Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 61933 

including small entities, from 

employing manipulative or deceptive 

devices or contrivances, and therefore 

may cause entities, including 

potentially small entities, to increase 

costs in order to comply. This 

prohibition, however, will improve 

market transparency to the economic 

benefit of all entities, including small 

entities. Therefore, the Commission 

certifies that this proposed rule, if 

finalized, will not have a significant 

economic impact on a substantial 

number of small entities. 

Comment Procedures 

21. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due November 17, 2005. 

Reply comments are due seven days 

thereafter. Comments must refer to 

Docket No. RM06–3–000, and must 

include the commenter’s name, the 

organization they represent, if 

applicable, and their address in their 

comments. Comments may be filed 

either in electronic or paper format. 

22. Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. The Commission accepts 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must send an original and 14 copies of 

their comments to: Federal Energy 

Regulatory Commission, Office of the 

Secretary, 888 First Street NE., 

Washington, DC 20426. 

23. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

Document Availability 

24. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

25. From FERC’s Home Page on the 

Internet, this information is available in 

the eLibrary. The full text of this 

document is available in the eLibrary 

both in PDF and Microsoft Word format 

for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

26. User assistance is available for 

eLibrary and the FERC’s Web site during 

our normal business hours. For 

assistance contact FERC Online Support 

at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

List of Subjects 

18 CFR Part 47 

Electric utilities, Electric power, 

Investigations, Penalties. 

18 CFR Part 159 

Natural Gas, Pipelines, Investigations, 

Penalties. 

By direction of the Commission. 

Magalie R. Salas, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Chapter 

I, Title 18, Code of Federal Regulations, 

as follows: 

1. Part 47 is added to read as follows: 

PART 47—PROHIBITION OF ENERGY 

MARKET MANIPULATION 

Authority: 16 U.S.C. 791–825r, 2601–2645; 

42 U.S.C. 7101–7352. 

§ 47.1 Prohibition of energy market 

manipulation. 

(a) It shall be unlawful for any entity, 

directly or indirectly, 

(1) To use or employ any device, 

scheme, or artifice to defraud, 

(2) To make any untrue statement of 

a material fact or to omit to state a 

material fact necessary in order to make 

the statements made, in the light of the 

circumstances under which they were 

made, not misleading, or 

(3) To engage in any act, practice, or 

course of business that operates or 

would operate as a fraud or deceit upon 

any person, in connection with the 

purchase or sale of electric energy or the 

purchase or sale of transmission 

services subject to the jurisdiction of the 

Commission. 

(b) Nothing in this § 47.1 shall be 

construed to create a private right of 

action. 

2. Part 159 is added to read as follows: 

PART 159—PROHIBITION OF ENERGY 

MARKET MANIPULATION 

Authority: 15 U.S.C. 717–717z; 42 U.S.C. 

7101–7352. 

§ 159.1 Prohibition of energy market 

manipulation. 

(a) It shall be unlawful for any entity, 

directly or indirectly, 

(1) To use or employ any device, 

scheme, or artifice to defraud, 

(2) To make any untrue statement of 

a material fact or to omit to state a 

material fact necessary in order to make 

the statements made, in the light of the 

circumstances under which they were 

made, not misleading, or 

(3) To engage in any act, practice, or 

course of business that operates or 

would operate as a fraud or deceit upon 

any person, in connection with the 

purchase or sale of natural gas or the 

purchase or sale of transportation 

services subject to the jurisdiction of the 

Commission. 

(b) Nothing in this § 159.1 shall be 

construed to create a private right of 

action. 

[FR Doc. 05–21423 Filed 10–26–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 16 

RIN 1018–AG70 

Injurious Wildlife Species; Black Carp 

(Mylopharyngodon piceus); Extension 

of Comment Period 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, extend the comment 

period on a proposed rule to add all 

forms of live black carp 

(Mylopharyngodon piceus), including 

gametes and viable eggs, to the list of 

injurious fish under the Lacey Act and 

on the draft environmental assessment 

and draft economic analysis prepared in 

association with the proposed rule. 

DATES: Comments must be submitted on 

or before December 16, 2005. 

ADDRESSES: The analyses are available 

from the Chief, Division of 

Environmental Quality, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Mail Stop 322, Arlington, 

Virginia 22203; FAX (703) 358–1800. 

They also are available on our Web page 

61934 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules 

at http://contaminants.fws.gov/Issues/ 

InvasiveSpecies.cfm. Comments may be 

hand-delivered, mailed, or sent by fax to 

the address listed above. Alternatively, 

you may send comments by electronic 

mail (e-mail) to: BlackCarp@fws.gov. 

See the Public Comments Solicited 

section below for file format and other 

information about electronic filing. 

FOR FURTHER INFORMATION CONTACT: Erin 

Williams, Division of Environmental 

Quality, Branch of Invasive Species, at 

(703) 358–2034 or 

erin_williams@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In February 2000, we were petitioned 

to list black carp as an injurious wildlife 

species under the Lacey Act (18 U.S.C. 

42). On July 30, 2002 (67 FR 49280), we 

published a proposed rule in the 

Federal Register to add all forms 

(diploid and triploid) of live black carp 

to the list of injurious fish, mollusks, 

and crustaceans under the Lacey Act. 

The comment period on the proposed 

rule closed on September 30, 2002. On 

June 4, 2003 (68 FR 33431), we 

reopened the comment period until 

August 4, 2003. We received 103 

comments during the first two comment 

periods. 

On August 30, 2005 (70 FR 51326), we 

announced the availability for public 

comment of a draft environmental 

assessment and draft economic analysis 

for the proposed rule and reopened the 

comment period on the proposed rule. 

The purpose of the draft environmental 

assessment is to evaluate three 

alternatives associated with the 

proposed rule; the purpose of the draft 

economic analysis is to analyze the 

potential economic impact if the 

proposed rule were adopted as 

published. The comment period on the 

proposed rule, draft environmental 

assessment, and draft economic analysis 

is set to close October 31, 2005. 

Because of requests received from the 

public, we are hereby extending the 

comment period until December 16, 

2005. As stated in the August 30, 2005, 

Federal Register document, we are 

particularly interested in data and 

comments on alternatively listing the 

diploid (fertile) form only. Please refer 

to that document for further 

information. Comments already 

submitted on the proposed rule need 

not be resubmitted as they will be fully 

considered in our decisionmaking. 

Public Comments Solicited 

Submit data and comments as 

identified in ADDRESSES. If you submit 

documentation by e-mail, please submit 

it as an ASCII file format and avoid the 

use of special characters and 

encryption. Please include ‘‘Attn: [RIN 

1018–AG70]’’ in your e-mail subject line 

and your name and return address in 

your e-mail message. If you do not 

receive a confirmation from the system 

that we have received your e-mail 

message, contact us directly by calling 

our office at telephone number 703–

358–2148 during normal business 

hours. Please note that this e-mail 

address will be closed at the termination 

of the public comment period. 

Authority: 18 U.S.C. 42. 

Dated: October 19, 2005. 

Paul Hoffman, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 05–21440 Filed 10–26–05; 8:45 am] 

BILLING CODE 4310–55–P