing is had the matter 

in issue will be determined by the 

Commission on the basis of the facts 

and arguments submitted. 

§ 349.7 Assignment for oral hearing. 

Except when there are no material 

facts in dispute, when a person does not 

consent to the shortened procedure, the 

Commission will assign the proceeding 

for hearing as provided by subpart E of 

part 385 of this chapter. 

Notwithstanding a person’s not giving 

consent to the shortened procedure, and 

instead seeking assignment for hearing 

as provided for by subpart E of part 385 

of this chapter, the Commission will not 

assign the proceeding for a hearing 

when no material facts are in dispute. 

The Commission may also, in its 

discretion, at any stage in the 

proceeding, set the proceeding for 

hearing. 

[FR Doc. 05–21422 Filed 10–31–05; 8:45 am] 

BILLING CODE 6717–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 411 

Additional Town Hall Meetings on the 

Notice of Proposed Rulemaking for the 

Ticket to Work and Self-Sufficiency 

Program 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of public town hall 

meetings. 

SUMMARY: We will be holding a series of 

town hall meetings to maximize the 

opportunities for individuals and 

organizations to give us input on our 

Notice of Proposed Rulemaking (NPRM) 

to amend our regulations for the Ticket 

to Work and Self-Sufficiency Program 

(Ticket to Work program). We invite the 

public, including beneficiaries and 

other individuals with disabilities, their 

advocates, service providers, employers 

and other interested parties to attend 

these public meetings and to give us 

input on our proposed changes to the 

rules for the Ticket to Work program. 

65872 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 

We are announcing the scheduling of 

three additional town hall meetings. 

DATES: We will hold three additional 

public town hall meetings on November 

16, 2005 in Miami, Florida, December 6, 

2005 in Hartford, Connecticut and 

December 14, 2005 in Des Moines, Iowa 

at 9 a.m. and ending at 12 p.m. 

ADDRESSES: The locations of the town 

hall meetings are: 

November 16, 2005. Sheraton Miami 

Mart Hotel, 711 NW 72nd Avenue, 

Miami, Florida 33126, Telephone: 

(305) 261–3800, Fax: (305) 261–7665, 

Web Site: http:// 

www.starwoodhotels.com/sheraton/ 

search/ 

hotel_detail.html?propertyID=1532. 

December 6, 2005. Hilton Garden Inn, 

Hartford North/Bradley International 

Airport, 555 Corporate Drive, 

Windsor, Connecticut 06095, 

Telephone: (860) 688–6400, Fax: (860) 

688–5700, Web Site: http:// 

www.windsor.gardeninn.com. 

December 14, 2005. Des Moines Marriott 

Downtown, 700 Grand Avenue, Des 

Moines, Iowa 50309, Telephone: 1–

515–245–5500, Fax: 1–515–245–5567, 

Toll Free Telephone: 1–800–514–

4681, Web Site: http://marriott.com/ 

property/propertypage/DSMIA. 

FOR FURTHER INFORMATION CONTACT: For 

information about these town hall 

meetings contact, Paul Kryglik by 

telephone (410) 965–3735 or TTY (410) 

966–5609, or by e-mail to 

paul.kryglik@ssa.gov. You may also mail 

inquiries about these meetings to Paul 

Kryglik, Outreach Coordinator, ODISP, 

Office of Regulations, Social Security 

Administration, 107 Altmeyer, 6401 

Security Boulevard, Baltimore, MD 

21235–6401. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 30, 2005, we published 

an NPRM in the Federal Register (70 FR 

57222) to amend our current rules for 

the Ticket to Work program to improve 

the overall effectiveness of the program 

in assisting beneficiaries to maximize 

their economic self-sufficiency through 

work opportunities. We provided a 90- 

day period for interested parties to 

comment. The 90-day comment period 

ends December 29, 2005. For 

information on how to give us written 

comments on the NPRM or read the 

comments we receive, see ADDRESSES

section of the NPRM, or ‘‘How do I 

provide comments if I do not go to a 

town hall meeting?’’ section later in this 

notice. You may also give us comments 

orally or in writing at any of the town 

hall meetings, as explained in this 

notice. 

You may read the NPRM for the 

Ticket to Work program online. The 

NPRM is available on the Internet site 

for the Government Printing Office at 

http://www.gpoaccess.gov/fr/ 

index.html. The NPRM is also available 

on the Internet site for SSA (i.e., Social 

Security Online) at http:// 

policy.ssa.gov/pnpublic.nsf/LawsRegs. 

What Is the Purpose of the Town Hall 

Meetings? 

As contemplated in the NPRM for the 

Ticket to Work program, we are 

conducting a series of town hall 

meetings open to the public in order to 

obtain additional input on our proposed 

changes to the current rules for the 

program. We are holding these town 

hall meetings to maximize public 

awareness of our proposed rules for the 

Ticket to Work program and to 

maximize the opportunity for 

beneficiaries and other individuals with 

disabilities, their advocates, service 

providers, employers and other 

interested parties to provide us input on 

our proposed changes to the program. 

We invite you and other interested 

persons to come to any of the town hall 

meetings to give us oral and/or written 

comments on the NPRM for the Ticket 

to Work program. 

What Are the Agenda and Format for 

the Town Hall Meetings? 

The full agenda for the meetings, as 

soon as available, will be posted on the 

Internet on the ‘‘Work Site’’ of SSA’s 

Office of Employment Support 

Programs, at http:// 

www.socialsecurity.gov/work. In 

general, the agenda and format for the 

meetings will be as follows: 

There will be a brief introductory 

opening during which SSA officials 

and/or other personnel, including a 

facilitator, will introduce themselves 

and describe the purpose and format of 

the meeting, including the ground rules 

for providing oral and/or written 

comments at the meeting. 

We will ask for public comments on 

our proposed rules after a presentation 

of an overview of SSA’s Comprehensive 

Work Opportunity Initiative. This 

discussion will be followed by a brief 

overview of the Ticket NPRM followed 

by an opportunity to offer comment on 

the following areas: (1) State 

participation and beneficiary choice; (2) 

employment network payment systems; 

(3) ticket eligibility for beneficiaries 

whose conditions may improve; (4) 

eligibility for more than one ticket per 

period of eligibility; (5) the definition of 

‘‘using a ticket’’ and timely progress; (6) 

the evidence requirements for 

employment network payment; and (7) 

availability of phase 1 milestone 

payments in conjunction with 

vocational rehabilitation 

reimbursement. 

The third and final phase of the 

meeting will start with an overview of 

SSA’s Demonstration Projects and will 

be followed by an opportunity to 

comment on any of the Demonstration 

Projects or SSA Work Incentives. 

For each issue and as time allows, we 

will give each individual the 

opportunity to provide oral comments 

within a specified amount of time (e.g., 

approximately two minutes). 

Microphones will be stationed at 

convenient points in the meeting room. 

We will ask individuals wanting to 

provide comments to us to form a line 

behind each microphone and approach 

the microphone in turn. We will ask 

that each speaker, before delivering his 

or her remarks, identify themselves by 

full name, address, and telephone 

number. For those individuals 

representing organizations, we will 

request that they identify themselves by 

full name, state the name of the 

organization and the capacity in which 

they represent the organization, and 

give the organization’s address and 

telephone number. Each individual will 

then state his/her comments regarding 

the area/issue open for comment. Each 

individual’s remarks will be recorded 

and later transcribed and entered into 

the rulemaking record as written 

comments. 

We anticipate allotting a period of 

time to receive oral comments on each 

area/issue, with a short break between 

each such period. At times announced 

during the meeting, and at the end of 

each meeting, we will accept written 

comments from individuals wishing to 

give us comments in writing. 

What Will SSA Do With the Comments 

It Receives on the NPRM? 

The transcript of the oral comments 

on the NPRM given to us at the town 

hall meetings and any written 

comments we receive at the meetings, 

together with the written comments that 

we receive in the manner prescribed in 

the NPRM during the 90-day comment 

period, will become a part of the 

rulemaking record for making changes 

to the regulations for the Ticket to Work 

program. The 90-day comment period 

ends on December 29, 2005. We will 

consider all of these comments in 

developing the final rules for the Ticket 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65873 

to Work program. We will summarize 

the public comments we received on the 

NPRM and respond to the major 

comments in the preamble to our final 

regulations. 

We will post the written comments 

we receive during the 90-day comment 

period, including the transcript of the 

oral comments presented at the town 

hall meetings, on our Internet site at 

http://policy.ssa.gov/pnpublic.nsf/ 

LawsRegs. You may also make 

arrangements to inspect the comments 

as explained in the ‘‘How do I provide 

comments on the NPRM if I do not go 

to a town hall meeting?’’ section of this 

notice. 

How Do I Provide Comments on the 

NPRM if I Do Not Go to a Town Hall 

Meeting? 

You may give us your written 

comments by: using our Internet site 

facility (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/ 

LawsRegs or the Federal eRulemaking 

Portal at http://www.regulations.gov; email to regulations@ssa.gov; telefax to 

(410) 966–2830; or letter to the 

Commissioner of Social Security, P.O. 

Box 17703, Baltimore, MD 21235–7703. 

You may also deliver them to the Office 

of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between the hours of 8 

a.m. and 4:30 p.m. on regular business 

days. To be sure your comments are 

considered, we must receive them by 

December 29, 2005. 

We post the comments on our Internet 

site at http://policy.ssa.gov/ 

pnpublic.nsf/LawsRegs. You may also 

inspect the comments on regular 

business days by making arrangements 

with the following contact person: Greg 

Zwitch, SSA Regulations Officer, Social 

Security Administration, 107 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, e-mail 

regulations@ssa.gov, or telephone (410) 

965–1887 or TTY (410) 966–5609. 

Authority: Sec. 1148 of the Social Security 

Act (42 U.S.C. 1320b-19); sec. 101(e), Pub. L. 

106–170, 113 Stat. 1860, 1877 (42 U.S.C. 

1320b–19 note). 

Dated: October 27, 2005. 

Martin H. Gerry, 

Deputy Commissioner for Disability and 

Income Security Programs. 

[FR Doc. 05–21819 Filed 10–31–05; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–0AR–2005–TN–0006–200519(b); FRL–

7990–4] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Nashville Area Second 10-Year 

Maintenance Plan for the 1-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve a revision to the Tennessee 

State Implementation Plan (SIP) 

submitted in final form on August 10, 

2005. The SIP revision provides the 

second 10-year maintenance plan for the 

Nashville (Middle Tennessee) 1-hour 

ozone maintenance area (Nashville 

Area, which is composed of the 

following five counties: Davidson, 

Rutherford, Sumner, Williamson, and 

Wilson. The Nashville Area is still 

required to fulfill obligations under the 

1-hour ozone national ambient air 

quality standard (NAAQS), because EPA 

has deferred the effective date of the 

designation for the Nashville Area 

under the newer 8-hour ozone NAAQS 

due to participation in an Early Action 

Compact. EPA is proposing to approve 

this SIP revision because it satisfies the 

requirement of the Clean Air Act for the 

second 10-year maintenance plan for the 

Nashville Area. 

In addition, in this rulemaking, EPA 

is providing information on its 

transportation conformity adequacy 

determination for new motor vehicle 

emission budgets (MVEBs) for the year 

2016 that are contained in the second 

10-year 1-hour ozone maintenance plan 

for the Nashville Area. EPA determined 

that the 2016 MVEBs are adequate in a 

previous action. EPA is also proposing 

to approve the 2016 MVEBs in this 

action. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

State’s SIP revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no significant, material, and 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

DATES: Written comments must be 

received on or before December 1, 2005. 

ADDRESSES: Comments may be 

submitted by mail to: Anne Marie 

Hoffman Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. 

Comments may also be submitted 

electronically, or through hand 

delivery/courier. Please follow the 

detailed instructions described in the 

direct final rule, ADDRESSES section 

which is published in the Rules section 

of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Anne Marie Hoffman, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9074. 

Ms. Hoffman can also be reached via 

electronic mail at 

hoffman.annemarie@epa@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules section of this Federal Register. 

Dated: October 17, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 05–21529 Filed 10–31–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[OAR–2003–0074; FRL–7991–2] 

RIN 2060–AG21 

Performance Specification 16 for 

Predictive Emission Monitoring 

Systems and Amendments to Testing 

and Monitoring Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: This action reopens the 

public comment period for the action 

entitled ‘‘Performance Specification 16 

for Predictive Emission Monitoring 

Systems and Amendments to Testing